THE DEPOSITION OF HEIDI DIAZ, PART TWO, continued

She also admitted to lying about representations that she made to members that she had to borrow to buy out her former partner. She also admitted to using the name Brad Johnson with regard to Kimkins.com business. She said that Brad Johnson is actually her little brother that died. She provided the following explanation as to why she uses false names.

Q. “Don't you foresee that by using other people's names, you're giving the false impression that your company is staffed with a number of people rather than just you?”

A. I -- I don't see it that way. I understand what you're saying, but I don't see it that way.”

Q. “When you use false names, aren't you giving the impression that the company is much bigger than it really is, as far as staff?

A. I see it as a creative outlet. I get tired of seeing my own name.

Q. You don't see that as dishonest or deceptive?

A. No.” 2

She contends she never received any complaints of injury from anyone who tried the Kimkins diet. She never reviewed complaints such as irregular heartbeat, hair loss or failure to have menstrual cycles. To her memory, she states that she never received an email concerning a single complaint or injury. She did not collect any adverse event reports.


2 California Penal Code Section 529 states: Every person who falsely personates another in either his private or official capacity, and in such assumed character either: 1. Becomes bail or surety for any party in any proceeding whatever, before any court or officer authorized to take such bail or surety; 2. Verifies, publishes, acknowledges, or proves, in the name of another person, any written instrument, with intent that the same may be recorded, delivered, or used as true; or, 3. Does any other act whereby, if done by the person falsely personated, he might, in any event, become liable to any suit or prosecution, or to pay any sum of money, or to incur any charge, forfeiture, or penalty, or whereby any benefit might accrue to the party personating, or to any other person; is punishable by a fine not exceeding ten thousand dollars ($10,000), or by imprisonment in the state prison, or in a county jail not exceeding one year, or by both such fine and imprisonment.