ALJDEC decisions subject to certification as final

03F-T0255-ROC-REM · Registrar of Contractors · 2003-06-17

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

The Respondent has filed a Motion to Dismiss Citation and Complaint, Motion to Vacate Hearing and Motion for Expedited Consideration. The Complainant has filed written opposition thereto, and the Respondent has filed a reply, and the Complainant has filed a response to the Respondent’s reply. After a full review and extensive consideration of the Respondent’s motions, the Complainant’s written response and the entire file herein it is found as follows: 1. The record in this matter establishes that the Complainant’s claim and the Respondent’s counter-claim were tried in Superior Court on April 8, and10, 2003 and that a final judgment has been entered in the civil matter. 2. In review of the entire record in this matter, including the judgment issued by the civil court, it is found that the issues set forth in the complaint at issue have been fully litigated in the Superior Court matter and that the Complainant is estopped from re-litigating these same issues in an administrative proceeding. 3. It is a well settled doctrine and policy of law that final judgments of civil courts may not be subject to collateral attack in subsequent proceedings. The findings and judgment in Superior Court Case No. C20015043 are res judicata as to the issues and allegations in the instant complaint. Based upon the foregoing it is recommended that this matter be dismissed.

Done this day, June 17, 2003

______________________________________ M. Douglas Administrative Law Judge

Mailed this ____ day of ______________, 2003 to:

Israel G. Torres, Director Registrar of Contractors ATTN: Jennifer Brown 800 West Washington, 6th Floor Phoenix, AZ 85007

Copies mailed this ____ day of ______________, 2003 to:

The Tortuga Group Inc. Glenn Phillips 2650 W. Tortolita Hills Trail Tucson, AZ 85742 complainant

Karl MacOmber Monroe & Associates, Inc. 1820 East River Road, Suite 230 Tucson, AZ 85718 Attorney for complainant

Ace Asphalt of Tucson, Inc. 3030 S, 7th St. Phoenix, AZ 85040-1163 Respondent

George Krauja/Erwin D. Kratz Fennemore Craig One South Church Ave., Suite 1000 Tucson, AZ 85701-1627 Attorneys for respondent By ___________________________

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