Kimkins Notice – Opt Out Option
Filed under: Diet, Legal Stuff, kimkins, paid memberships
The following notice is presented for those who may need information on how to not participate in the Class Action Lawsuit against Kimkins.
Why would you want to do this?
Well, for one thing, maybe you like taking diet advice from someone who lied about their weight and used fake pictures from Russian Brides sites to promote her site.
A better reason might be that you did suffer some serious physical consequences and you will need to sue Heidi personally. Just know, if this would be your reason I am truly sorry for ailments you have faced and hope you are well or getting well.
Ok, so here is the information if you wish to duck out the back door:
NOTICE OF PENDENCY OF CLASS ACTION
TO: EVERYONE WHO PURCHASED A MEMBERSHIP TO KIMKINS.COM THROUGH THE KIMKINS.COM WEB SITE (www.kimkins.com) FROM JANUARY 1, 2006 TO OCTOBER 15, 2007
PLEASE READ THIS NOTICE CAREFULLY. YOUR RIGHTS MAY BE AFFECTED BY A CLASS-ACTION LAWSUIT THAT IS CURRENTLY PENDING IN RIVERSIDE COUNTY SUPERIOR COURT, IN RIVERSIDE, CALILFORNIA.
INTRODUCTION
1. On May 20, 2009, the Riverside County Superior Court, located in Riverside, California, issued an order certifying this case to proceed as a class action.
2. The plaintiffs are six individuals who bought memberships to kimkins.com through the kimkins.com Website (www.kimkins.com) from January 1, 2006 to October 15, 2007. The defendants are Heidi Diaz, an individual, and Kimkins (also known as Kimkins.com), a business entity that conducts business in Corona, California.
3. The plaintiffs contend that Diaz and Kimkins.com induced them into buying memberships for kimkins.com through false and misleading information provided on the Kimkins.com Web site. The plaintiffs contend that the defendants violated California Business & Professions Code § 17200, et seq., which authorizes courts to provide relief from unfair, unlawful, and fraudulent business practices. The plaintiffs also contend that Diaz and Kimkins.com violated common law prohibitions against fraud and negligent misrepresentation.
4. This notice provides you with information regarding the litigation, including the plaintiffs’ claims against the defendants and the current status of the litigation. This notice also provides you with information regarding the court’s class-certification order.
THE LITIGATION
The Plaintiffs’ Claims
5. This lawsuit is based on the plaintiffs’ claims that Diaz and Kimkins used unfair, unlawful, or fraudulent business practices to induce them into buying memberships to Kimkins.com. This lawsuit is also based on the plaintiffs’ claims that the false and misleading information contained on the kimkins.com Web site constituted fraud or negligent misrepresentation by Diaz and Kimkins.
6. Here’s a list of the kinds of misconduct that the plaintiffs have alleged:
• that Diaz and Kimkins concocted a false persona, “Kim Drake” or “Kimmer” to sell memberships to Kimkins.com
• that Diaz and Kimkins misled potential members into believing that “Kim Drake” was real by using photos of real women and then falsely claiming that the photos depicted “Drake”
• that Diaz and Kimkins posted lied about “Drake’s” purported weight loss
• that Diaz and Kimkins provided false or misleading information to Women’s World magazine
• that Diaz and Kimkins fabricated 41 “success stories” and published on the Kimkins.com Web
• that Diaz and Kimkins made up celebrity endorsements
• that Diaz and Kimkins misused labels and metatags to steer Internet traffic to the Kimkins.com Website, in violation of the law
• that Diaz and Kimkins misled potential members into believing that they were buying lifetime memberships, when in fact Diaz and Kimkins.com terminated memberships at their whim
• that Diaz and Kimkins intended to mislead potential members and assumed that potential members would rely on her misrepresentations.
The Defendants’ Position
7. Diaz and Kimkins have denied all allegations of wrongdoing and liability, and they continue to deny that they have done anything wrong. Diaz and Kimkins also have asserted various affirmative defenses to the plaintiffs’ claims.
THE COURT’S CLASS-CERTIFICATION ORDER
8. In an order filed May 20, 2009, the Court granted the Plaintiffs’ Motion for Class Certification. The Court certified for class treatment the plaintiffs’ claims for equitable relief, including disgorgement of the subscription fees paid to Diaz and Kimkins by the plaintiffs and the members of the class.
9. The certified class is defined as all individuals who purchased the Kimkins.com diet membership on-line from the Kimkins.com Web site from January 1, 2006 through October 15, 2007.
THE COURT HAS NOT EXPRESSED ANY OPINIONS
REGARDING THE MERITS OF THE PLAINTIFFS’ CLAIMS
10. The Court ordered that this notice be provided to advise class members that this case is pending and that the Court has certified the case to proceed as a class action. You should not consider this notice or its mailing to be a statement by the Court that the plaintiffs are right or that their claims will prevail.
INSTRUCTIONS TO CLASS MEMBERS
11. You do not need to do anything to remain a member of the class. If you bought a Kimkins.com diet membership on-line from the Kimkins.com Web site from January 1, 2006 through October 15, 2007—including either of those dates—you are automatically included in the class. Your rights will be represented by the plaintiffs and their attorneys. You will not be personally responsible for any attorney fees or for the any of the costs of this litigation.
OPT OUT OF CLASS ACTION LAWSUIT
12. You have the opportunity to opt out of the class action lawsuit as detailed herein. If you incurred a personal injury as a result of using the Kimkins.com aka Kimkins Diet, you have a right to opt out. Notices to opt must be sent to jtiedt@tiedtlaw.com or mailed to Tiedt & Hurd at 980 Montecito Drive, Suite 209, Corona, California 92879.
WHERE TO GO & WHOM TO CONTACT
SHOULD YOU NEED MORE INFORMATION
13. This notice provides only a brief summary of this litigation. For further details, you should take one or both of the following steps:
• Review the documents in the Court’s file for this lawsuit. Many of these documents may be viewed or obtained on-line at the following URL: http://public-access.riverside.courts.ca.gov/OpenAccess/ . You also may review the Court’s file in person by going to the Office of the Clerk of the Court for the Riverside Superior Court, during regular business hours. The Clerk’s office is located at 4050 Main Street, Riverside, California 92501.
• Write a letter to the attorneys who are representing the plaintiffs and whom the Court has appointed to represent the class. Here are their names and their contact information:
John E. Tiedt & Marc S. Hurd
Tiedt & Hurd
980 Montecito Drive, Suite 209
Corona, California 92879
Michael L. Cohen
Michael L. Cohen, a PLC
707 Wilshire Blvd., Suite 4100
Los Angeles, California 90017
Ray Moore
Moore Winter McLennan LLP
701 N. Brand Blvd., Suite 200
Glendale, California 92103-4232
If you decide to contact one of the plaintiffs’ attorneys, please do so in writing. To make it easier for them or one of their staff members to respond, however, your letter should include both your e-mail address and your telephone number.
There are estimated to be as many as 40,000 members in the class. So please, DO NOT CALL THE COURT OR ATTEMPT TO CONTACT THE COURT BY E-MAIL.
DATE: ___________________________, 2009
____________________________________
Hon. _________________________,
Presiding Judge
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Kimkins, Your Time is Going to Come
I LOVE Led Zepplin. What a perfect song as we rapidly approach the summary judgement this month.
Word on the street is that there are people looking for me and will be talking with me soon. That is news to me. They will need to get in line and make an appointment as I am extremely busy these days.
This 2 year anniversary is very symbolic for me. I have been through a lot in the past 2 years, but have made the most dramatic changes in just this past month. I have been spending some time weeding out the things that are not important to me, and should we get the results we hope to see from the Kimkins case I will be excited to unload that from the list of things to tidy up and finish off.
I’ve been working on a new internet marketing plan and overall life plan. I am not sure whether this has come as a result of a seven year itch or some midlife thing, but the unloading feels good.
My new goals will be completed by August of 2011. 2 years sounds like a long time for a plan, but I am looking for some long term results – not just a quick fix. We all learned from KK that the quick fix can actually make things worse in the long run.
While I had gained back nearly all the weight I lost, it has been dropping off this past month without even trying. I have found if I just keep busy and stay away from car rides it is a no brainer. I think the addition of dropping some unnecessary stress and things that just were not working has been an important factor.
I’ve been asking myself, “what would really make me happy?” I think people fall into slumps of thinking they are happy or spending too much time trying to make others happy. The next couple of years will be all on making myself as happy as possible.
I would suggest to people who are overweight to ask themselves the same question before even starting a diet. Not the ones with medical issues, but those who have just let things slide. The right answer should have nothing to do with weight – meaning your answer should not be “If I lost 100lbs I would be really happy.” Losing weight is not as hard a battle when other negative issues have been removed. I have personally evaluated for myself that my weight is a reflection of the other issues surrounding me. Right now, food is not important other than for nourishment. As a total “foodie” I am suprised I have finally come to this.
I have dropped a pant size in a week. I have not obsessed with counting calories, or deprived myself when I felt hungry. I’ll be monitoring myself weekly and keeping track of my happiness level. Should things keep going in the right direction, I’ll be relieved to have finally found what really “works.” 
Share this Post[?] Win $300! Kimkins Essay Contest 2009
Wowee! A Kimkins Essay Contest!
I just got the newsletter, and looks like I have a chance to win anywhere from $50-$300 usd from an entry into the Kimkins Essay Contest 2009.
Here’s your chance — tell us!
TOPIC: Why I Like Kimkins
PRIZES: $50-300
ENTRY FEE: None
DEADLINE: May 11, 2009
WORD COUNT: Minimum: 250 Maximum: 1,000
WINNERS ANNOUNCED: June 1, 2009
GUIDELINESEntries will be judged on originality, sincerity and how well your message is conveyed.
Essays may be typed or handwritten.
Before/after photos may be included to demonstrate your message.
Entries will be blind judged. Personal identifying information will be removed before forwarding to the Selection Committee.
Entries must include first name, last name, Kimkins user name, email address and home address. Please write or type the information on your essay.
Winners will be announced on June 1, 2009. Certified checks will be mailed to the winners by June 15, 2009.
Winning essays may be published at Kimkins.com and personal information removed.
Kimkins staff members, vendors and consultants are ineligible to enter or judge entries. The decision of the Selection Committee is final.
Submit entries by email to webmaster@kimkins.com or mail at Kimkins, 575 Calhoun St., Corona, CA 92879.
Entries and photos must be received by email or postmarked by May 10, 2009 12:00 a.m. Entries received after the deadline will not be considered.PRIZES
1st Place: $300 cash & free Kimkins gift membership
2nd Place: $150 cash & free Kimkins gift membership
3rd Place: $50 cash & free Kimkins gift membership
5 Honorable Mention: Kimkins gift basket & Kimkins gift membership
Ok, so there’s the details. Let’s see if I can get a head start on this.
Let’s begin with the first question. Why do I like Kimkins? Hmm. Why do I… Hmmm Like Kimkins….hmmm.
Oh, I know!
If it weren’t for Kimkins, I would have never learned so much about the internet, online marketing, scams, and diets. Kimkins opened my eyes to how easy it is to steal borrow photo’s from Russian Bride websites and use them as your own success stories or what ever you please. This opened my eyes to a plethora of other ways photos can be used on the internet to con convince people your product is good.
Thanks to Kimkins, I have learned that yahoo answers can be used to drive traffic to your website promotions. I have learned the art of sock puppetry. Yes, just like pen names, a person can create many personas on the web and use them to be as many people as they desire. The more different people you can portray, the more it looks like you have a great product to promote, especially when everyone is saying great things about your product.
Thanks to Kimkins, I have learned how vitally important article marketing is and how your articles can spread like weeds all over the internet giving you a bazillion backlinks to your website. I have also learned that activists can get these articles removed with some good old fashioned elbow grease.
Kimkins has been instrumental in helping me find new friends that will be with me for life!
If it weren’t for Kimkins, I would still be in the dark on how easy it is to sue someone and get sued. I have learned to accept life on the run as just a normal part of everyday life. I have learned that if you are trying to sue someone in another state over an internet issue that you may get shot down for “lack of jurisdiction.”
I have learned the importance of a class action lawsuit. How it is something created to protect everyone. I have learned that the court system is very slow in Corona California, but that a lawyer like John Tiedt is a one in a million God send. He has been persistent for well over a year now and has assured us he will not stop until the right thing has been done.
Thanks to Kimkins, I have learned there are free forums on the internet and people who can support you in your weightloss journey. I now know that fast weightloss can cause some serious damage and that gastric bypass patients really need the serious care of a doctor and they need many supplements to maintain their health. It’s not just about making the stomach smaller so you can eat less.
I have learned that some kind of exercise is really important for long term sucessful weightloss. Also, that anything below 800 calories a day is considered starvation.
I like how Kimkins has helped me learn the lesson of how some things need to be kept very quiet until thoroughly investigated.
Most of all, I like Kimkins for the never ending blog topics I am presented with. I can find another angle to hash out just about any day of the week.
I have also learned that it is frowned upon now by the FTC for affiliates to be incentivised with product or money to write positive reviews on a product. How that can get the blogger and the product owner into a whole heap of trouble if done wrong.
Finally, I have learned that even if you never say anything wrong on a forum that you can still be banned from your lifetime membership. That some don’t understand the meaning of spreading the truth and that freedom of speech is a right here in the USA.
Yes, I like Kimkins for the learning experience it has provided me on all these things.
Ok, so there is the first draft of my essay. I would like to submit some photos but my camera is on the fritz at them moment. Hmm, DUH! Yes! I have some photos:
Yes, that is me before Kimkins – and here is my after:
Thanks Kimkins!
Share this Post[?] Bankruptcy Case Filed By Heidi Diaz is Dismissed
Things have been quiet for a while on the home front of the case against Kimkins.con.
Just when it looked like we were making progress, and we got permission to go forward with the lawsuit, Heidi Diaz aka Kimmer filed for bankruptcy. This particular act put a hold on our case, and pretty much put things at a dead stop. A thread that was buzzing daily with updates and activity all but fell off the web. The ghosts in the morgue were louder than the Fascination at LCF.
This was not the first time Ms. Diaz has filed for bankruptcy, and I have a feeling it won’t be the last. The only difference this time was her inability to stake her claim. It will be another 6 months before she can try the claim again.
The reason behind the choice to dismiss this particular filing is unclear at this time, but one could speculate that Kimmer was not ready to really reveal the truth behind all her assets. It could also be speculated that this is not be the first time Kimmer tried hiding her assets. Of course, I come to this idea from the past attempts for Heidi Diaz to hide her true identity.
I will be anxious to see the schedule of up and coming events. I would like to ask the Riverside Court house in California to please install the Red Bat Phone, and call John Tiedt with any cancellations or openings so we can just get back to business.
A special thank you to John Tiedt and Scott Clarkson for their persistence and dedication to justice.
Share this Post[?] Class Certification Granted!
Who’s gonna sue a little old house wife from Corona California? A bunch of lied to members of her defunct diet website – that’s who.
An appointment on Wednesday January 14th 2009 was attended and Class Certification was granted, despite the recent filing of bankruptcy by Heidi Diaz, owner of the Kimkins.com diet membership site.
Who said it couldn’t be done? I believe that would have been Kimmer herself. Prudentia has the latest and hottest information regarding this and the details of bankruptcy as well.
Can the sound of quacking ducks make your ears bleed? We may find out soon.
Share this Post[?] Kimkins Humor Smackdown!
I see myself as a bit of an artist, although whether I’m a good artist has yet to be determined.
I like to express myself with all kinds of mediums. With all the talks recently of Slapp and Smack I was reminded of the old comics with the additional POW! and BAM! as well. I needed to express myself and create my own comic.
I came across this wonderful site called QuickToons. I needed to to a bit of extra tweeking to get the right point across, but the site did help me curb my time down greatly.
Here’s what I was able to create:
Smack Down
The Slapp is explained in great detail on Prudentia’s blog.
A new term added today by MagicsMom is the SMACK. I agree with this statement whole heartedly:
So I encourage you to join us in giving Heidi a great big SMACK. After all, a SLAPP deserves a SMACK. So let’s See More Activists Confronting Kimkins! We need you, we want you, and we will win.
Dust off some of those old blogs and get crackin! We have so much evidence accumulated, and it just keeps coming. Let’s give Heidi a good old Smack down!
Share this Post[?] A Message to Dakota
Filed under: Uncategorized, article writing, kimkins, video, viral marketing
Can you count how many times I say “um?”
Share this Post[?] Smoke This
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