Notice of Class Action

Here is the content of the Notice of Class Action Judgement against Heidi Diaz and Kimkins. IF YOU ARE A MEMBER OF THE CLASS YOU NEED TO READ THIS AND FOLLOW THESE INSTRUCTIONS.

A PDF copy of the Judge's decision and order against HEIDI DIAZ and KIMKINS is available. I will send it to anyone/everyone who requests one.




John E. Tiedt [State Bar No. 134667]
Marc S. Hurd [State Bar No. 130667
TIEDT & HURD
980 Montecito Drive, Suite 209
Corona, California 92879
Telephone: (951) 549-9400
Facsimile: (951) 549-9800

Michael Lee Cohen (SBN 206253)
MICHAEL L. COHEN,
Cohen McKeon, LLP
1910 West Sunset Blvd., #440
Los Angeles, CA 90026
Telephone: (213) 413-6400
Facsimile: (213) 403-6405

Attorneys for Plaintiffs

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF RIVERSIDE, RIVERSIDE COURT

JEANESSA FENDERSON; TRISTA ESSEX; KATHLEEN ROGERS; DIANA SHERBY; ANN MARIE WOOD; NANCY MCGREGOR, individually and on behalf of all other similarly situated,

Plaintiffs,

v.

HEIDI DIAZ; KIMKINS, an unknown business entity, and DOES 4 through 100, Inclusive,

Defendants.
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) Case No. RIC 483005

CLASS ACTION

NOTICE OF CLASS ACTION JUDGMENT



[Assigned to Judge Mark E. Johnson, Dept. 5]
Action Filed: October 15, 2007
Trial Date: October 25, 2010

A STATE COURT AUTHORIZED THIS NOTICE. YOU HAVE NOT BEEN SUED.

YOU HAVE RECEIVED THIS NOTICE BECAUSE YOU MIGHT BE ENTITLED TO PARTICIPATE IN THE RECOVERY FROM A CLASS ACTION LAWSUIT AGAINST HEIDI DIAZ AND THE WEB SITE KIMKINS.COM.

THE PURPOSE OF THIS NOTICE IS TO PROVIDE YOU WITH INFORMATION REGARDING THE COURT’S JUDGMENT IN JEANESSA FENDERSON, ET AL. V. HEIDI DIAZ, ET AL, CASE NO. RIC 483005, IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA, RIVERSIDE COUNTY, CALIFORNIA.

YOU MUST ACT PROMPTLY IF YOU WISH TO RECEIVE ANY PORTION OF THIS JUDGMENT.

PLEASE READ THIS NOTICE CAREFULLY.

THE CONTENTS OF THIS NOTICE

WHY SHOULD I READ THIS NOTICE?

The purpose of this notice is to provide you with information regarding the Court’s judgment in Jeanessa Fenderson, et al. v. Heidi Diaz, et al, Case No. RIC 483005, in the Superior Court of the State of California, Riverside County, California. This notice also will provide you with the information you need to determine whether you are a member of the class and to obtain your share of the recovery as a member of the class.

WHY AM I GETTING THIS NOTICE?

You are receiving this notice because you might be a member of the class—that is, someone who purchased a Kimkins.com diet membership on-line from the Kimkins.com Web site from January 1, 2006 through October 15, 2007.

WHAT WAS THIS CASE ABOUT?

This lawsuit was based on the plaintiffs’ claims that Heidi Diaz and her Web site, www.kimkins.com, used unfair, unlawful, or fraudulent business practices to fool them into buying memberships to Kimkins.com. This lawsuit also was based on the plaintiffs’ claims that the false and misleading information contained on the kimkins.com Website constituted fraud or negligent misrepresentation by Diaz and the other defendants.

WHAT IS A “CLASS ACTION”?

A class action is a special type of lawsuit in which one person or a few people bring suit for all members of a similarly situated group to recover money for all members of the group, without each member of the group having to file his or her own lawsuit or appearing in the court. A class member is a person who participates in the class action and will be bound by any judgment or settlement in the case. Class actions may be used by courts when the legal claims and evidence appear to raise issues of law or fact that are common to all members of the class, this making it fair to apply any order, settlement, or judgment in the case to all class members.

WHO WAS INCLUDED IN THE CLASS?

In an order dated 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 www.kimkins.com by the plaintiffs and the members of the class. The Court defined the class 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.



WHAT HAPPENED AT TRIAL?

In late October 2010, the Court held a trial. After hearing and reading evidence presented by both sides, the Court concluded that the defendants had committed unfair, unlawful, and fraudulent acts in violation of California’s Unfair Competition Law, Business and Professions Code § 17200. The Court also concluded that the defendants had engaged in acts of negligent misrepresentation and fraud.

WHAT WAS THE COURT’S JUDGMENT?

On December 17, 2010, the Court entered judgment in favor of the plaintiffs and against the defendants. The Court ordered the defendants to post a notice on www.kimkins.com warning members and potential members that Diaz had used fraudulent and deceptive advertising to sell memberships for her diet plans and diet support system. The Court ordered the defendants to pay restitution to members of the class in the amount of $1,824,210.39, less any amount for memberships paid by members who previously had acted to opt out of the class. The Court also ordered the defendants to pay punitive damages in the amount of $500,000.

WHAT IF I WANT TO READ A COPY OF THE JUDGMENT FOR MYSELF?

You can read a copy of the judgment at Kimkins.com
Kimkinsblog.com
Kimkinslawsuit.com
Kimkinsscam.wordpress.com
Kimkinscontroversy.com
Kimkindangers.blogspot.com
Lowcarbfriends.com
Livinlavidalocarb.com
Kimkinsexposed2.wordpress.com
Saynotokimkins.wordpress.com
Kimkinssurvivors.wordpress.com
Tiedtlaw.com
prudentiablog.blogspot.com
affiliatescams.wurdmess.com
simpledietchoices.com
amyb1569.wordpress.com
kimkinsclassactionlawsuit.blogspot.com
mariasol-mariasol.blogspot.com
kimkinsdiettruth. blogspot.com
2medusa.com
kimkinsdiettruth.wordpress.com
kimkinsdangers.blogspot.com
honeybeesblog.wordpress.com
kimkinsnightmares.blogspot.com
stumblingtobethlehem.blogspot.com
kimtanicwordpress.com
kimorexia.blogspot.com
notmakingnicetokimkins.blogspot.com
thekimkinslie.blogspot.com
livinlocarbandlovinit.blogspot.com
apinchofhealth.com
pinchof.blogspot.com
cindysIowcarblife.blogspot.com
weight-in.blogspot.com
mayberryfan.blogspot.com
dietwhoas. blogspot.com
weighingthefactsblogspot.com
magicsmomsmusings.blogspot.com
the-journey-on.blogspot.com
wifezillasway.blogspot.com
sockittome.info
mariasols.com
campcarbaway.com
eatinglow.com
atkinsdietbuIletinboard.com
examiner.com
helpfindthemissin.org.

WHAT RIGHTS DO I HAVE?

If you purchased a Kimkins.com diet membership on-line from the Kimkins.com Website between January 1, 2006 and October 15, 2007, you may send in a claim for your pro-rated share of the proceeds that the attorneys are able to collect from the defendants. Since we do not yet know how much money the plaintiffs’ attorneys will be able to collect from the defendants, we cannot know at this time how much each member of the class will recover.

If you wish to receive your pro-rated share of these proceeds, you must send in a signed copy of the form provided at the end of this notice. You must send it to the following address:

Mr. John E. Tiedt
Tiedt & Hurd
980 Montecito Drive, Suite 209
Corona, California 92879

To be eligible to receive your share of the recovery, the envelope with your signed form must be postmarked no later than midnight on November 7, 2011. So we urge you to act promptly.

HOW DO THE ATTORNEYS GET PAID? AND WHO PAYS THE COSTS FOR THIS LAWSUIT?

Class counsel—John E. Tiedt, Michael L. Cohen, and Ray Moore—represented the plaintiffs and the class members on a contingency-fee basis. After they have recovered what money they can from the defendants, they will file a request with the court for attorney fees and for reimbursement of the costs that they paid in bringing this lawsuit. The Court then will decide how much to pay them for their fees and how much they will be reimbursed for costs.



WHAT HAPPENS IF THERE IS ANY MONEY LEFT OVER?

By order of the Court, any money recovered that is not paid out to class members, to attorneys for fees, or to reimburse the attorneys for costs will be distributed to the Health Fraud Task Force of California.

WHAT IF I NEED MORE INFORMATION?

If you need more information, 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
Tiedt & Hurd
980 Montecito Drive, Suite 209
Corona, California 92879

Michael L. Cohen
Michael L. Cohen, a PLC
1910 West Sunset Blvd., #440
Los Angeles, California 90026

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.