Tuesday, November 10, 2009

Kimkins Class Action Official Legal Notice





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 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.


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.


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.


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.


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.


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

Thursday, July 2, 2009

Third Time's a Charm?

I am getting a little peeved that SOMEONE has tried to hack my old abandoned weight loss blog 3 times now in the past 8 days.

In most circumstances, I admire determination and persistence. For example, if someone actually intended to lose weight instead of "FAUX Dieting", then persistence would be an excellent commodity.

I guess that when it comes to scheming and conniving, some people really just don't know when (or how) to quit.

Sunday, June 28, 2009

Putting Kimkins on Notice

Kimkins - Proposed Notice of Pendency of Class Action

Regarding the Kimkins Class Action Lawsuit: This is NOT an official notice. This notice is proposed to the court by plaintiffs’ counsel June 26, 2009. If you choose to duplicate this notice on any blog or website, this notice MUST be included.

(Many thanks to Prudentia for originally posting this. I don't know how to make the document images bigger, so you can read the full content on Prudentia's blog here.)

Tuesday, June 23, 2009

Hacking Attempt?

The hits just keep on comin', folks! That's right, someone has made ANOTHER attempt to hijack my other abandoned blog. That is the third try in a little over a week.

Desperate much?

It has been a week since the previous hacking attempt. I just got notification from WordPress that a second attempt by someone else seeking to take over my blog was made today. That is a lot of interest in a 2-and-a-half year old blog with only 3 posts.

-----------------original post-----------------

OK, sometimes coincidences are just coincidences. Sometimes, they are more. Which is which?

A long time ago in a galaxy far far away, I started a WordPress blog to chronicle and hold me accountable for my weight loss. Pretty good idea --- except I couldn't figure out all the ins and out of WordPress at the time and eventually forgot my password. When I decided to renew blogging, it was easier to start all over here on Blogger than to retrace my steps on a barely-begun blog.

Two and a half years passed. I almost forgot I ever had another blog attempt. Then I just now got this email from WordPress (and yes, it is legit --- I checked that already).

Someone has asked to reset the password for the following site and username.


Username: xxxxxx (redacted)

To reset your password visit the following address, otherwise just ignore this email and nothing will happen.

What is up with that? It's not like it was ever a big deal blog. I think I had maybe 3 entries in all, and hardly ever any views. Why would someone want to hijack it?

Who would do that? Anyone have any ideas?

I do.

Friday, June 19, 2009

Quick Summary of the Kimkins Debacle

A 'real life' friend found this blog via a post made elsewhere and left a comment on my previous blog post, knowing nothing of the Kimkins lawsuit. Oh, my --- where to even BEGIN to describe everything that has happened in that strange sage over the last few years?! I attempted to give her a quick rundown within the limits of the 4,096 characters that Blogger allows in a comment. In case other people ask the same in future, I decided to copy my response into its own post. This is that attempt:

As for catching up on the lawsuit: Let me 'splain. No, there is too much. Let me sum up.

An obese but clever sociopathic narcissist gained footage at a popular established low carb diet site, where she claimed to have lost 198 lbs. in a year and to have maintained for 5 years. Her drastic claims and caustic passive-aggressive personality sparked flame wars which ultimately provided excuse to stomp off and open a paid membership site with impressive success stories and before/after photos.

All seemed wonderful at first. People were happy and losing weight. In June, 2007, a magazine featured the diet, 40,000 people joined, and the owner made a million+ dollars in a month. But to validate her marketing claims of "No faster weight loss, none" she pushed lower and lower calories, fasting, and even daily laxative use. People began having problems, for which she ALWAYS had an explanation (usually with a little dig at the complainant.) The gloss began to wear off and the spell was broken.

People questioned things, including photos. When her responses were unsatisfactory, some of us left. Things blew up completely when, about a month later, she was photographed at 300+ lbs, with NO resemblance to her supposed 'after' photos. The site boiled with protest and she summarily banned any "lifetime" members who dared to speak up.

Various online sites and personalities got involved in internet battles. Her supporters wanted to cling to their addictively fast weight loss and the site that enabled it, though many switched sides as evidence emerged.
Her detractors/victims felt used and abused, crushed, betrayed, defrauded, and outraged.

A fiesty woman named Jeanessa stepped up and found a brilliant health-crusading attorney named John Tiedt, who believed in the case enough to take it on contingency.

Discoveries were made which revealed that Heidi Diaz lived in a labyrinthian world of her own making, a convoluted web of deviousness and deception. She never lost any significant amount of weight, even with gastric bypass surgery. Most of her success stories were complete fabrications, with photos stolen from Russian mail-order bride sites.

She has hidden behind false identities, claimed someone else owned the site, spitefully dissipated assets to keep them from her victims, and launched vengeful campaigns, legal and otherwise, against some of the principle witnesses in the case.

She tried to countersue us; the court threw it out. She tried to file bankruptcy to halt the suit; the court threw it out. She has tried threats and intimidation; it backfires.

Meanwhile, John Tiedt and associates have scored victory after victory. John has won unprecedented rulings from the court. The case has been granted class action status, and John has petitioned the court for summary judgment. Since the defendant already admitted under oath in deposition to everything in the suit, we hope the court sees it our way. We should know soon.

. . . I clearly need to tighten up my summaries and use fewer words. But, believe me, this barely scratches the surface.

This story really ought to be a book or movie.

I guess I can add that several televison news shows and newspapers have covered this.

Here is a fuller explanation from Laura Dolson of about.com:
(I might quibble with a couple of minor points, such as when I actually left Kimkins vs. when 'Kimmer" admitted I had left, but this is overall a thorough, well-researched report.)

I hope this helps pull the highlights into one place.j

Tuesday, June 16, 2009

Some People Just Don't Learn

OK, I know I have a lot of blogging to do to catch up. Let's see . . I need to post about:

- weight loss, low carbing, good food, some recent victories in that area, etc. --- the original purpose of this blog

- the Motion for Summary Judgment in the Kimkins case, filed by Tiedt and Cohen --- Go, John and Michael!

- the attempt by someone claiming to be Diaz' attorney Peabody to ask for my personal info via blog comment (as someone named Interested) so he/she/whoever could issue me a Cease and Desist order --- yeah, that's how most attorneys do it.

BUT, then, THIS just happened!

I recently joined Twitter and was trying to get that figured out and set up.
Part of that process allowed me to check my email accounts for contacts there who are already on Twitter.

Check out the first entry on that list:

In case you can't see that, it says:
Leslie Spiegel

I remember getting an email from someone named mommy25boys a while back, at least several months now. It seemed to be from a former Kimkins member who had left, but needed to lose some weight and was thinking about going back. She wanted to know what was going on, what I knew about the whole deal, whether she could do the diet safely, and so on. I remember that it 'felt' a little odd, but I had known someone at the Kimkins site who, as I recall, was Momto5boys, or something like that, so it seemed plausible. (Someone help me out on this one.) I have gotten hundreds of similar emails and private messages at various sites since I left Kimkins (in fact, I got one today on Facebook), so it did not seem unusual, except that I did have a funny feeling about that one. Still, I answered it.

I guarantee I did not see a sender email address of heidi.k.diaz@gmail.com on the email, or I would not even have opened it. Nor did I see the name Leslie Spiegel. I thought Momto5boys was named Marcy.

So, I am wondering if Heidi.K.Diaz hid the correct address somehow, redirected it or something, but Twitter somehow discerned the correct account of origin.

That seems weird and maybe implausible --- but then, everything about this whole situation has been weird and implausible!

Anyway, it would seem that, during the course of this lawsuit, Heidi Diaz emailed me under a false identity to fish for ammunition to use against me.

Heidi/Kimmer/Vanessa/Nicole/Noelle/Jeri/etc./etc./etc. use a false identity? I'm shocked! I thought she swore she has turned over a new leaf and given up her evil ways!

Heidi Diaz come after me? Oh, yeah. This is not nearly the first time she has done mean and dishonest things to get to me. Hmmm . . . so she thinks I should roll over, be quiet, and pull my blog . . . while she pulls stunts like this?

I don't think so.

Monday, June 1, 2009

CPK Cobb Salad for Lunch --- and Dinner!

Yesterday, Donnie and I and one of the sons decided to use these scratch-up coupons from California Pizza Kitchen that had appeared at our house. I remembered having a great garlicky chicken caesar salad there, and figured I would get that, sans croutons.

I also remembered lots of delicious wood-fired pizzas there, too, but I am low-carbing, so those were out! I have learned not even to look at the menu section for things that are off-limits for me, so I contentedly checked out the salad section.

My husband LOVES Cobb salads, and was pleased to see one on the menu. For some reason, at the last minute, I ordered one, too, instead of the planned chicken caesar salad.

WOW! Is that a LOT of food?! I ordered a full salad --- should have gotten the half-salad instead. (Note to Self: When a place offers half-salads, that is a clue that their full salads are too big!)

It was big and jam-packed with plenty of rich items. The CPK menu describes it as:
Chopped lettuce with applewood smoked bacon, fresh avocado, grilled chicken, diced tomatoes, chopped egg, basil and Gorgonzola cheese with our herb ranch dressing or blue cheese dressing. Fresh beets added upon request.

We both got the works, with blue cheese dressing. My DH gave me the avocado from his salad, since he is not a fan of the yummy green stuff. (Something is wrong with that!) I gave him my beets, though I AM a fan of their ruby goodness, since they are somewhat carby for me.

I didn't realize the salad would arrive with the lettuce already tossed with AMPLE dressing. By the time I mixed in all the other goodies, including double avocado, it was a pretty creamy salad, more like cold creamy soup with lettuce mixed in than like crisp fresh salad greens with a bit a dressing.

Don't get me wrong --- I liked it! It was pretty heavy though. Online sources put it at 585 calories and 10 net carbs, which is well within my daily target, but just more than I normally have for a lunch.

I would have preferred that the dressing not be mixed in already; if I order this again, I will ask for that. That way, I could still get a whole salad, which is a better bargain than a half-salad, yet the half I take home would not get soggy.

Maybe I'll just save the heavy salads for hungrier days.

Anyway, we had a pleasant meal, good conversation, and enough leftover Cobb salad for my dinner, all at 10% off.

Friday, May 29, 2009

Is Losing Weight Easier in the Summer?

Here it is, another perfect day in May, and I am doing GREAT at sticking with my eating plan and exercise routine.

A few months ago, I was struggling, at best. What's the difference?

For me, I wonder if it is the sunshine that puts me in a more optimistic frame of mind. I feel like the whole world is hopeful on a pretty summer day, and anything is possible.

Maybe it is just that I'm outdoors more, and more physically active.
I work in the garden, take the dogs for longer walks, generally move a lot more.
That makes me feel more like taking care of my body.

Maybe it is that I shed chilly-weather garments, and become more conscious of what has been lurking underneath the layers.
THERE'S motivation enough for anyone!

Whatever the reason, I am glad to be "in the zone" again, and intend to make the most of the summer advantage.

So, does anyone else have the same experience?

Wednesday, May 20, 2009

We've Got Class!

Results are in! Once again, the court quickly certified the case against Kimkins as worthy of Class Action status.

As always, John Tiedt rocks!

Apparently, Mr. Peabody's arguments didn't impress much.

Then again, how could ANYONE defend what Heidi Diaz has done? She did what she did, repeatedly, flagrantly, and has already admitted to the entire basis of the suit against her under oath during deposition testimony.

So now, officially, she is being sued not by a mere handful of individuals, as she has claimed, but by about 40,000 defrauded customers.

It's ON!

Court Hearing in Process NOW!

I haven't posted here or been online much in a while after all --- long story.

But I have access to a computer this morning, and had to hop on quickly to say that the motion to certify the lawsuit against Kimkins/Diaz as a Class Action should be underway NOW.

Many people have put enormous effort for countless hours into this, wanting to see Heidi Diaz held accountable for defrauding them. Attorney John Tiedt has valiantly done some amazing work, all without recompense so far.

Here's hoping the court sees things clearly, and certifies the case for class action today (AGAIN).

The best outcome would be if Heidi Diaz is NOT allowed to prosper for her lying, cheating, and fraud, but instead her ill-gotten gain goes to recompense the people she traded on, and especially to John Tiedt for his efforts to champion her victims.

Saturday, April 11, 2009

When Social Networking is Social Contagion

OK. Those of us who have been part of the Kimkins saga have come to expect the unexpected. Once we got over the staggering shock of her shadiness and the depth of her duplicity, we came to see that Heidi Diaz simply knows no shame.

I think she really does believe her own stories.
I think that, in her own Etch-a-Sketch way of thinking, she has shaken the screen of her mind to erase and redraw the beginnings of Kimkins, so that all those years of painstakingly crafted and vociferously protected lies were just a tiny well-meaning marketing blunder from "just a housewife" with no business experience.

From her revisionist viewpoint, she was only trying to help poor fat people when she was viciously betrayed by a sinister cabal of jealous and greedy ingrates. Simultaneously, though, she considers herself a shrewdly superior businesswoman who will outsmart and outlast us all.

I'll say this much for her --- she's tenacious!

Most of us would have crawled away in mortification or just plain old good sense long ago. Not her! She has bluffed, blustered, barefaced lied, blogged, blamed everybody but herself, battled in court, and now she is blasting all the social media trying to trump up new business for as few bucks as possible.

She has had blogs on and off, as herself and under other identities, for some time now. She had her Kimkins newsletter, too.

She spammed Craigslist and Freecycle pretending to be a bunch of different people in a bunch of different towns.

She spammed Yahoo!Answers and Ask.com under different guises to plug Kimkins.

She plugged Kimkins at other kinds of forums under different names, too.

She wrote pro-Kimkins puff pieces under her own name for viral article sites. I guess she has been learning about branding.

Then, with action at Kimkins dropping to almost nil, she started beating the bushes by sending past and present newsletters out to what seems like everyone who had EVER been on her mailing list, including many she has already banned from her site. I get them. My husband gets them. He never even joined Kimkins. We've both unsubscribed --- it doesn't matter. We still get them.

Then she must have signed up for a course in marketing via social media or something. She has dabbled in MySpace before, but this time she seems seriously determined.

She's all over MySpace. *yawn*

Then, she invited me to add her as a friend on Facebook and join her new Kimkins group.
*Yes, me --- you know, one of the ones she tried to sue for a million dollars a few months ago? Right!*
No way! Stay outta my Facebook, lady!

Yesterday, she sent an email saying she was following me on Twitter.
*So, you know, follow her back by clicking on the button? Sure, like that is going to happen!*
Please, lady, back off! Don't follow me on Twitter, or anywhere else for that matter.

So, tonight, my HUSBAND gets a LinkedIn notice that Heidi Diaz has joined LinkedIn and is looking to make connections.

Heidi Diaz

Owner, Kimkins

Greater Los Angeles Area
Health, Wellness and Fitness


* Owner at Kimkins


7 connections

* My Website
* My Blog
* My Blog

Public Profile


Interested In

* consulting offers
* new ventures
* job inquiries
* expertise requests
* business deals
* reference requests
* getting back in touch

Somehow, that was the last straw for my husband. He reported her avatar to LinkedIn as misrepresentation, and told them to do a Google search about the Kimkins law suit.

Yep, she's tenacious!

Thursday, April 9, 2009


As an former San Diegan, I miss In-N-Out Burger. *sigh*

Here in Texas, I've tried Sonic and Steak 'n Shake, which are probably fine establishments in their own right (or not), but nothing has come close to In-N-Out to me. Especially on a low carb diet, (or any kind of diet, for that matter), the breaded and fried fare at Sonic or the larger-than-life menu illustrations of mega-deluxe milkshakes at Steak 'n Shake are just about deal-breakers that make those difficult places to dine wisely.

This week I tried something that almost --- but not quite --- comes close. Mooyah is a small local chain that seems directly modeled after In-N-Out. Same concept of a small menu of burgers, fries, shakes, and soft drinks; same emphasis on fresh beef and hand cut fries; even the same red and white color scheme.

On the plus side, Mooyah offers a bigger list of condiments to add for free to customize your sandwich. They offer a choice of American, cheddar, or swiss cheese, and also have whole wheat buns for the asking. The atmosphere when we were there seemed calmer and friendlier than In-N-Out, and the service was speedy.

What I went for was the very aptly-named Iceburger, which is the burger of your choice nicely done up in a generous wrapping of cool crisp iceburg lettuce leaves instead of a bun. In-N-Out offers this under the prosaic label of "Protein Style" on their 'secret' menu, but I think Mooyah may do a better job with the lettuce wrapper, and the name is more clever. (In my opinion, this may be the world's only legitimate use for iceburg lettuce.)

On the negative side, Mooyah costs more than I remember paying at In-N-Out. The thing that really aggravated me, though, is that they do not list or publish any nutrition info that I could find. They do not make it easy to know exactly how many calories, carbs, fat, sodium, sugar, points, or anything people on various diets or with certain health issues might want or need to track. That seems pretty backwards to me.

Plus, well, it's just not In-N-Out.

Nice enough, though --- I'll be back.

Thursday, April 2, 2009

Back At It

I guess it's time for me to get back to my blog in some fashion, so this is a post just to get me back in the groove.

I started this as a weight loss blog, mostly menus and recipes, along with some observations about my discoveries along my journey. I had never quite reached the goal I had set for myself, which may have been an unrealistic one for me anyway, but I looked and felt pretty good, and just needed to shape up and rearrange things more than I needed to lose much more weight.

Then the Kimkins bubble burst, and dominated my life for a long time. Too long, really, but such is the way of the legal system.

For me, it was never about "getting Kimmer", at least not in the sense of revenge, though I am not sure I will ever "get" her in the sense of understanding her. I am still amazed by her utter gall, her callous disregard of others, and her complete disdain for the truth. It is as if pesky minor things like reality, morality, and authority are there for timid little mortals to obey and superior beings such as Herself to either ignore or twist to their advantage. I think that the part of the human soul that houses natural affection and conscious is missing or broken in her. It seems her heart is without feeling for others and full of regard for herself. Whether one calls that sociopathic or reprobate, I don't know. I just know she is not 'normal', as she herself admitted in email to some of us as well as under oath in deposition, when she said she just doesn't think like other people do. Truer words were seldom spoken --- at least not by her!

Anyway, when I began to realize she was . . . well, whatever she is, I was hurt, confused, angry, ashamed, afraid, bewildered, all of that and more, for how she had lied to all of us, including me, and used me to deceive and possibly harm others. It was a lot to sort out and process through, and it weighed heavily on me. I wanted to understand, to uncover the truth, and to reach out to those still at Kimkins with what I was finding out. I made it my mission to try to undo the harm I had done, to UNsupport Heidi Diaz and Kimkins with as much energy as I had supported it before. I had been placed in a position of responsibility, and I wanted people who had trusted me to hear from me that I was wrong, that "Kimmer" was a fraud, and that the diet had no safeguards built in and was harming people.

I knew and cared for the people at Kimkins. I respected them, understood them, shared their hopes and dreams and fears. As I spoke out in various ways, a great many heard and received what I had to say, and many left Kimkins, and some started blogging and being activists against Kimkins.

It was a crazy time with lots of strong personalities involved, and emotions ran high. I vehemently disagreed with the approach some anti-Kimkins people were taking, considering it counterproductive to getting people out of Kimkins, as well as just plain wrong, and said so, poorly. For my frustrated criticism, I was slammed, slandered, and mocked severely, like someone had declared it open hunting season on Becky. I don't suppose there is much point in rehashing all that now, though I desperately wanted to defend myself at the time. It really hurt to read so many mean and false things about myself, with mistaken timelines, miscribed motives, misdirected suspicions, and a lot of maliciousness. The whole thing created a rift in the anti-Kimkins movement, and a lot of people dropped out of posting and blogging after that. I acknowledged my error, took my medicine, kept my mouth shut, and dropped out of the public eye pretty much, in hopes that things would settle down and move forward. I felt that my reputation and credibility had been undermined too much for me to continue to speak out effectively to the people of Kimkins. Too bad --- I had lined up some good stuff for my blog before this happened. Since then, I have blogged only a few times, mostly when John Tiedt has called with important news for public distribution. I did feel regret that Heidi Diaz might think that her stupid counter-suit silenced me, when it really just made me want to say even more, but our own side had already shut me out and shut me up before that. It eventually got to the point where I felt as if every word I posted anywhere was so scrutinized that I just gave up posting online altogether.

I am an open person; I have not lived a secret life. I have been well known in real life by hundreds, actually thousands of people, many for decades, and am liked by most of them, respected by many. I am flawed, sometimes foolish, but well-intentioned, caring, and honest. I took comfort in realizing that the people who REALLY knew me didn't believe the accusations about me. I heard from many who were completely supportive of me and upset by some of the tactics of a few outspoken anti-Kimkins forces, but were afraid to speak out, lest they be the next target. I also took comfort in assurances that those most deeply in the know about the Kimkins case, including John Tiedt, knew every detail about everything, and still believed in me and trusted me.

It was rough being targeted by Heidi Diaz, having her lie about me to her members and slander me in her fakey blogs, having her admins dig up every post I ever made anywhere, having her try to sue me for a million dollars. With good reason, I believed her to be dangerous and capable of almost anything. It hung over me all day every day as I was working to undo Kimkins and helping to build the case against her, knowing I could be called to testify against her in court, and that attacking me and my credibility during cross-ex was her likeliest tactic. Having some of the anti-Kimkins people also attack me and accuse me was even rougher. It not only stung, it also curtailed my effectiveness and had the potential to undercut my credibility in court.

The odd thing I found most disconcerting is that both Heidi Diaz and those leading the attack on me (and also on some of my good friends) went out of their ways to target Christians and to mock us for our Christian faith. In fact, many of the people in the big middle of this who got slammed by both sides ARE Christians. I have to wonder --- Why? What drives that? Why all the scorn and anger? Speaking for myself, I feel like I did not go around preaching my faith to everyone everywhere, and I did not claim to be perfect; however, my beliefs shape who I am and how I think and what I say and do, and I certainly am not ashamed of and will not deny being a Christian. Why was that even made an issue?

Over the last 15 months or so since then, I have seen more than a few anti-Kimkins people attacked by other anti-Kimkins people. I have seen good people who had been valuable and effective allies completely silenced by infighting. I have seen things splinter and then splinter again into factions and eventually almost peter out. That is a pity for those driven apart or offline or underground, who have lost the comraderie they once enjoyed, and also a shame in the fight to keep anti-Kimkins info out in front of the public. Our loss --- Heidi's gain.

In the end, though I do not suppose the people involved meant it for good, I am thankful for the harsh attacks on me, because they helped me examine my heart, repent of my wrong focus, and redirect my priorities. I placed what I had been doing in the Kimkins case into more capable hands. It turned out to be a good thing for me. I have a sweet and rich life, happy and fulfilled and full of wonderful friends and family.

Like many people, I gained a little weight when I left Kimkins, mainly because I was freaked out and didn't know what to do. It bothered me a little but it wasn't too bad. I stepped up the exercise, stated drinking more water (you know, all the things Kimkins told us we didn't need) and I was doing fine. Then, due to muscle weakening, I had surgery in October, and my recovery did not go as well as expected. It's no big deal, and I am returning to full function finally, but between the starchy diet I had to follow at first, plus the meds, plus the limited mobility, I regained some more weight. I am still not nearly as big as I once was, thank God. but I have no intention of remaining this big, now that I can return to exercising.

So, I may return to blogging about life and weight loss again, as I originally intended, since I need to lose this regained flab.

I may even, from time to time, blog about the Kimkins mess, for two reasons:
1) I am in this until the end, whether I want to be or not; I cannot walk away yet.
2) The world still needs to know to Say NO to Kimkins.

Saturday, March 28, 2009

Heidi Diaz Bankruptcy Dissed and Dismissed

John Tiedt called with some fabulous news! Once again, Heidi Diaz has lost in court --- not just lost, but lost RESOUNDINGLY! The court not only emphatically dismissed her motion for bankruptcy, but also, acting on its own accord, the court forbade her from filing for bankruptcy again for 180 days.

That's a little like being paddled in public by the judge.

This seems to be the pattern with her legal troubles lately, doesn't it? One wonders if she is getting nervous about the way these rulings have gone against her time and time and time again. Frankly, things don't look likely to turn around for her any time soon, either, so she might as well get used to losing --- her legal battles, anyway. Ah, well, she can't say she was not warned.

In the eyes of many, Diaz' bankruptcy proceedings were the latest in a series of ploys to forestall the civil case against her. After all, she filed it mere days before the hearing to grant class action status to the suit against her. Think about it: she hid and then denied her identity; she tried to evade service of subpoena; she filed demurrers to get the case against her dismissed as being without merit (though the court obviously disagreed!); she resisted and failed to fully cooperate with the process of legal discovery; and then, her coup de gras, she filed a countersuit/SLAPP suit (malicious prosecution) to silence and punish her special foes (a group of which I am apparently a member). Each effort bought her time to work her shenanigans by diverting John Tiedt's time and effort from the primary case against her to deal with these distractions. The SLAPP suit bought her time for the bankruptcy filing, and the bankruptcy bought her time against class action.

Both of her latest tactics had the potential added benefit, had the court not quickly seen through her scams, of allowing her to line her pockets with the hard-earned money of others. From all accounts, considering her decades-long history as a con artist, her prior felony conviction, her documented instances of tax fraud (at federal, state and local levels) her admitted Social Security fraud, her several previous bankruptcies, etc., etc., etc., trying to get over on other people's money is her long-standing pattern. It's 'how she rolls'.

Both delays also had the effect of buying time for her to try to keep the Kimkins machinery cranking out money while she and her sons tried to start up other diets sites, like her ill-conceived Miracle Lemonade crashdiet/detox/fasting site or her knock-off Simple Choices diet site.

One thing is obvious ---- for someone supposedly on the brink of bankruptcy, Ms. Diaz has managed to continue spending some significant money on massive advertising! She must have resources she failed to mention in her motion for bankruptcy. In fact, in spite of all her disingenuous claims to have "corrected" her evil ways, Ms. Diaz continues to lie, even to the extent of perjuring herself in her legal filings in federal court.

Perhaps that is why Ms. Diaz and her lawyer did not fight the bankruptcy proceedings any harder than she did. After all, every time she had to make a statement under oath or produce more documentation of her financial history, she dug herself in deeper and deeper. A civil proceeding is one thing, but crimes against the government (via tax fraud and Social Security fraud, at the least) are quite different matters altogether.

High praises go to Scott Clarkson and his team, whom John Tiedt brought in to refute Diaz' bankruptcy claims. Clarkson is one of the very top-tier bankruptcy attorneys in practice, whose knowledge and expertise were invaluable in defeating Diaz' phony bankruptcy case. Scott Clarkson is a legal genius who completely outclassed the opposition. Way to go!

John Tiedt and team also benefitted from inspired and untiring aid by some behind-the-scenes legal sleuths who are amazingly gifted at ferreting out the truth behind Ms. Diaz' lies. (You know who you are. Thanks for what you do!)

John Tiedt has worked tirelessly and in a principled manner to bring this case to the best possible conclusion. He has been busy already with all the hearings, depositions, and document production these proceedings have required. Now he will be even more busy for a time, pressing his current legal advantage to move the civil suit rapidly forward now that the bankruptcy is out of the way. One expects he will press hard for immediate class action certification, quick judgment in favor of the plaintiffs, and expeditious disposition of the defendants' assets. Go, John! You rock! Have a great time celebrating this victory!

The civil matter should be resolved soon. We may shortly see criminal charges follow.

It's a bad day for Heidi Diaz, but a very good day for justice!