HEIDI DIAZ FILES CROSS-COMPLAINT IN CIVIL ACTION: NOW ISN'T THAT RICH?

The one and only Heidi Diaz at her deposition in the civil action

In what is perhaps the greatest show of brass cajones in recent memory, Heidi Diaz aka Kimmer, creator of the Kimkins starvation diet, has filed a Cross-Complaint for Damages for the following:

1. Interference with Contract
2. Interference with Economic Advantage
3. Slander/Libel
4. Invasion of Privacy
5. Civil Conspiracy; and last but not least...
6. Intentional Infliction of Emotional Distress.

Oh, this is rich. Intentional Infliction of Emotional Distress? Seriously, Heidi, you've got to be kidding.

Here is a screenshot of page 16, paragraph 63, citing the distress Heidi alleges she has suffered:

(Click to enlarge)

Heidi, I'll tell you what's "despicable, outrageous, intentional and malicious and done with reckless disregard of the fact that such acts would certainly cause...severe emotional and physical distress": YOUR PERPETUATION OF THE DEADLY KIMKINS STARVATION DIET ON WOMEN DESPERATE TO LOSE WEIGHT.

Paragraphs 64, 65 and 66 in your Cross-Complaint are so laughable they're not worthy of comment.

You want to talk about physical illness and emotional distress? Talk to some of the ex-Kimkins members whose lives have been deleteriously and irretrievably changed as a result of following your deadly diet.

Why don't you take a trip down memory lane by clicking on the link below? There you can read the stories of the many women whose lives you played with in a despicable, outrageous, intentional and malicious manner with a reckless disregard that such acts would certainly cause each and every one of them severe emotional and physical distress. Read about how their hair fell out, how they suffered from heart arrhythmia, esophaegeal spasms, eating disorders, and many other physical and emotional problems.

Kimkins Survivors

Your spurious Cross-Complaint is without merit and reeks of a desperate attempt to intimidate. Trust me on this...it's had the opposite effect. The forces are galvanizing.

You, Heidi Diaz, are the author of your own misfortune. You've made your bed...now lie in it.

To read the entire Cross-Complaint, click here:

HEIDI DIAZ CROSS-COMPLAINT

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IS SOMEONE PUTTING PRESSURE ON TWO BLOGGERS ???

(Painting by Gustave Dore: "Jacob wrestling with the Angel")

Two bloggers, Fighting in the Mud, and theTruth, have each suddenly had an epiphany. Ah, the miracles that occur during the Christmas season. It does my heart good.

Now, what would cause the mud-fighter to shut down his/her blog and thesupposedTruth to substantially soften his/her stance? Was it the feeling of goodwill towards their fellow man?

Or could it possibly be pressure from the lawyer, John Tiedt, and/or the principal participants in the civil lawsuit against Heidi Diaz aka Kimmer and the Kimkins diet scam?

Here is Fighting in the Mud's final post:

"Tuesday, December 25, 2007

Adieu

I wanted to answer one of the comments that I got this evening. I was asked why I wasn’t posting comments. As I said in one of my earlier blog posts, I stopped posting the comments for several reasons. First of all, I didn’t want people tallying up the “fors” and “againsts”, and I was concerned that some of the posters might be identified by their words. Also, some used their normal “handles”, and some of them asked to not have their comments posted. Rather than agonize about what to post or not post, I decided after posting the first few that I would not post any.

Secondly, the same poster questioned my comments about my blog being compromised, and the poster said it was only “my” word that it had really happened. That is correct. It is only “my” word. I may be a lot of things, but a liar I am not.

I have decided that I have said all I can or should say about Kimkins. I had really hoped that it might start people thinking, but after seeing the “Fascination thread” today, I realize that it probably isn’t going to happen.

I want to close by addressing just one more issue. It’s been said so many times that if people had stopped questioning in thread one that there would be no lawsuit. That is true. It’s been said that if we had stopped digging and investigating in thread two that there would be no lawsuit. That is true. The same thing can be said for many of the threads that followed the first two.

The difference between what happened then versus what is happening now is that now there is a lawsuit to consider. In thread one, there was nothing to lose. Now that we are in thread twelve, there is a lot to lose.

I’ve said all I need to. Thank you again to the people who understood what I was trying to say, and to the others, I will borrow Jeanessa’s words, “Let the chips fall where they fall.”

I will leave the blog up for several more days, and I will then remove it.

Posted by Stomp Out Haters at 8:22 PM "

Now take a gander at thesupposedTruth's post:

"Monday, December 24, 2007

One Last Package under the Tree

I removed the bulk of my last post after its overnight existance, out of a desire not to further stir the pot this holiday season. My opinions remain unchanged, but may be somewhat softer than were initially conveyed. I may or may not come back in my former capacity after the holidays but I am not making that decision today. I assure all I remain committed to truth and justice for all those that deserve to be dragged into their light. If I have a part to play, I'll try to do so.

I'll close with a plea that we all just get along for a few days and think inward to the things that are most important to us. Seriously, though, Happy Holidays to those of all faiths.

Peace.
-tT"

Your thoughts?

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NO REFUND FROM HEIDI/KIMMER? JOIN THE LAWSUIT !!!

I've been wondering how many ex-Kimkins members received membership refunds in light of the fact the Heidi Diaz's (Kimmer) assets have been frozen in the civil suit.

Let's check out what Heidi had to say earlier (in bold below) about reimbursing those people she banned, scammed, starved, and debased:

"Dear Kimkins Members,

OK, so it's time to come clean.

In view of recent events and the feedback I've received from members, I've decided to set a few things straight. Those of you who know me are well aware I'm a private person and prefer to remain that way. However, that doesn't seem to be in the cards.

So, let's put a few burning questions to rest:

Q: Who is Kimmer?

A: Heidi Diaz

Q: Why the drama, denial and hiding?

A: For the past 10 years it was to avoid an invasion of my own privacy. However, for the past 3 years it was to protect the identity of my foster children. California foster regulations prohibit foster parents from making statements that would identify children as "foster", even by association. Identifying myself which could lead to my home address or identifying me in public could identify them.

Q: Did you lose 198 pounds in 11 months?

A: No. But I did lose 100 pounds in 6 months. However, since Kimkins appeared on the Woman's World cover, I've been glued to my computer. I'm no different than any of you and I'm well familiar with stress eating or grabbing what's handy instead of what's Kimkins friendly.
Q: So you've regained the weight?

A: Yes, but I've been back on Kimkins for 2 weeks and have lost 23 pounds so far. I gain fast and I lose fast, that's how it's always been. I'll be experimenting and rotating with each option except Cycling because that will be too much temptation for me. I'm a lifelong dieter and I know what a free week (or weekend) will do to my willpower.

Q: What about the model photos in some of the Success Stories?

A: The majority of our earliest Success Stories were from another website and we couldn't take those with us. We wanted to show visitors the possibilities with Kimkins. So, while we built up our newest batch, I created stories which were a compilation of previous successes that people had shared with me over the past 10 years. We're extremely proud of all of our members (paid and unpaid) who have experienced weight loss success.

Q: You have been photographed without hair. Did Kimkins do that?

A: Absolutely not. I developed alopecia universalis 23 years ago. It is an autoimmune disease that causes total body hair loss. Our family has cluster autoimmune conditions. Mine are alopecia, hypothyroidism and eczema. Other family members also include alopecia plus type 1 diabetes type 1, multiple sclerosis, lupus, eczema and rheumatoid arthritis. Autoimmune is when your body attacks itself and destroys certain functions. Most people with an autoimmune condition develop more than one. If one person in a family develops an autoimmune condition, other family members tend to develop them.

Q: What about the people who joined Kimkins because you said you lost 198 pounds in 11 months or because of the success story re-enactments?

A: I offer my sincere apology to anyone who felt misled or joined purely on that basis. That was never our intent. Kimkins will provide a refund and membership cancellation upon request to anyone who joined Kimkins prior to November 1, 2007. Please write support @ kimkins. com by November 16, 2007 and provide your full name, current or former user name, PayPal transaction number and PayPal email address.

Q: What about the people who want to continue with Kimkins?

A: A lifetime membership is lifetime. You're here and that's permanent!

In fact, I'm going to be part of the "Watch Us Lose" models on the homepage and will update my stats each week, add updated photos and post in the Kimmer's Back on Track Challenge. I will lose my weight all over again and everyone is welcome to lose right alongside me. I had baseline medical tests done a few weeks ago and will share both my starting and final results once I reach goal which I hope to be around my birthday in May 2008.

Q: Will we ever meet "Kimmer"?

A: I'm going to do my best. I truly am a shy person who prefers to stay in the background, but a Kimkins Cruise is planned for Summer 2008 and I'll be there to meet & greet everyone! We will be asking members for feedback on local meet-ups as well so everyone has a chance to meet me and network with other Kimkinites! Support is everything in successful long term weight loss.

Q: Anything else?

A: Kimkins works. I have offered my internet style of Kimkins diet advice for 10 years. It was hugely successful which is why Kimkins became popular. My first 8 years were 100% voluntary and I even turned down gifts. My goal has always been for people to learn the very simple and very effective basics of quick weight loss. This remains our focus today. Anyone who wants a refund and cancellation, please let us know.

Everyone who wants to stick with Kimkins -- well, what are you waiting for? Let's do it! I've got, uh ... a couple of pounds to lose myself and I could use some support!

Q: What about starting a Kimmer Challenge?

A: Excellent! Let's do it! I'm setting up the Kimmer's Back on Track Challenge thread, so come on over and say "Hi!"

(bolding mine)
~~~~~~~~~~~~~~~~~~~~~~~~~

Yeah, whatever, Kimmer. Everytime I read that tripe, I want to spew.

Now....LISAin TN at LCF has NOT received her refund yet. Here is her post and Heidi / Kimmer's response:

LISAin TN:

"Hey all,

I haven't been here for a long time, but wanted to ask if anyone is receiving their kimkins refunds? Heidi said she'd send me a check 2 weeks ago. I have not received it yet. I have emailed her 3 more times and gotten no reply. In my first email to her I said:

"I've been emailing for a refund since November 12th and have never received my refunds. Could you please let me know if I will be getting one or not? I have seen people on message boards saying that you are lying about giving out refunds and I dont know what to believe anymore. I would just appreciate a straight answer as to whether or not I will be receiving one. If not, I will stop wasting my time. Thanks.".

[HEIDI/KIMMER] wrote back and said:

'Hi Lisa,

I'm looking through the support center tickets and I don't see one for you. When did you submit it? Do you have a ticket number? If you didn't go through the support center, send an email to support @ kimkins.com OK?

We need your name, address and Paypal ID number for the refund. The lawsuit attorney froze the Paypal account so now we're mailing refund checks.

I think whoever is saying that we're not sending refunds is trying to keep trouble stirred up. The people who have received refunds know we sent them.

I'm right here OK?

Kimmer'

"I sent her the information she asked for AGAIN and now hear nothing from her. Is she lying to others like this? If I ever receive a refund, I will definitely come back here and set the record straight, but I think 2 weeks was more then enough time for my refund to have been received. If she is lying and has no intentions of sending me a refund, can't she get in further trouble for this? I would think someone being investigated for FRAUD would at least start watching what she says and does. I am so sick and tired of this entire situation and wish I had never found that stupid website. Oh and also, since November 30th when she said she'd mail my refund, the remaining ID I had that still worked on Kimkins no longer works, so I've been removed from Kimkins, but haven't gotten my refunds! Since I've received no refunds, the ID that hasn't been banned should still be mine to legally use. Sorry to rant. Just thought I'd ask if she's lying to everyone about the refunds or is she just picking a select few to send the refunds to? Thanks.

So, Heidi, where's LISAin TN's refund?

I would strongly urge anyone who has not received their refund to JOIN THE LAWSUIT NOW by clicking here:

Want to see Heidi come to justice? Kimkinslawsuit’s Weblog

LISAin TN's post can be found here:

http://www.lowcarbfriends.com/bbs/9628659-post2216.html

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