Judge: Layne H. Melzer, Case: 10-00355561, Date: 2022-08-04 Tentative Ruling

Pltf. Banc Of America Practice Solutions, Inc.
Motion to Enforce Settlement

 

Plaintiff Banc of America Practice Solutions, Inc. moves to enforce a settlement agreement and for entry of judgment against Defendants Jon L. Siems, M.D., P.C., Inc., Jon L. Siems, and Julie D. Siems.  The motion is taken OFF-CALENDAR.

 

The court notes that, on January 7, 2016, Defendants were dismissed from the complaint after no one appeared at the OSC re dismissal on settle case.  [ROA 247] Unless and until the dismissal is set aside, the court does not have jurisdiction to hear Plaintiff’s motion. 

 

The court also notes that Plaintiff’s counsel’s address is different than the address current on file and that counsel never gave the court notice of a change of address.  Furthermore, Defendants Jon L. Siems and Jon L. Siems, M.D., P.C., Inc. were served with the motion at “8230 W. Sahara Ave, #111, Las Vegas, NV 89117” and on Defendant Julie D. Siems was served with the motion at “31852 Via Patito, Trabuco Canyon, CA 92679.”  There is nothing in the motion to demonstrate that these are the correct addresses for Defendants for service of documents.  At the time of settlement, Defendants Jon L. Siems and Jon L. Siems, M.D., P.C., Inc. were represented by counsel and there is no indication on file that their counsel substituted out.  At the time of settlement, Defendant Julie D. Siems was self-represented and her address of record was 116 Kings Road, Newport Beach, CA 92660.  She has not filed a notice of change of address.  Any future notices and motions must be served at the proper addresses.