Archive for the ‘Kimkins Diet Scam’ Category

Calling San Diego County…

April 9, 2008

If you were a victim of the Kimkins scam and you live in San Diego County, you can make a major impact in stopping Heidi Diaz’s Kimkins scam.  Please contact me at kimkinslawsuit@yahoo.com or contact John Tiedt at jtiedt@tiedtlaw.com for more information.

If you are a former or current Kimkins member, you can still help by spreading the word to any San Diego County resident who joined Kimkins.

Advertisements

Send in your info….

March 31, 2008

I want to send out a resounding thanks to everyone who has sent information in to John Tiedt to assist in the prosecution of the Kimkins Class Action Lawsuit!  He’s gotten a lot of information and is having a tough time wading through all of it. 

 So, we’ve set up a new email address where evidence, screenshots and other tips and suggestions can be sent.

kimkinscase@gmail.com

As a reminder:

Here is a list of the items we need in order to continue the prosecution of our case:

1.) All Kimkins.com screenshots containing false testimonials by Kimmer;

2.) All Kimkins.com screenshots containing false testimonials by anyone other than Kimmer;

3.) All Kimkins.com screenshots wherein the use of laxatives was advised;

4.) Any and all rumors about the Kimkins diet advocated by Heidi Diaz or any of her alter egos (e.g., Jessica Alba lost weight on Kimkins);

5.) All instances wherein Heidi Diaz used an alter ego/another name to acquire assets;

6.) Any evidence implicating Delaney Deaver in engaging in fraudulent conduct or ratifying fraudulent conduct of Heidi Diaz;

7.) A copy of any letter, email, or any other document sent to Heidi Diaz/Kimkins.com complaining of an adverse event or injury as a result of the Kimkins diet.

 Remember if you want to send new or old information, tips, suggestions or thoughts to John and his team, please send them to kimkinscase@gmail.com so that information can be well-organized!  Thanks for all of your help!

The Latest From John

March 13, 2008

Here is a wrapup of the lawsuit so far that I am sure you will all enjoy from our attorney John Tiedt.

class-letter-031308.pdf

To Heidi, the Principals, my Fellow Duckies and all who are interested…

February 28, 2008

First of all, I’m angry.  So, this probably won’t carry the polite tone I try to keep in my normal, everyday interactions with everybody.  Forgive me now and let’s keep it moving.

I can’t thank the principals and others enough for being brave enough to put their names and faces on the fight against Kimkins and I can’t thank the Duck Squad (of which I am proud, card-carrying member!) enough for working hard and never letting up on revealing the lies and providing the information that has been needed to get this case off the ground. That being said, it has come to my attention that at least one of the principal representatives in the consumer fraud class action lawsuit against Kimkins.com and Heidi Diaz has been potentially scrutinized by Heidi and, possibly, her defense team.

I was well aware of the potential for this type of thing and did try to warn anyone who was interested in standing up against Heidi that this might be the case as the court proceedings progressed.  So, rest assured, none of us has gone into this with our eyes closed.

 Still, I have a few things to say.

Heidi, I understand that you are backed into a corner and are trying to strike out any way that you know how.  I can appreciate that.  But I also want to point out that you would not be in the corner you’re in if you hadn’t decided to scam us in the first place.

This lawsuit is not about you cleaning up your act and trying to establish a website and diet plan that follows the rules.  This lawsuit is not about you telling the truth after the fact.  This lawsuit is about the years of lies and web of deceit that you used to cheat desperate, overweight women out of millions of dollars.

I can empathize with the struggles you’ve had in your life and with the gratification that the adulation you received via weight loss messageboards over the last decade or so has provided for you and if you had stopped there, I would have nothing to say to you.  But you crossed a line when you used your lies and deceit to get my money and the money of other people like me.

You committed a crime and your main defense is to blame the victim.  A rape victim’s name can no longer be sullied simply because she wore a short skirt and was in the wrong place at the wrong time.  Neither can the name of any of us Principals be sullied simply because we chose the wrong diet at the wrong time. 

It doesn’t matter how many diets I’ve been on in the past.

It doesn’t matter how much weight I have gained and lost.

It doesn’t matter if my marriage failed.

It doesn’t matter if I have made poor life choices in the past.

It just doesn’t matter. 

Because I am not responsible for your actions.  You are. 

You lied to get money.  You committed consumer fraud in voilation of the business laws in the State and Country in which you reside and it is my intention to see you face litigation through the justice system.

My empathy and sympathy for you begins and ends back in 2005 when you decided to launch Kimkins.com.  You have had numerous opportunities to change the course of what is happening to you.  You made your choice.

John Tiedt informed me that my deposition will take place some time in the near future.  I can’t wait for it.  As you can see, I have plenty to say.

To the Principals, if anybody makes any contact with you, your friends or family in regards to Kimkins.com or Heidi Diaz, refer them to our attorney, John Tiedt.  And if you need anything from me, I am a phone call or email away.

Play nice.

Lawsuit Update

February 22, 2008

1) John Tiedt has now officially taken 2 depositions of Heidi Diaz.

2) John Tiedt has now officially taken 1 deposition of Brandon Diaz

3) We have learned that while Heidi Diaz was profiting from Kimkins through the Women’s World surge et al, she was also still accepting payments and income from SSDI and Medicare.

4) Heidi Diaz is still currently making money and still in business, however we have acquired new information that affirms the belief towards her concealment of assets.

5) We have uncovered evidence of more fraud and false advertising.

6) Brian Pugh is not an attorney, but he is an employee of Bert Cottle, and Brian formed Sharp Plumbing LLC, Halcyon Web LLC and the Beauchamp Trust for Heidi Diaz.  John Tiedt plans to complete a deposition of Brian Pugh in the near future.

7) Bert Cottle has filed a demurrer that we are confident will fail.  In addition, Bert Cottle has put in a motion to set aside the writ of attachment that is in place on Heidi Diaz’s assets.  It is entirely up to the judge and she will hand down her decision after she has reviewed all of the court documents on 3/21/2008.

Reject the Refund!

November 16, 2007

If Heidi attempts to send you a refund/has refunded you and you still want to participate in the lawsuit, reject the refund!

 Paypal payments can be returned; you can send the payment back to Heidi through PayPal. 

We can only bring Heidi Diaz to justice for her actions by continuing to work together!

Reject the Refund!

Download the Affidavit or Declaration Form

November 15, 2007

Here are the Form Affidavit and Form Declarations that need to be submitted to John Tiedt for inclusion in the Kimkins.com lawsuit.

form-declaration.doc 

form-affidavit.doc

If you are NOT a California resident, download the Form Affidavit, fill in your name, payment info, etc. and take the form to be notarized at your local bank, etc. prior to mailing.

If you are a California resident, download the Form Declaration, fill in your name, payment info, etc. and mail.

The forms go to:

Law Offices of John E. Tiedt
10370 Hemet Street, Suite 390
Riverside, California 92503

P.S.  Heidi (as Noelle) is in the midst of issuing refunds to those who want them.  Please send the money back through paypal or reject the refund and participate in the lawsuit!