Thursday, May 21, 2009

Kimkins Class Action Certified

Two years after the now infamous Kimkins Woman's World article came out, there is now a certified Class Action Lawsuit against Kimkins.

The certification was actually granted back in January 2009 but it was deemed an invalid decision due to Heidi Diaz of Kimkins having filed for bankruptcy just days prior. With the bankruptcy suit being dismissed, the certification hearing was put back on the case agenda and certification was finally granted.

For the January hearing, Heidi did not bother to file any opposition to the motion for certification. She surely relied on the bankruptcy to resolve the issue for her. However, the end result was just a few months delay.

This time, she did file an opposition. Or, her lawyer did, Mr. Peabody. He tried to claim that the principals were not representative of the class and therefore each plaintiff would need to sue Heidi individually.

It's hard to understand his reasoning for this claim. The lawsuit is not about the nutritionally bankrupt Kimkins diet, but about fraud. The fraud consists of lying about her own weight loss and using pictures of other people for herself and other "success" stories.

The claim by the plaintiffs is that we all paid money to Heidi Diaz based on her fraudulent claims of her own successful weight loss using her diet. How can the principals NOT be representative of the class?

I would like to thank ALL the principals that represent me and the other plaintiffs. I know that there is work involved on their part; papers to fill in and send to our lawyer John Tiedt, phone calls and depositions. Thank you all for hanging in there during this long process!

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