Kimkins - Proposed Notice of Pendency of Class Action

Note: REPLACED WITH OFFICIAL VERSION 11/1/0/09

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.

Fen Notice

Late Breaking Lawsuit News

A Motion for Summary Judgment has been filed with the Riverside Courts by John Tiedt, attorney for the Plaintiffs in the Class Action Lawsuit pending against Heidi Diaz, founder of Kimkins, a diet site which was established based on fraudulent claims made by Ms. Diaz, namely that she had lost 198 pounds over a 11 month period of time, had maintained that loss for 5 years and was qualified to advise and assist others in mirroring her success. As we know, she supported her claims with fraudulent before and after pictures of both herself and her many claimed success stories. We also know that she did NOT lose 198 pounds in 10 months, or over any period of time, for that matter. She didn't lose 100 pounds. She might have lost 50. There is not 5 years of maintenance, there are no after photos.

A Motion for Summary Judgment basically appeals to the court to save the tax payers the cost of a trial as the admitted facts of the case are clear enough to render a decision. The Motion that John filed is many, many pages long and, as usual, is filled with a plethora of indisputable facts to support the request. A hearing has been set to hear the motion on August 24, 2009 at 8:30 am in Riverside County. The State of California requires an 80 day waiting period before such a hearing to allow the court and all parties involved to properly prepare for the hearing.

This is not simply a routine procedure. In fact, it is rather unusual in a case of this nature. However, John believes strongly that the facts in this case warrant this action. He has proven to us time after time just how strong a case has been built, thanks to the tireless work done by so many people to bring the facts to light.

And the Decision Is ...

We won the Motion for Class Certification! You ROCK, John!

I do hope some of those who so firmly believed that we have no foundation for a lawsuit here will now realize that we are NOT just a bunch of bored housewives...

It's aWonderful Day in the Neighborhood!

Just in from John Tiedt:

All seven of our motions to quash were granted today. Heidi lost. Heidi’s new attorney showed up today and tried to get the court to continue the matter but the judge emphatically denied that request. The court decided to hear all 7 since Mr. Peabody showed up.


Do you hear that noise, Heidi? It's the sound of the other shoe getting ready to drop ...

Hey Heidi - I Hear That Train A Comin'!

Oh, and Heidi .... here is another present just for you ...

The Insider Exclusive video, featuring John Tiedt, Magicsmom, and Heidi Diaz is now up and running ...

Be sure to catch the early show!

INSIDER EXCLUSIVE

Just remember .... when you see the light at the end of the tunnel ... it just might be the train ...

Great Kimkins Lawsuit Update!

Great news! This was just posted on LCF by WildAngel6 (sorry to cross post, but this is so important, I didn't think you'd mind):
"Good News from John!

I just got an email from him saying that we got to keep the Writ of Attachment. He'll have a status letter update for us soon.

Thank you EVERYONE for your prayers, good thoughts and crossed fingers!"

YES!

Happy Easter, Heidi ....