Why the fascination with Kimmer? #8

[McLurkypants]

In California, I believe there is a law which applies to countersuits or lawsuits such as what Hidey is claimed to have filed against the class action plaintiffs' attorneys based on the complaint they filed against Hidey. These retaliatory suits are called SLAPP suits and are usually dismissed.

From: FAP - Anti-SLAPP

The United States and California constitutions grant every person the right to participate in government and civic affairs, speak freely on public issues, and petition government officials for redress of grievances. Yet, individuals and community groups are often sued for exercising these constitutional rights. These suits are known as "SLAPPs," or "Strategic Lawsuits Against Public Participation."

Every year, thousands of people are sued for participating in government or for speaking out on public issues. SLAPP targets have been sued for engaging in a wide variety of protected speech and protected expression activities, including:

*writing a letter to the editor
*circulating petitions
*calling a public official
*reporting police misconduct
*erecting a sign or displaying a banner on their property
*complaining to school officials about teacher misconduct or unsafe conditions in the school
*speaking at a public meeting
*reporting unlawful activities
*testifying before Congress or state legislatures
*speaking as an officer of an active public interest group
*filing a public interest lawsuit

In California, a new law to protect people from SLAPPs, Code of Civil Procedure section 425.16, took effect in 1993. The law allows a judge to decide at the outset of the suit whether the SLAPP has a "probability" of winning. If the judge finds that it does not, the SLAPP must be dismissed, and the SLAPP target wins his or her legal defense costs and attorneys' fees.

The expressive activity which is protected under the new California law is broad. Code of Civil Procedure section 425.16 states that activity which is protected under the law includes:

*any written or oral statement or writing made before a legislative, executive, or judicial proceeding, or any other official proceeding authorized by law;
*any written or oral statement or writing made in connection with an issue under consideration or review by a legislative, executive, or judicial body, or any other official proceeding authorized by law; or
*any written or oral statement or writing made in a place open to the public or a public forum in connection with an issue of public interest.

So IF Hidey has filed such a complaint, I don't expect she'll get far at all. Just my 2 cents' worth!

[McLurkypants]

Originally Posted by Cutie

ok, all of you who've been hungry for something new to talk about...

john tiedt, the attorney handling the class action suit has now been notified by heidi's counsel that she is suing him for defamation of character.

Hey Cutie - tell us more! Heidi is still listed by the Court as unrepresented by counsel. Who did she convince to represent her?

I'll keep an eye on the court records for this case to see if any record of such a counterclaim appears - so far, nothing there on that.

If this pans out, it'll be a big joke when Hidey gets to the part where she has to prove the alleged defamatory statements are UNTRUE. Heee! As I said in an earlier post, good luck with that, Hidey!

[Locarb4me]

Originally Posted by Mayberryfan

----------------------C O U N T E R S U I T-------------------------

RE: Defamation of character of Kimmer aka "The Kimmer"

Representing the plaintiff - Dr. Mark, esquire and his trusty pair-o'leeegal Tippy Toes.

Note: Kimmer would have represented herself, but everyone knows she could never pass a bar...uhmm the bar, that is.

Plaintiff claims an attorney, John Tiedt, aka the Hidey-hater, aka Ducky (could be, who knows? ) is out to defame said plaintiff and in general ruin her life. Well, Kimmer don't roll like that, so she's suing, ya dig?

Character affidavits:

Singinglass - Well, I'm psychic, so I totally knew this was going to happen. I think Kimmer is awesome. I've lost lots of weight and my hair was too damn thick anyway. Kimmer has saved me tons of time I used to spend combing and blow-drying.

Dr. Mark - *takes off lawyer suit and dons scrubs* Listen to me because I am a doctor, okay? I've made a thourough examination of Kimmer's character (online) and have given her my stamp of approval. Health-wise, she's got some glands or organs out of whack...I need to go to WebMD for specifics, but just take my word for it! I'm a doctor, remember?! Kimmer has a healthy character and isn't guilty of anything wrong. (My bonus check is in the mail, right?)

FitnessGuru - *huffing and puffing* Hey, Kimmer is totally dedicated to fitness and has killer glutes. After all, she has to have something strong to sit on while she's online 18-20 hours per day helping people, okay! Kimmer has good biceps too. Hey, lifting those extra large pkgs of sugar cookies at the store 3-4 times per week is a workout!

Tippy Toes - Well, y'all kno how I feeul about Kimmer. She's just the bestest evur. I meeen, how miny peepul woulld give me such a prest-tihjus job as PR Direcktor? At her own websitte? That's frendship, if you askes me. I don't carre whether she's still fat or not. KimkinsAtkinsKimkinsAtkins wurks for me. She's gudder than anyone of them LCF haters.

[Susiecarbojunkie]

Since the class action lawsuit centers around Heidi's fraudulent character in the first place,
seems kinda stupidly ironic that she would try counter suing for defamation of that same "character"----

she's defamed herself, far worse than we ever could, by weaving this incredible web of stupid lies--that only she believes

kinda like that scary smile on her face when the reporter approached her---she really looked like she believed she was about to win the Reader's Digest sweepstakes or something.....

I would pay good money to be a fly on the wall at that deposition--just to hear what she might actually say

boy, if I had that nerve in my tooth......

but then again---I'm here worried mostly about two things:
a) where could I actually find sugar free godiva liqueor (sp?)
b) what if I did transplant that nipple hair onto my head---it would look wierd because the nipple hair is so wavy and my head hair isn't...

[SMP]

Originally Posted by McLurkypants

Hey Cutie - tell us more! Heidi is still listed by the Court as unrepresented by counsel. Who did she convince to represent her?

I'll keep an eye on the court records for this case to see if any record of such a counterclaim appears - so far, nothing there on that.

If this pans out, it'll be a big joke when Hidey gets to the part where she has to prove the alleged defamatory statements are UNTRUE. Heee! As I said in an earlier post, good luck with that, Hidey!

I'd say Heidi knows full well she'll lose the lawsuit, but her motive is Delay! Delay! Delay! She is planning something but needs time to carry it out, and this speedy deposition followed by - one hopes! - a speedy trial isn't in her best interests. So she is throwing spanners into the legal machinery in hopes of it grinding to a halt. Sorry, Heidi, but you aren't big multinational corporations like oil or tobacco companies, and it ain't going to work. Possibly she wants to spend all her ready cash on a lawyer simply to prevent any of the scammed from ever seeing one red cent. If so, she's even more vindictive than I thought.

Any idea how many years of prison work it would take to pay back one million dollars?

[MissMerize]

Originally Posted by lala

well you are now banned on earth heaven and hell! but i was gracious enough to allow you to keep your nipple hair isnt that enough for you PEOPLE!

I've been forced to transplant my nipple hair to my head

[Sheridan]

Originally Posted by Cutie

ok, all of you who've been hungry for something new to talk about...

john tiedt, the attorney handling the class action suit has now been notified by heidi's counsel that she is suing him for defamation of character.

Originally Posted by 2big4mysize

oh good now she has to be availible for the discovery phase of the trial. greatr job Heidi. is she suing slamboard ducky and all the others too? the voice analysis match of her and kimmer should be a slam dunk

This is an incredibly foolish maneuver on her part. I can't believe any attorney (even a bad one) would have counseled her to do it. Maybe she's now also pretending to be an attorney? Wouldn't put it past her for a second. In her mind, one semester of law school = licensed attorney

Sociopaths think they're "untouchable".

[lala]

i couldnt find a picture of teh Godiva but i found this one and boy does it look good

[Mayberryfan]

Oooooo, I'll take Ghiradelli over Godiva any day! YUUUUUUUUMMMMMMMM!

Now, Lala, I'm gonna have to sue you for contributing to the delinquency of a low carb dieter for posting that pix. I'm pleading temporary insanity in my suit as I am PMS'ing and chocolate sounds GOOD. If there's one woman on the jury, I will win.

Would you like to settle out of court and save yourself the embarrassment?

I'll settle for $59.95

[*Pear*]

[/unlurk]

Which week do we cycle over to Drunkkins? *LOL*

[lurk]

[Mayberryfan]

Oh yeah, while we're on the subject of Chocolate....(if anyone wants to join in my suit against Lala, we can go class action on her behind!) I would not recommend the sugar free chocolate syrup made by DaVinci. It's just okay. Nothing special. If I liked chocolate in my coffee it might be okay, but I don't care for those two flavors together.

That was my helpful hint for today. Now back to legalities........

[BamaGal]

OT--MayberryFan---hey isn't Bama off this week??? I wanna go camping and the campground says they're full with Bama Fans----

[tinkerpam]

Originally Posted by Mayberryfan

----------------------C O U N T E R S U I T-------------------------

RE: Defamation of character of Kimmer aka "The Kimmer"

Representing the plaintiff - Dr. Mark, esquire and his trusty pair-o'leeegal Tippy Toes.

Note: Kimmer would have represented herself, but everyone knows she could never pass a bar...uhmm the bar, that is.

Plaintiff claims an attorney, John Tiedt, aka the Hidey-hater, aka Ducky (could be, who knows? ) is out to defame said plaintiff and in general ruin her life. Well, Kimmer don't roll like that, so she's suing, ya dig?

Character affidavits:

Singinglass - Well, I'm psychic, so I totally knew this was going to happen. I think Kimmer is awesome. I've lost lots of weight and my hair was too damn thick anyway. Kimmer has saved me tons of time I used to spend combing and blow-drying.

Dr. Mark - *takes off lawyer suit and dons scrubs* Listen to me because I am a doctor, okay? I've made a thourough examination of Kimmer's character (online) and have given her my stamp of approval. Health-wise, she's got some glands or organs out of whack...I need to go to WebMD for specifics, but just take my word for it! I'm a doctor, remember?! Kimmer has a healthy character and isn't guilty of anything wrong. (My bonus check is in the mail, right?)

FitnessGuru - *huffing and puffing* Hey, Kimmer is totally dedicated to fitness and has killer glutes. After all, she has to have something strong to sit on while she's online 18-20 hours per day helping people, okay! Kimmer has good biceps too. Hey, lifting those extra large pkgs of sugar cookies at the store 3-4 times per week is a workout!

Tippy Toes - Well, y'all kno how I feeul about Kimmer. She's just the bestest evur. I meeen, how miny peepul woulld give me such a prest-tihjus job as PR Direcktor? At her own websitte? That's frendship, if you askes me. I don't carre whether she's still fat or not. KimkinsAtkinsKimkinsAtkins wurks for me. She's gudder than anyone of them LCF haters.

Girl, that is too funny!!!

[HoneyBee2]

Originally Posted by Mayberryfan

----------------------C O U N T E R S U I T-------------------------

RE: Defamation of character of Kimmer aka "The Kimmer"

Representing the plaintiff - Dr. Mark, esquire and his trusty pair-o'leeegal Tippy Toes.

Note: Kimmer would have represented herself, but everyone knows she could never pass a bar...uhmm the bar, that is.

Plaintiff claims an attorney, John Tiedt, aka the Hidey-hater, aka Ducky (could be, who knows? ) is out to defame said plaintiff and in general ruin her life. Well, Kimmer don't roll like that, so she's suing, ya dig?
[....]
She's gudder than anyone of them LCF haters.

Originally Posted by McLurkypants

Hey Cutie - tell us more! Heidi is still listed by the Court as unrepresented by counsel. Who did she convince to represent her?

I'll keep an eye on the court records for this case to see if any record of such a counterclaim appears - so far, nothing there on that.

If this pans out, it'll be a big joke when Hidey gets to the part where she has to prove the alleged defamatory statements are UNTRUE. Heee! As I said in an earlier post, good luck with that, Hidey!

I still don't find a "proof of service" showing she has been served? Of course she is aware of the summons being filed, but did you find a proof of service in the court documents?
You are correct that the court documents still show her as unrepresented as well?....SO spill the beans Cutie!
Another issue that Kimmer has stated on different boards over the years is the idea that she is "judgement proof". She says this after saying she has only non-taxable income, no checking, no assets, etc..Is this a possibility for kimmer to have set things up to where that is true?
I really don't know why I am ever surprised by what Kimmer/Heidi does, but when I had posted at kimkins that I felt that Kimmer would act accordingly that was double speak,(since I was attempting to not get banned) for I can't believe she would be arrogant enough to claim defamation of character. But Damn if she isn't. Wow........amazing.

[Katinsac]

so I guess we blame you for it, hea Honey? lol

[Katinsac]

how did she ever create that website without all these ducks!!

[Magicsmom]

Originally Posted by lala

my friend has been evacuated from his home in LA he said that some of the fires were acts of arson things that make you go HUMMMMMMMMMM

Sorry to hear about your friend. I hope all will be o.k. with him. Yeah, the firebugs go nuts when there are winds in the forecast. One of the most devastating fires was set around 1 p.m. about 10 miles inland, and by dinner time it was ravaging Laguna Beach. It was a horrible time.

[BamaGal]

Another issue that Kimmer has stated on different boards over the years is the idea that she is "judgement proof". She says this after saying she has only non-taxable income, no checking, no assets, etc..Is this a possibility for kimmer to have set things up to where that is true

yes it is very possible--but with the right investigative work proof can be found ---you can't hide millions in too many places---

[Nady]

Originally Posted by Sheridan

This is an incredibly foolish maneuver on her part. I can't believe any attorney (even a bad one) would have counseled her to do it. Maybe she's now also pretending to be an attorney? Wouldn't put it past her for a second. In her mind, one semester of law school = licensed attorney

Sociopaths think they're "untouchable".

So... how does this work?? Does she instruct the attorney to don a blindfold before her arrival and then 'swear' that she really is 118 pounds and wears a red dress and this class action lawsuit is just one big lie?? How does any honest lawyer look at a 300+ pound woman and not see the truth?? Heidi must have filed the defamation suit herself~ What's that they say~ a person that represents themselves has a fool for a client? Hmmmm~
~~~N

[Katinsac]

If she filed the suit against John, would it show up under the listing of the class action suit under her name or would it show up under John's name in a different place?

[HoneyBee2]

Originally Posted by Locarb4me

That was my experience too. Although once I started pounding back handfuls of biotin and another Skin Nail and Hair supplement, it seemed to slow down pretty quickly. It's still evident but not coming out nearly as badly the past week or two.

LoC I am glad to read that the biotin is making a difference for you. I know you must be relieved. I am still waiting for the supplements to make an improvement or to slow things down. At first the hair loss didn't bother me because I have or sadly HAD, really thick hair. Then about 2 weeks ago it started to really fall out. I was puzzled since I had stopped the diet a month prior, but I could see that the hair loss was getting worse. My ponytail is at least half the size it was before and the hair bands, barrettes and things will not even stay in my hair due to the thinness. I know it will come back but it still makes me mad...arrrgh. Oh well I may have to add any future hair treatments to the receipts to be used in the lawsuit along with my request for a refund of my membership. I will have to ask Nessa that one too.

Originally Posted by Locarb4me

Is it possible that all this time I had you two confused??? Apparently it is!! I thought that was her posting as BabyBug over there but I went a-checkin' and she does use another name on the ALC forum after all. My apologies!! A case of mistaken identity.

...I joined ALC as babybug, because I was still at Kimkins then but had seen that things were not right and I joined that forum the day the PI pics came out, because I was still posting while on the inside at kk. Then I joined here at LCF the day I was banned from Kimkins, so I used my kimkins screen name here. Well, that is funny , I never noticed you thinking I was someone else and I don't recall you saying anything that made me think....what is she talking about, so no biggie. As Kimmer has proven you never know who you are talking to on the net anyway.

[AriAnne]

"Singinglass - Well, I'm psychic, so I totally knew this was going to happen. I think Kimmer is awesome. I've lost lots of weight and my hair was too damn thick anyway. Kimmer has saved me tons of time I used to spend combing and blow-drying".

It's Singingass, not singinglass.

[HoneyBee2]

Originally Posted by Katinsac

If she filed the suit against John, would it show up under the listing of the class action suit under her name or would it show up under John's name in a different place?

Kat-I thought a separate case, but again I am no lawyer only like to research and read the stuff... However, I looked under the class action lawsuit as well as performed a general search. I searched the court documents with John Tiedt as the master name search and did not come up with a case involving Heidi Diaz. Of course I mean where John is a defendant in a case. The case where he is the attorney is there...Say that fast a couple of times...It gets confusing if it is late, if you are on the meat and martini diet or if you have a head cold that is making you cross-eyed. I am not telling which one fits my situation...