ALJDEC

00F-2602-ROC · Registrar of Contractors · 2000-11-28

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

|E S P PLUMBING, INC., | |No. 00F-2602-ROC | | | | | |Complainant, | |RECOMMENDED DECISION | | | |OF ADMINISTRATIVE | |-v- | |LAW JUDGE | | | | | |License No. 123740, Class B- of | | | |Sternlicht Holdings III, Inc. and | | | |Starwood Capital Group L.P., dba | | | |STARWOOD DEVELOPMENT L.P. (PTR), | | | | | | | |Respondent. | | | | | | | | | | |

HEARING: November 28, 2000 APPEARANCES: John A. Buric, Esq. represented Complainant ESP Plumbing, Inc. Guy D. Knoller, Esq. represented Respondent Starwood Development, L.P. ADMINISTRATIVE LAW JUDGE: Daniel G. Martin _____________________________________________________________________ FINDINGS OF FACT Prior to the commencement of the hearing in this matter, the parties concluded a settlement agreement, the essential terms of which were read into the record and acknowledged by the parties. The terms of the settlement agreement between the parties are as follows: c. Complainant ESP Plumbing, Inc. (“ESP”) will dismiss with prejudice its complaint against Respondent Starwood Development, L.P. (“Starwood”) in Registrar of Contractors (“ROC”) Case No. 00-2602. d. Sam Robinson (Starwood’s agent and owner of the property in question) will dismiss with prejudice his complaint against ESP in ROC Case No. 00-2936. e. Starwood will dismiss with prejudice its complaint against ESP in Maricopa County Superior Court Cause No. CV2000- 021090. f. Starwood will pay ESP the sum of $4,700.00 on or before December 13, 2000 (15 days from the hearing date). The Administrative Law Judge finds the foregoing terms to be reasonable under the circumstances, and the product of knowing and voluntary action on the part of each party. CONCLUSIONS OF LAW The policy of the law favors settlements of disputes, and adverse parties should be free to adjust their differences by entry into agreements or stipulations of settlement which should be recognized and given effect. The settlement reached and submitted, having been found to be reasonable and voluntarily made, warrants the termination of the instant hearing. RECOMMENDED ORDER Based on the foregoing, the Administrative Law Judge recommends that the Citation and Complaint in Case Number 00-2602 be closed.

Done this day, November ___, 2000.

______________________________________ Daniel G. Martin Administrative Law Judge

Original transmitted by mail this ____ day of ____________, 2000, to:

Michael P. Goldwater, Director Registrar of Contractors Attn: Joyce Armijo 800 West Washington, 6th Floor Phoenix, AZ 85007

By ___________________________ -----------------------

Office of Administrative Hearings 1400 West Washington, Suite 101 Phoenix, Arizona 85007 (602) 542-9826