Kimorexia

Another Forum Option

2009-11-20T13:07:00.001-08:00

Here's another free forum for people unhappy with their current forum:
http://magicbus.myfreeforum.org/index.php

I'm not familiar with it, but it looks busier than the other one I posted. Feel free to share a review!

For ZCers looking for other resources...

2009-11-19T19:12:00.000-08:00

I just found a free forum here:
http://activenocarber.myfreeforum.org/

I am not a member there and have not checked it out, but it does appear to be somewhat active. I'm sure a few new members would help liven things up even more. Would anyone care to provide a review of the site?

If you are aware of other zero carb sites you would like to promote, feel free to leave a comment here.

ZIOH Members!

2009-11-11T12:39:00.000-08:00

This is in reference to a zero carb online diet forum.

ZIOH members, don’t you see how you are being treated? You deserve so much better!

I’ll paraphrase the stuff the forum ‘master’ has been saying to you:

* Post only successes, never failures – if you’re failing you’re not on plan.
* Don’t ask questions.
* You have nothing to offer.
* But write prolifically in your journal – except it’s not YOUR journal, it’s mine. I’ll edit anything I don’t care for.
* Speak when spoken to.
* Don’t object when abuse is heaped on you.
* Don’t step in when you see a fellow member being abused.
* Give respect but don’t expect it.
* Be subservient.
* Accept emotional abuse.
* Accept verbal abuse.
* Mind your place.
* Don’t quote when you reply.
* Don’t chatter.
* Don’t encourage each other.
* Don’t ask for support.
* Post only successes.
* My way or get out.
* My way or I’ll throw you out.
* “We” want… “We” want… To hell with what you want.
* I don’t care what you have to say.
* You have no value.
* Don't talk about exercise.
* Don't question the rules.
* Don't ask for clarification on the rules.
* Months of explosive diarrhea doesn't mean the diet isn't optimal!
* Ignore the massive muscle cramping and hair loss. Remember, you have never felt better, and don't tell me otherwise!

Who does he think he is?

Some of you who are tolerating this crap were absolutely shocked & appalled when LCF would step in and enforce their terms of service. Some of you were abused similarly by Heidi Diaz, and thoroughly denounced her as well. Small potatoes compared to this! So why do you tolerate this? Don’t you see that this forum ‘master’ is eventually going to turn on YOU? Yet keep all your content, all your journals, all your posts, as his property. He’s made that very clear.

WHY do you stay when you’re being treated so rudely? Have some self-respect! Take a little control! Would you EVER – EVER – let anyone in your real life treat you this way?

This ‘man’ does not have the corner on the market for zc, ultra low carb, or any other diet OR in the support forums. If you can’t find one you like, work together and create one. There are a lot of free forum hosting sites and message boards out there. Most are simple to use. Create a forum, make it private or public, and create your own rules. Frankly, HIS rules reflect his true nature as an unstable domineering jerk.

Please, please find a safer place to be!

Edited to add:

SUSAN and KATELYN, are you really going to let Suzanne do that to you? Do you really want to hang out at a forum where the master allows - no, encourages - forum admins to treat people like that? In fact, he'll probably be arriving shortly to join the dog pile. You both deserve better.

KELLY, you have been told you aren't good enough but are welcome to reapply when you are. You deserve better.

LAURIE, I guess you're proof that Charles will turn on anyone. Even people who have helped him build his forum. Are you going to take that? You deserve better.

BRUNO, you're an adult. Expect to be treated like one. You're treated to details about Charles' sex life, but you can't choose to write something about your family in your own journal. Ridiculous. You deserve better.

Copy of Official Notice of Pendency of Class Notice

2009-11-10T13:32:00.000-08:00

NOTICE OF PENDENCY OF CLASS ACTION

TO: EVERYONE WHO PURCHASED A MEMBERSHIP TO KIMKINS.COM THROUGH THE KIMKINS.COM WEB SITE (www.kimkins.com) FROM JANUARY 1, 2006 TO OCTOBER 15, 2007

PLEASE READ THIS NOTICE CAREFULLY. YOUR RIGHTS MAY BE AFFECTED BY A CLASS-ACTION LAWSUIT THAT IS CURRENTLY PENDING IN RIVERSIDE COUNTY SUPERIOR COURT, IN RIVERSIDE, CALILFORNIA.

INTRODUCTION

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 LITIGATION

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.

THE COURT’S CLASS-CERTIFICATION ORDER

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.

THE COURT HAS NOT EXPRESSED ANY OPINIONSREGARDING THE MERITS OF THE PLAINTIFFS’ CLAIMS

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.

INSTRUCTIONS TO CLASS MEMBERS

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.

OPT OUT OF CLASS ACTION LAWSUIT

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.

WHERE TO GO & WHOM TO CONTACTSHOULD YOU NEED MORE INFORMATION

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

Minutes from yesterday's Kimkins lawsuit hearing

2009-10-30T06:24:00.001-07:00

COURTS SUBSEQUENT RULING ON 10/27/09 @ 08:30 FOR DEPARTMENT 05 10/27/2009 - 8:30 AM DEPT. 05
HONORABLE MARK E JOHNSON, PRESIDING
CLERK: M. MARTINEZ
COURT REPORTER: NONE
COURT SUBSEQUENTLY RULES:
ORDER REGARDING CLASS NOTICE: THE COURT FINDS THAT CLASS MEMBERS SHOULD BE
ALLOWED TO OPT OUT IN CONNECTION WITH THE CLASS ACTION CERTIFIED IN THE ABOVE ENTITLED ACTION.
THE CLASS ACTION WAS NOT CERTIFIED FOR THE PERSONAL INJURY CLAIMS ALLEGED BY CLASS
PLAINTIFFS. FAILURE TO ALLOW CLASS MEMBERS TO OPT OUT OF THE ACTION MAY IMPAIR OR ELIMINATE
POTENTIAL PERSONAL INJURY CLAIMS BECAUSE A JUDGMENT IN THIS ACTION COULD BAR RECOVERY IN
ANY LATER PERSONAL INJURY ACTIONS BROUGHT BY CLASS MEMBERS AGAINST DEFENDANTS. (SEE HICKS V.
KAUFMAN & BROAD (2001) 89 CAL.APP.4TH 908 924-925.)
THUS, IT APPEARS THAT THE OPPORTUNITY TO OPT OUT OF THIS CLASS ACTION IS NECESSARY. (SEE
PHILLIPS PETROLEUM CO. V. SHUFFS (1985) 472 U.S. 797, 811-812.) ACCORDINGLY, PLAINTIFFS PROPOSED
CLASS NOTICE NEEDS A STATEMENT WHICH GIVES POTENTIAL CLASS MEMBERS WHO MAY HAVE SUFFERED
PERSONAL INJURIES AN APPROPRIATE CAVEAT REGARDING POTENTIAL PERSONAL INJURY CLAIMS,
PROVIDES THE OPPORTUNITY TO OPT OUT, AND PROVIDES A PROCEDURE FOR OPTING OUT. (SEE
CHAVEZ V. NETFLIX (2008) 162 CAL.APP.4TH 43, 57.)
IN ADDITION, PLAINTIFFS SUBMISSION DOES NOT EXPLAIN WHY CLASS NOTICE CANNOT BETTER BE
PROVIDED THROUGH DEFENDANTS OWN WEBSITE TO ALL PERSONS WHO SIGNED UP THROUGH THE WEBSITE.
ACCORDINGLY, THE COURT ORDERS THAT CLASS NOTICE SHALL BE PROVIDED THROUGH DEFENDANTS WEBSITE.
THE COURT MAKES THIS DECISION BECAUSE THE LAWSUIT HAS ALREADY BEEN REFERENCED ON THE
KIMKINS WEBSITE. THE NOTICE MAY BE THROUGH A LINK ON THE WEBSITE WHICH LEADS TO THE CLASS
NOTICE.
FINALLY, ALL REFERENCES TO THE "PENDING MOTION FOR SUMMARY JUDGMENT" SHALL BE REMOVED FROM THE
CLASS NOTICE.
NOTICE TO BE GIVEN BY COURT
CLERK'S CERTIFICATE OF MAILING RE: SUBSEQUENT RULING
NOTICE SENT TO MICHAEL L COHEN A PROFESSIONALLAW CORP ON 10/27/09
NOTICE SENT TO MOORE WINTER MCLENNAN LLP ON 10/27/09
NOTICE SENT TO TIEDT & HURD ON 10/27/09
NOTICE SENT TO LAW OFFICE OF TIMOTHY P PEABODY ON 10/27/09
NOTICE SENT TO LAW OFFICES OF COTTLE & KEMP ON 10/27/09
NOTICE SENT TO COTTLE & KEEN ON 10/27/09

Oh my gosh, my day has totally been made!

2009-10-29T13:29:00.001-07:00

So in court today, the Judge approved the opt-out notice. Another step toward getting this thing wrapped up. The opt-out notice is for people who want to opt out of the class action lawsuit in case they want to sue her individually for personal injury, etc. The notice will have to be posted on the Kimkins website(!) as well as any other sites that want to post it. All good.

But it got so much better when Heidi Diaz' attorney decided to try to intimidate John in the hallway after the hearing and made a fool of himself in front of plenty of witnesses! Not just once... but twice! Apparently after the first time, he didn't cool off but decided to come back for more once they were outside! Ohhhhh how I wish I could have seen John handle him like a pro!

Today's Kimkins spam...

2009-10-27T08:36:00.001-07:00

It's so odd to me that the Kimkins spam keeps pouring out, despite this week's court hearing to work out the details for the opt-out process for the class action lawsuit. This lawsuit IS going forward. If Heidi Diaz recruits new members now, knowing the viability of diet scam site is in serious jeopardy, will these new clients have any recourse?

I'm also really surprised that SingingLass / Delaney continues to let Heidi Diaz profit from her success story & photos. Has she continued toward her weight loss goals? Does she still consider Kimkins a sustainable diet? Hard to say, as the last time I heard there were no signs of her at Kimkins. Does she resent having been terribly used by Heidi Diaz? I really don't understand the loyalty - or fear? - that has kept Delaney from turning her back on Heidi and slamming the door.

Do new members wonder why the success stories aren't at Kimkins? If I joined the site after seeing in a promotion that Delaney had lost 130+ pounds at Kimkins, I'd really expect to see here there, wouldn't you?

Court Update

2009-10-15T13:43:00.000-07:00

Mariasol has an update on the court hearing here:
http://mariasol-mariasol.blogspot.com/2009/10/kimkins-court-hearing.html

Today's the big day! (Again!)

2009-10-15T04:14:00.001-07:00

Today is the hearing for the Kimkins class action lawsuit motion for summary judgment (again!). Here's hoping there are no more delays! Don't laugh at me. I'm allowed to hope!

I'm starting to see why so many companies get away with fraudulent marketing. It takes a lot of endurance to put a stop to it! I still get irritated every time I see a copy of Woman's World magazine on the rack! Maybe I should do like Kate Gosselyn does and turn them around while I stand in line waiting to check out, LOL!

Kimmer says "Weight Loss Without Exercise! Yes!"

2009-10-14T08:19:00.000-07:00

More Kimkins spam today.

This woman:

Says this:

With Kimkins you take a thermogenic fat melting short cut! You can lose faster than the 3,500 calories = 1 mile (she means pound) rule. Kimkins is low carb and low fat which means quick weight loss! Love working out? Great! You'll speed things up even more -- but non-exercisers lose quick, too.

It's simply incredible that she keeps charging money to give diet advice. Here's hoping that TOMORROW'S big court date (Kimkins class action lawsuit motion for summary judgment hearing) is a big step forward!

Breast Cancer Site 7th Annual Pink Ribbon Challenge

2009-10-12T13:56:00.000-07:00

Just click once daily for a free $1 donation towards a mammogram. It costs you nothing! This years challenge, for Breast Cancer Awareness month, is to get enough clicks to fund 500 mammograms. Remember to click every day, especially this month! While you're there, click on each tab across the top of the page to get to other sites you can give donations to just by clicking a button.

Will you take the 1-2 pounds a week, or what's behind door #2?

2009-10-06T06:52:00.000-07:00

In this morning's issue of Kimkins spam, which I am getting a ton of this week, Heidi Diaz gives readers something to ponder. She starts out with an appeal to heavier dieters, trying to whisper to their special needs to lure them to her site:

Losing weight is different when you're morbidly obese. That "lose 1-2 pound a week" advice is meaningless to very overweight people.

1-2 pounds a week is not meaningless at all. In fact, if she'd followed a good and healthy weight management plan instead of her hazardous Kimkins yo yo diet plan for the years that she lied about who she is and what she's selling, she'd be at her goal weight instead of hiding from cameras and process servers. She'd have something to be proud of, and maybe even have a successful and marketable forum. What the heck does she know about helping very obese people get permanently thinner and healthier?

Nothing. That's what she knows. Are you buying?

Russian Brides: East meets west meets cheap

2009-10-02T13:33:00.000-07:00

At least this guy knows what he's getting before he decides to pay.

How's that workin' for ya?

2009-09-30T07:25:00.001-07:00

Here's the kind of diet advice you can expect from Kimkins diet founder Heidi Diaz.

While giving this advice, she swore for years that this is her (this is the Russian bride model she photonapped):

But really the woman making people sick with her hazardous diet advice looks like this (deposition photo):

And she has the nerve to ask ''How's that workin' for ya?'

I saw this and immediately thought of Kimkins!

2009-09-14T09:08:00.000-07:00

The 15 Most Shameless Fake Photos Ever Passed Off as Real

I bet the pictures of Heidi and some of her success "stories" could compete with these any day!

The motion for summary judgment was NOT denied!

2009-09-10T06:41:00.000-07:00

Here's the proof:

Say No to Kimkins: Heidi Can't Handle The Truth

Copy of court document

Looks like Heidi Diaz' loose relationship with the truth continues.

Delayed But Not Deterred!

2009-08-24T11:33:00.000-07:00

Today's hearing didn't end like we'd hoped. My understanding is that this matter has been continued to October 15. I'll post links to what happened today as soon as the facts are known.

Will Kimkins Founder Heidi Diaz Face the Music Today?

2009-08-24T07:25:00.000-07:00

As I'm writing this, the big court hearing is about one hour away. During the discovery phase, huge volumes of evidence of fraudulent marketing for the Kimkins diet were compiled. Heidi Diaz' lies are carefully documented, including some big fat confessions when it became impossible to maintain the lies. This evidence took a couple of years to compile, by dozens of dedicated volunteers outraged at the deception (not to mention the dangerous diet itself). This evidence was pretty hard to find, thanks to the lies about lies about lies!

So much evidence was collected that now there is a motion for summary judgment to be evaluated in court today. Basically it says that there is so much evidence that it would be best to quit belaboring this thing and just get to the conclusion right away. I do hope that the judge rules in our favor! If he doesn’t, that certainly doesn’t signify defeat. It will just mean we need to continue being patient.

So many people have been hurt by this woman, and financially she benefited significantly from her lies and bullying and 'mistakes'. From my perspective, they were not mistakes but were calculated decisions made for only her own benefit. It's time for that to stop!

Thanks to everyone involved in this fight!

Here's the first news story I've found about today's court action:
Guru Sued for Alleged Diet Scam

Countdown To Kimkins Summary Judgment Hearing

2009-08-19T08:33:00.000-07:00

Big court date for Kimkins coming up!

It's August and the Heat is ON!

2009-08-04T09:17:00.000-07:00

Upcoming Kimkins court action:

08/24/2009 8:30 AM DEPT. 05 HEARING RE: MOTION FOR SUMMARY JUDGMENT ON 3RD AMENDED COMPLAINT OF JEANESSA FENDERSON

I don't think I'll ever listen to this song the same way again!

Kimkins Lawsuit Update

2009-06-29T04:32:00.000-07:00

Please read the Proposed Notice of Pendency of Class Action, shared on the Kimkins Lawsuit blog.

Kimkins Class Action Lawsuit Update: Motion for Summary Judgment Filed

2009-06-02T16:56:00.000-07:00

I don't know anything about lawsuits. If you'd asked me two years ago if we'd still be waiting, I'd have said no way since the evidence is so overwhelming! It's amazing how slowly the wheels of justice have to turn. Of course, having a defendant and her two attorneys trying their best to slow things down as much as they can, these things happen I guess!

We're reaching the point we've all been waiting for. John has filed the motion for summary judgment. You can read about it here. Apparently the carefully collected and catalogued evidence is laid out in a very thorough motion to the courts. It hasn't been posted at the court site just yet, but I can't wait to read it all! I imagine there are details I've forgotten in this long journey!

If you want to read the motion, keep an eye out at the Riverside County Court website. Select Case Name Search. Search for Diaz, Heidi. The case number is RIC483005.

Kimkins Attorney Threatens Another Blogger for Speaking the Truth About His Client

2009-06-02T13:20:00.000-07:00

This time it's AvenueGirl. (Hi Avenueirl!) Go read about it here, and savor the humor of it all. What an unprofessional thing to do! I wonder how the judge will view this stunt... This attorney knows why the KK counter-suit was tossed out of court, right?

I don't know whether to hope he's getting paid by the hour and it's costing his client big, or hope he's doing this special bonus work for free because that's all it is worth. Reading his motions makes me think he might be getting paid by the word.

Class Certified!

2009-05-20T16:28:00.000-07:00

The judge certified the Kimkins class for the lawsuit. (Again, thanks to the bankruptcy stall tactic.)

The next big court date is June 8. Not long to wait this time!

Thanks, John! You do such great work!

Today is a big Kimkins court day!

2009-05-20T03:39:00.000-07:00

Today is the day the judge will evaluate the certification of the class again. It was certified earlier in the year but voided (that may not be the right term) by Heidi's attempt to declare bankruptcy. The bankruptcy was rejected, so we're headed back to court.

The evidence is all on our side, and John is ten times the attorney Peabody is, but it couldn't hurt to keep your fingers crossed!