Friday, October 29, 2010

Kimkins Trial Verdict

The Court found in favor of the plaintiffs on all points.

We have a judgement based on fraud for $1.8 Million.

We have punitive damages for $500,000

We have injunctive relief, which includes she can not further lie to promote her diet. She can not use fake photos, success stories or testimonials to promote her diet.

While we won't see a court ordered 404 message we got something even better.

Heidi must put a notice on ANY website she starts for any purpose, diet or otherwise, that explains that she lied, used fake success stories and testimonials, that she mislead, that she used deceptive practices. She is going to have to post a notice that explains that low calorie diets can be dangerous, with a list of possible adverse side effects (the wording of the notice is to be worked out between the lawyers and the judge). There is NO expiration of these notices.

The Judge included a PERMANENT restraining order wherein Heidi (or any of her socks) are prohibited against contacting in ANY form with any/all class members, class plaintiffs, lawyers, their families, their staffs (which includes me, Laura) for the rest of our lives.

Oh, all of her assets have been frozen until the judgement is entered and served.

This may be appealed, of course, but today, WE WON!!!!!

The official version:
Today, October 29, 2010, Judge Rick Brown of the Riverside County Superior Court entered a verdict for the plaintiffs in a certified national class action lawsuit. The court entered a verdict against Heidi Diaz the owner of the diet website for fraud and false advertising. The court awarded the class members restitution in the amount of $1,824,210.39. The court also awarded an additional $500,000 in punitive damages as well as attorney fees. The court then issued a temporary restraining order to freeze all of the assets of Ms. Diaz.

Most notably, the court also imposed an injunction requiring Heidi Diaz to post on all of her websites that: (1) she lied about her weight loss; (2) she lied about her after diet pictures; (3) she lied about testimonials on her website; and (4) she lied about the photographs used with the testimonials to promote the Kimkins website.

An injunction was also issued to prevent Heidi Diaz from contracting, harassing or cyberbulling the plaintiffs and the witnesses. A formal judgment will be entered before November 19, 2010.

The original complaint was filed over three years ago on October 15, 2007. I want to thank everyone who supported the class action lawsuit. The Ducks were wonderful. I met a lot of great people and made a lot of new friends fighting for a good cause. Heidi Diaz lied on her website and made the fatal mistake of lying in the courtroom. You cannot trust Heidi Diaz. I anticipate more legal (illegal) maneuvering by Heidi Diaz to evade the judgment. We will be prepared and I will be relentless. Again, I thank all you.

John E. Tiedt