Minutes from yesterday's Kimkins lawsuit hearing

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!

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...

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

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!)

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!"

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!

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

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

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