THE DEPOSITION OF HEIDI DIAZ, PART TWO, concluded

DECLARATION OF HEIDI DIAZ FILED WITH MOTION TO SET ASIDE WRIT OF ATTACHMENT

Before signing her declaration, she did not determine whether or not her bank accounts were attached. In paragraph 3 of her declaration, which was attached to the deposition as Exhibit 69, she explained that she had severe family hardship, which means that she could not buy the things she needed to conduct household repairs, purchase earthquake insurance and make car payments. She said her son was sleeping on the floor. However, she admitted that her son was an adult who never had a job and is the only family member currently living at her home. She testified that Brandon Diaz had a broken bed when she moved into the Calhoun home and that despite the fact that she had $1 million in the bank, she did not order a new bed for her son, as it “didn’t occur to her.” Even though she had $1 million in the bank when she purchased the home, she did not purchase earthquake insurance.

She also complained that the writ of attachment interfered with her ability to earn a living because she could not issue refunds to her members and she could not use traditional vendors. However, during the course of her deposition, she cannot confirm a single person who had been terminated as a result of the writ of attachment. She also complained that she did not have medical insurance. She could not apply to Medicare because she makes too much money. Her SSDI benefits were terminated two months prior to part two of her deposition which was taken on January 23, 2008.


FINAL COMMENTS

We have sent out an initial set of written discovery in preparation for our motion for certification. The defendant’s responses were unsatisfactory, and therefore we will send additional discovery and seek further responses. It is our expectation that we will have a Motion for Certification on file within the next 30 days. We will soon be taking the deposition of Delaney Deaver and other former administrators of Kimkins.com.

The District Attorney’s office in San Diego will be reviewing the non-confidential documents of this file. A decision by the California Attorney General’s office concerning criminal prosecution is purportedly pending.



Very truly yours

TIEDT & HURD
John E. Tiedt