Just when you think the never-ending saga of one Heidi Kimberly Diaz and her Kimkins diet scam couldn’t get any stranger–well, that’s out the window! Just a few weeks ago I told you about the Kimkins starvation diet being awarded the distinction of “Worst Diet Product” of 2008 and is now on the verge of being the subject of a major class action lawsuit against Diaz without the services of her attorney Bert Cottle. That was minor news compared to what is happening now.
More about the lawsuit in a minute, but in typical Heidi fashion she pulled a stunt that only a desperate maniac would do: SHE DECLARED CHAPTER 11 BANKRUPTCY! That’s right, on Monday, January 12, 2009, Heidi K. Diaz submitted the paperwork to United States Bankruptcy Court in the Central District of California just two days before the class action lawsuit against her and her Kimkins diet swindle was set to be heard by a judge to determine certification to proceed.
An automatic stay in the Fenderson v. Diaz lawsuit was faxed to lead prosecuting attorney John Tiedt in the class action case to inform him what Diaz had done and that any action against her civilly would have to be put on hold or transferred to bankruptcy court. In other words, this is even more stall tactics to delay justice against this woman who has purportedly bilked well over $1 million out of unsuspecting dieters worldwide while leaving the weight and health of many Kimkins victims in disarray.
Lead attorney prosecuting the case against Diaz, John Tiedt
According to the “Say ‘No’ To Kimkins” blog, Tiedt is not surprised by this move Diaz is attempting and will seek diligently to prosecute her to the fullest extent of the law.
“We will not be deterred. We will not stop until we have justice,” Tiedt said. “We anticipated the possibility of bankruptcy. This is Ms. Diaz’s third bankruptcy. We are now obtaining a bankruptcy litigator to join our team. Our attack on the bankruptcy will start immediately. I will never stop.”
But, you know, fate has a way of working things out for the good against people like Heidi Diaz. You see, Riverside County Superior Court Judge Michael B. Donner never got the papers about Diaz’ bankruptcy ploy, so he went ahead and heard the case for proceeding forward with the class action lawsuit by Tiedt on Wednesday, January 14, 2009 at 8:30am.
That’s right, Jeanessa Fenderson FINALLY got what she’s been fighting for nearly a year to see–CLASS ACTION CERTIFICATION! This was HUGE because now anyone who has been harmed physically, monetarily, or otherwise by Heidi Diaz and the Kimkins diet scam can seek damages by joining this lawsuit that will now proceed forward. A formal order is being prepared and served to Heidi Diaz who is going to try to represent herself in court. GOOD LUCK with that one, Heidi!
Heidi Diaz won’t be fooling the judge in the class action suit
When asked about the automatic stay of the class action lawsuit received by Tiedt just two days prior, Judge Donner said he has not seen any such paperwork about the bankruptcy and was appalled that such an obvious stall tactic would be implored by the defendant. This isn’t the first judge ticked off by Heidi Diaz and I have a feeling that won’t bode well for her as this case progresses. Especially if she is defending herself, I’d love to see this woman get what she has coming to her.
But you’d think all this real-life drama in her life would make Heidi Diaz take a personal examination of the wrong she has done to others and back away from the Internet scamming business. NOPE! Believe it or not, this woman not only has the kahunas to start up another web site venture, but another DIET WEB SITE!!! Oh yes, you’re not gonna believe this one.
I wonder how long until we see more fake “after” photos from Heidi
The header of her new web site (which I’m NOT gonna give her any free publicity for) reads “Simple Choices: Weight Loss for Busy Lifestyles” and basically looks like Kimkins reincarnate. Look at the pictures of the people (no before and after Russian bride photos yet, but I expect that will be coming!) and the foods. You go through a week-long “Detox” and then move on to a “low-glycemic Flash Start” program.
“Learn portion control and how to make smart low fat food choices,” the web site boasts.
Hmmm, a low-carb, low-fat, low-calorie, portion control diet designed to help you “lose weight fast” for only $19.95 a month? Other than the price, which is a HUGE jump up from the flat rate “lifetime membership” she offered at Kimkins, that sounds a WHOLE LOT like another diet Heidi Diaz has put her fingerprints all over, doesn’t it? She has a “sample menu” link that doesn’t work, though, so it’s hard to tell what she’s encouraging people to eat on this program. But the system sounds WAY too familiar to me.
“You’ll receive the Simple Choices diet including 3 different levels, the allowed foods list, portion control guidance, community support forums and important diet tools,” the web site explained.
This has Kimkins written all over it because Heidi has these same things at her old site, too. What you can eat, support forums, diet tools–this is NOTHING new at all. And, of course, she’s offering an affiliate program to entice people to sign up their friends and blog readers. As someone who was fooled by this woman before, DON’T FALL FOR IT!
Heidi Diaz is a shyster through and through who will use her vindictiveness to lash out at you if you don’t give her what she wants. I don’t say this lightly, but a psychopath like her belongs in a mental prison with no computer or Internet access before she causes any more harm to innocent victims of her manipulative practices. This woman preys on anyone she thinks she can control and bites them in the back as soon as she feels threatened.
That’s all I have to say about this pitiful piece of work known as Heidi Kimberly “Kimmer” Diaz. Prepare to go down and go down hard soon, Heidi! You deserve everything you have coming to you…AND MORE!
1-30-09 UPDATE: On January 27, 2009, the judge granted all seven motions filed by John Tiedt to quash the countersuit filed by Heidi Diaz. The judge saw right through this tactic and encouraged counsel to seek compensatory damages out of Diaz for trying to intimidate and humiliate the plaintiffs in the class action lawsuit against her. A malicious prosecution action against both Diaz and her ex-attorney Bert Cottle is being considered. This is yet another chapter is this ongoing saga!
there’s one more twist-I dont know the particulars, but apparently the name she’s using for her new plan/site is actually owned by another big corporation.
Really. I hadn’t heard that, but it wouldn’t surprise me. The woman is a liar and manipulator, so anything is possible.
–Jimmy
Jimmy…..
I loved this blog entry. I agree wholeheartedly with everything you said.
Yes, I have heard that the name of her new website infringes on another corporations name as well. There is just no stopping her.
However, the bankruptcy courts won’t take this lightly and neither, apparently, does the civil court judge.
Heidi has hit “rock bottom” with the hole that she is digging for herself, and it is now coming in on top of her.
My only regret, is that I’m not in CA to see it. The one thing that I really want to do….is see Heidi Diaz…face to face. I want to look her in the eye….and unfortunately, I don’t think I’ll ever get to do that.
Thanks for the great blog.
Dee
Well said Jimmy, well said.
This woman needs to be stopped once and for all. People that perpetrate these scams cannot be allowed to continue and profit from them. Yes, I’m speaking the obvious but just feel that it cannot be said enough.
Hopefully the bankruptcy filing will only delay the justice that needs to be done.
Why is the Kimkins website still going strong – it doesn’t appear that anything is wrong there – did she sell it off?
Until Heidi Diaz is adjudicated for scamming people, the web site can continue as usual. Justice is slower than molasses on a cold winter’s day, but her day is coming and KK is going down.
–Jimmy