Kimkins Lawsuit Review-

Justice and Divine Vengeance Pursuing Crime–

Proud’hon Pierre Paul (1808, Paris, Musйe du Louvre)

The Attorney Handling the Case

From the kimkins lawsuit blog –The attorney who is investigating this case is John E. Tiedt, a great consumer fraud attorney based in Riverside, CA, who can be reached via the following:

www.tiedtlaw.com

jtiedt@tiedtlaw.com

951-343-3320

Former Kimkins Members in San Diego County

A fellow blogger, Wildangel at Say No to Kimkins, had the following message:

If you are a former Kimkins member and you reside in San Diego County,

John Tiedt would like to hear from you.

Please email John.

Thank you very much for your help.

~*~*~*~

I do hope that all former Kimkins members will consider joining the Kimkins Class Action Lawsuit. There is strength in numbers. If you have already joined the Lawsuit, please be sure that you get your affidavit to John as soon as possible.

Remember, if you need any help with this, be sure to watch the helpful video.

Thank you!

Where are we now in the lawsuit?

from Jeanessa at the Kimkins lawsuit blog

Lawsuit Update

February 22, 2008 by kimkinslawsuit

• 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.

To Keep An Eye On The Case

All the current court documents can be viewed at the Riverside Court docs

Case watch

Edit- Jeanessa did an update on the lawsuit blog-

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

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…..MORE

HoneyBee’s Blog

I Am Not Ready To Make Nice with Kimkins

Award Ceremony To Be Scheduled Soon!

In my last post I noted the award that should be bestowed upon Heidi Diaz, the Kimmer, who is the founder of the kimkins diet and it appears that the case ceremony will be heard held in front of “your honor” in honor of Heidi Diaz. The sentencing ceremony may be long, but mug shots pictures will be immediately following the event.
It would be outstanding if Woman’s World would decide to cover the event and back story on how Heidi Diaz, the Kimmer, earned this award.
But there will be more coverage on this case ceremony. So check out the Riverside Court House documents and the other blogs on my blogroll.

Case watchKimkins Diet
HoneyBee’s Blog
I Am Not Ready To Make Nice with Kimkins

The Facts of Life in the Kimkins Saga- You Take the Good You Take the Bad!

Click to hear the “Facts of Life”

Where is a Mrs. Garrett when she is needed?
Wow, who knew so many words of wisdom were packed into this 80’s tv theme song?!?!?
The song says:

You take the good you take the bad
you take them both and there you have
the facts of life

Maybe I was the only one allowed to watch sitcom tv or at least took away a life lesson from something besides an after school special. But life gives you good and bad situations, it will give you good and bad google searches, good and bad posts, and then good and bad days too.

It appears that some people only want to take the good that they can get from the LCF members, a.k.a- the redheaded stepchildren, but they can’t accept that there may be some bad that comes up along the way too.
Not all research will yield additional information and some leads will become dead ends.
Not every post will be pc, in good taste, or agree with the reader’s viewpoint, nor will every member’s post be a reflection of the total group.

There’s a time you’ve got to go
and show your grow’n and now you know

I don’t know about others, but I certainly feel that I have been shown a side of people in their words and their tone, displayed in recent posts, that I hadn’t seen in the past. I do feel that I know more about those people now.

When the world never seems
to be living up to your dreams
and suddenly you’re finding out
the facts of life are all about you

This seems to fit the recent posts from jimmy’s forum. It seems that guilt mixed with the stress of life was making…the world or LCF seem that that they are not living up to the dreams of some, and suddenly they are finding out the facts of life/some of the facts of the case are about them and now they want to make everything about them or their efforts to stop Kimkins.com.

It takes a lot to get them right
when you learning the facts of life
learning the facts of life….

It does take some time to learn and understand the objective of some or the person behind the words. I know I personally had placed respect for a person that now appears to have not deserved that respect, so I guess I didn’t get that one right.

Kimkins Diet
HoneyBee’s Blog
I Am Not Ready To Make Nice with Kimkins

Low Carb Forum “Fascination thread”- the Red-headed Stepchild of the Kimkins Investigation?

The idea that the LCF- fascination thread can at times become a tad, unruly or snarky is not a new theory. If the members who participated were told as much that probably would say….Yes, that is true so those who find it not to their taste, should in their own best interest, refrain from reading the thread.

But most of the time the thread participates are called “haters”, “lynch mob”, or it is implied that they are just there out of boredom; trying to find something to do while waiting for news on the legal aspect of things. This belittles every effort that has been in the past, currently and even future actions by those so called ‘haters’. That is where the defense mechanisms kick in and the members then feel compelled to defend all prior work on the case.

This scenario has happened more times then I care to remember, because quite frankly, it gets old. I have grown weary of defending the hard work that I know everyone is doing. Well, at least the ones that post there frequently. I also know there are groups that do work outside of LCF as well. I for one am feed up with those who love to read the updates and be in the know, but don’t want to subject themselves to our humor or whatever the person is condemning us for at the time.

You would think by now the members who participate in the “fascination thread” would have grown accustomed to being treated like the “red-headed stepchild” in the anti-kimkins family. Being told that yes we have been good, but not good enough! We get a pat on the head and a tongue lashing to hopefully put us in our place.

Then the scenario repeats itself again in a few weeks. Although the scenario has happened many times, one of the most shocking blows came from Becky a.k.a. Littlebit formerly of Kimkins.com recently.The following is Becky’s post on us the LCF members…..the red-headed stepchildren ………

Post- Dec 14 2007, 03:41 PM

I am actually very upset with the LCF people and the blogs for being part of driving that site out of business. In fact, I am furious!

They can like it or not, but she was not a fraud, she was successful and real, and was well within her rights to start a business selling her diet. Contrary to their misinformed opinion, anyone can sell a diet, without a doctor or nutritionist affiliated, as long as it is within minimal safe legal standards, which hers was (and Kimkins isn’t). She stated up front what the diet was better than Kimmer did (low carb, low cal, low fat), offered more support and more caution than Kimmer did, and kept calories higher, up within the range of MANY commercial diets that operate freely and unimpeded. The site cost her money she may or may not have recouped, and it certainly deprived her overnight of a stream of revenue she no doubt counted on. She has lost her business (and hopes of funding reconstructive surgery, apparently) right before what should have been her busiest season.

If they are opposed to anyone making money off of diet support, there goes entire sections of every bookstore in the country, and just about every diet board online, because they all make money to pay the bills somehow, whether in selling information, support services, ad space, or products.

If they think it is wrong to sell something without ALL the details being known first, they had better get appointed head of the FTC, and pull down half the marketing out there on the web. Better yet, become a majority in Congress, and change the rules. FALSE information, like Kimmer gave, is illegal. Withholding disclosure of info required by law is illegal. What the chicken site did is lawful marketing, whether we like it or not.

This was important to her, and a mere passing fancy to many of them, and they helped to destroy her business.

If it had had anything to do with Kimmer, WHY would the guy have taken out an ad for a freelancer to make it like the Kimkins site? After all, Heidi OWNS Kimkins, has the tech team that BUILT Kimkins, and could use that template to pop up another in a flash.

Congratulations. They ended up doing Kimmer’s dirty work for her, and managing to get her competition shut down.

They will not rest, apparently, until Tippy’s site and this lady’s site and anyplace else current Kimkins members might really fell warmly welcomed is gone.

Yet they are patting each other on the back and doing the happy dance. I am disgusted.

Furthermore, LCF still has the Kimkins diet there, with many Kimkins threads devoted to it. If the Magic Chicken Lady was dangerous, what about LCF? True, there is the Fascination thread, which has done a lot of good work, but the rest is also still there, too, and nothing to stop people from following it as Kimmer always promoted it. Tippy’s new site and the Magic Chicken site both have better bottom limits than that.

On top of that, they did to the Chicken Diet lady what they did to Tippy, and others — insulted her looks, questioned her intelligence, mocked her spelling and grammar (and that of her family), and cast aspersions on her character, her intentions and her other dealings, on the merest of suspicions, with scanty evidence. Debate over evidence is one thing, but ad hominum attacks are uncalled for.

They have even had a go at Hector Diaz, remarking that ‘maybe his elevator doesn’t go all the way to the top floor’. He has been willing and able to participate in providing valuable info to the proper people, and he comes under attack? Out of line!

I appreciate the value of the Fascination threads, and the good intentions and contributions of many people there. However, this out-of-control nonsense is exactly why many people (including Tippy) didn’t listen to them over Kimmer. The true message gets lost in the ugly noise.

Heidi is the true, deliberate scammer here. Every other player, to some extent, has been duped and used.

The ends do not always justify the means.
We are wading into people’s hopes and dreams and fears and very identity and self-definition. Shame on us if we trample and misuse and exploit that!
Then we are doing to them what Heidi Diaz has already done.
It is wrong to re-victimize the victims, just to make our case!

Now, they can have a go at me, if they like.

 

Kimkins Diet
HoneyBee’s Blog
I Am Not Ready To Make Nice with Kimkins

Where there is smoke there is fire…Especially, when it comes from Kimkins

Tippy has posted that she does in fact have a website called campcarbaway(dot)com and she is excepting members. The odd thing is she didn’t mention her partners in this. Hmmmmm……………… Is Kimkins.com
a distance memory or is it a new domain? Will Kimkins
come forward with any input?
But here is what TT did say-

Tuesday, December 11, 2007

Is There Another New Website?

“There is another new website and it is not the Magic Chicken diet site either. It is a site set up with the intent of providing a home to Kimkins members who may find a need for a new home soon. The site is also open for all dieters and plans. This site does belong to me and is not affiliated or linked with Kimkins site in any way.

If you would like to join this site you must first register and then be approved. Email me at baitingerjeannie@yahoo.com and let me know what user name you chose and who you are.

campcarbaway.com

Peace to all and happy holidays”

-The Kimkins Fraud a Lesson to Online Affiliations and Dieters Alike

A new blogger has entered into the anti-kimkins arena and is warning affiliates how Kimkins can be a lesson to them. Read more about her story here. Kimkins and Other Affiliate Marketing Nightmares

– The New Diet that Even Beats Kimkins Fast Weight Loss. The MM&M Diet!

I decided if Kimmer can devise a weight loss plan based on starvation, well why couldn’t I come up with a new WOE that would incorporate some of her ideas. That is how I came up with MM&M. This stands for Martini, Meat and Meth!

That’s right Girls- this WOE is a valid option! I have a host of celebs who have done the diet but due to medical confidentiality I can’t verify names, but there are several who are recovering from….I mean enjoying this new WOE.
I can’t take all the credit, because I have taken part of the plan M&M, from a diet guru MissM on LCF, but then tweaked it with the Meth. You may find you are tweaking too with the Meth but that is a common side-effect don’t let it bother you, just look at it as more calories burned!
I started doing the Meat and Martini diet and then incorporated the Meth into my work-out program to help me get “ripped” in Bootcamp. I have never had so much energy and everyone tells me “How much I have changed!” They try to get me to be still or to even eat, but they are just jealous of all my weight loss. I have met new friends while during this new WOE and they always call to offer me more meth and support.

Everyone that is doing MM&M don’t let the naysayers get us down…Hey we don’t even let our loved ones detract from our goal of becoming skinny!  Sure, I have had some side-effects but no more than you would on any other diet and those other diets leave you losing maybe a pound a week. Hmmmm…skinny now or a year from now….like all those other gurus try to support. Thank you but I will stick with my MM&M plan and lose a pound to two pounds a day.

You will find when you are into the deep ketosis the dominoes really start to fall a few teeth will too! But the trade off of one’s health is little compared with the reward of being skinny.
When eat (oops Freudian slip)…When it comes down to it you don’t need teeth for 50% of this diet (i.e. martinis) and the meat can be ground up…I mean have you never heard of ground beef…hmmmm…come on this WOE is not rocket science…although, there is some basic bench science needed along with a bunsen burner that will be used to prepare the meth, but it is a straight forward easy plan and that is why I came up with MM&M.

To prove how happy and well adjusted I am while on this program please see my current pic….I am still a work in progress and don’t see me stopping MM&M anytime soon, but you can see what this WOE can do for you!

Yes, there is a little unwanted chin hair but I usually pull that out when I am really anxious and scratching around to occupy myself, so that hair will be gone after my meth workout later tonight at 3 am…besides that I am skinny! So duh, who cares….this WOE is working!

Now of course this is all an attempt at humor in order to drive home the message that skinny by any means is not a sane way to think. The Kimkins diet formulated by Kimmer has many of its users saying, “We don’t care about who Kimmer is or the risks of this diet, we are losing weight.” Of course you are losing weight, starvation tends to have that effect on people.
Losing weight or the number on the weight scale should not be your goal but it should be becoming healthy.

-A Picture is worth a thousand words and if it is a cartoon it can even make you laugh!

“

To view the entire cartoon, which is highly recommended, then use the link below! http://calorielab.com/news/2007/10/23/the-kimmer-komic-heidi-diaz-and-the-kimkins-diet-meet-the-press/

Dr. Mark….I thought I was going to write about Mr. Mark, the new staff member over at kimkins, but I find that I am not in the mood to discuss him. Maybe the next time. I am in the mood to talk about the positive things happening and how we can all work towards getting get justice for the fraudulent actions of Kimmer.

Things have begun to slow down on the forums and the blogs have grown quiet, but the creaking noise in the background are the wheels of justice slowly turning. This means don’t forget to join the pending class action lawsuit by following the steps listed on Jeanessa’s website. She found an outstanding California lawyer to represent the plaintiffs in the case and we thank her for that!

Below are links to the different organizations that you can voice your complaint in the hopes that they will pursue making a case against Kimmer/Kimkins. We all can make a difference.

Sign the petition

http://www.petitiononline.com/kimkins/petition.html

This petition goes to the Federal Trade Commission, Better Business Bureau, and the California Attorney General.

Contact the Federal Trade Commission

http://www.ftc.gov/ftc/cmplanding.shtm

“The FTC enters Internet, telemarketing, identity theft and other fraud-related complaints into Consumer Sentinel®, a secure, online database available to hundreds of civil and criminal law enforcement agencies worldwide.”

Internet Crime Complaint Center

http://www.ic3.gov/complaint/

The IC3 is co-sponsored by the Federal Bureau of Investigation (FBI) and the National White Collar Crime Center (NW3C)

Lawsuit

http://kimkinslawsuit.wordpress.com/

IRS tax fraud

http://www.irs.gov/compliance/enforcement/article/0,,id=106778,00.html

To make a report to the IRS that Heidi Diaz may be committing tax fraud-

BBB

http://www.labbb.org/BBBWeb/Forms/Business/CompanyReportPage_Expository.aspx?CompanyID=100055868
To do a review at the Better Business Bureau.

If you feel that Kimkins/Kimmer/Heidi Diaz has not been truthful in advertising and is dangerous and file a complaint if the situation applies. A review first though.

Office of the Inspector General

http://www.ssa.gov/oig/hotline/

To Report Possible Social Security fraud

Address and Contact Information for Kimkins that is needed for the forms

Kimkins Address-

529 North McKinley Street 104-309

Corona, CA 92879 Phone-(951) 258-3976

-KTLA does Kimkins report #3 and spills the beans on the class action lawsuit-

KTLA did its third installment on the kimkins saga and even discussed the pending class action lawsuit!

View the link here for the video-http://video.ktla.com/global/video/WorldNowASX.asp?playerType=native&os=mac&clipid1=1851883&at1=News&vt1=v&h1=10%2F18+%2D+Ktla+Exposes+%27Kimkins%27+Diet+Scammer&d1=150367&redirUrl=http://www.ktla.com&activePane=info&LaunchPageAdTag=homepage&playerVersion=7

Chip stated that the “KTLA viewers” found the Russian Brides and I find that a disappointment for a couple of reasons:

1) Many LCF members spent countless hours searching the sites and pulling together the information. I may have found only 4 or was it 5 pics….too many pics to recall, but anyway, I still spent many hours searching and keeping the blog updated on LCF. This is not to say I did more than others only an example, because I know many of the peeps there searched daily. So Chip a little let down there, but we will let you slide because you did break the story for others to hear about the Kimkins scam and that will help bring the harm and crimes done by Kimmer/Kimkins to light.

2) I think a really great opportunity was missed because wouldn’t it have been great if Chip would have said, “The breaking news tonight in the Kimkins report is “the BuzzyBee” at LCF found “the Kimmer” in the red dress on the Behappy2day website!” I mean how many times in journalism would one get to say that phrase?!?! 🙂 It is almost like talking in some spy code during WorldWarII.

I want to take a moment to say thank you to all the members at LCF that helped the effort in various ways. WE are still searching for a few more and hope to find “patio chair Kimmer”. I also want to thank LCF and Tom for allowing us to discuss this issue on the boards or we NEVER would have been able to pool all our efforts. They even downloaded the blog software so I could start a blog there to keep everyone up to date and to keep it organized and that is appreciated. THANK YOU!

Tomorrow- Should you call me Dr. HoneyBee?

-Have You Heard the NEWS or Better Yet Seen It??? Kimmer on Cali TV

  

“NO COMMENT”-Was all Kimmer Would Say!!

Tonight was the night to be a night owl my fellow anti-kimkin enthusiasts. Kimmer/Heidi Diaz got owned! You have to see it for yourself. http://ktla.trb.com/news/local/  

What a wonderful night to be on-line!!! Doing the Happy Dance!!!  The Private investigator who got pictures of Heidi Diaz/Kimmer describes how he accomplished this and give us an inside peek to some details regarding Kimmer. Please visit his blog and website to leave a comment of appreciation.

 //allianceagent.blogspot.com/2007/10/private-investigators-notes.html

Tuesday, October 2, 2007

Private Investigator’s Notes: The Surveillance of Southern California Diet Scammer Heidi Diaz of Kimkins

“I have been a private investigator in Riverside County, California for many years and have seen a lot of scams and fraudulent activities throughout those years. This one is quite different in that it has involved thousands of real people so desperate in their search for a “real” diet that works.

During my involvement with this case, I have read so many stories from people that have been hurt by an evil woman with no regard for the feeling or health of real human beings.

Maybe this woman does not feel that she is actually hurting people since she just sits in her apartment all day long typing away at the keyboard.

I began this investigation with a bad address and no other information other than the name of Heidi Kimberly Diaz.

Through investigative techniques, I was able to locate Ms. Diaz’s address. I attempted making contact with her at the front door to positively identify her. No one would come to the door. I looked down and observed a small trash bucket at the front entry door with Kimkins receipts facing up. This was the confirmation I needed that this was indeed the correct address.

During the several days spent on surveillance, I observed Ms. Diaz out of the apartment twice. She was usually seated at a window on her computer. I remember thinking “what a strange woman”, just sitting at the computer all day long creating diet schemes to take money from people who have placed their hopes in her hands to help them lose weight.

I passed by her vehicle one day and noticed a tray of sugar cookies with sprinkles just recently opened and sitting on the passenger seat of her mini van. This from a woman telling other people to eat 500 to 800 calories a day all the while she is taking in much much more than that.

The first day out, Ms. Diaz drove to a local gas station and returned to her residence. She sat inside her vehicle for a half hour while talking on the cell phone. (Probably talking to a customer.) The video was short since Ms. Diaz did not engage in much activity. I was determined to obtain quality photo shots for my client and prepared for continuing surveillance.

Days went by and boredom crept in. I would exit my vehicle to walk through the apartment complex to stretch and get fresh air. While walking passed Ms. Diaz’s apartment unit, I would look up and notice her in the window on the second level of the building. She would look down and smile while seated near at the window, typing away on her computer. I found it strange that a woman would sit at an open window without her wig, being that Heidi is bald.

From time to time, I would notice Brandon, Heidi’s son exit the unit to leave with friends that would not come near the apartment. I figured that either Brandon is not allowed to have friends over or Brandon’s friends would rather not visit inside the apartment unit. Brandon and Heidi were the only two people ever observed entering or departing from the apartment.

The day finally came! Tuesday, August 14, 2007. Heidi finally emerges to depart from the area driving her mini van. The sweet thing that all investigators hope for while on surveillance…movement! I followed Ms. Diaz to a local mail drop where Kimkins customers send their mail. The sweet sweet sound, click click click of the camera as Ms. Diaz exited the vehicle to enter the mail drop. I say sweet sound only because this meant that the final moment had come. The ending of surveillance on a case of such drawn out inactivity. The clicking continued on as Ms. Diaz returned to her vehicle to depart with mail in hand.

She immediately drove to a local Norco bank to, I would assume, deposit fresh checks she had picked up at the mail drop from unknowing victims of deceit and fraud.

After making the deposit, Ms. Diaz drove to a local CVS Pharmacy. I found this a great opportunity to follow Ms. Diaz in with a hidden camera to obtain as much movement as possible just to add the finishing touch to a much anticipated ending.

Ms. Diaz drove home afterward and the sweet sound began again to end the day.

This is the story of how I obtained the video and photos of Heidi Diaz.

I would like to thank Catherine McDonald for her kindness and for the wonderful job she did with our website. I highly recommend Catherine if you are in need of a quality website and great search engine recognition.

Catherine and I have had an ongoing business relationship during the past couple of months and I have never worked with anyone so kind and gracious. She is truly a wonderful person.

Thank you Martin at Slamboard.com for bringing this whole thing together and for the recognition that you provided our business.

I am very impressed with Jeannessa. She has brought together a team of well recognized attorneys and press.

I met with Chip Yost the other day. He is a reporter with KTLA. We interviewed for about an hour. Chip has been really moving on this matter and is leaving no tables unturned. Thank you Chip.

Congratulations to the blogging community for their unwavering determination to bring justice to this matter. What a great bunch of people!”