Vacate

10F-1977-ROC · Registrar of Contractors · 2010-04-20

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

Respondent Cabinet Technologies LLC has moved to vacate the hearing on Complainant Carol McDaniels’ complaint to the Registrar of Contractors against Respondent’s license because Complainant has already obtained a judgment against Respondent’s qualifying party Robert Bussey on the same claim in Desert Ridge Justice Court Case No. CC2009701390. According to Respondent’s motion, it has attempted to pay the Complainant by sending via certified mail a check payable to her in the amount of the judgment to her address of record, but the check was returned to Respondent unclaimed. Complainant has not responded to the motion in the time allowed by the Administrative Law Judge. The Administrative Law Judge notes that many courts limit the collateral effect of a small claims court judgment because there is no right to representation by an attorney, no right to appeal the outcome, no right to a jury trial, and no right to pre-trial discovery.[1] However, if as here the plaintiff has “elect[ed] to proceed in that forum,”[2] she may be collaterally estopped from relitigating the issues determined in a small claims court action. Because Complainant has chosen to proceed in and obtained relief in small claims court and has failed to provide any reason why the hearing in this matter should nonetheless proceed, IT IS ORDERED vacating the hearing on the merits that had been scheduled on May 13, 2010 at 8:00 a.m. IT IS FURTHER ORDERED remanding this matter under A.A.C. R2-19-111(3) to the Director of the Arizona Registrar of Contractors with the recommendation that it be closed as withdrawn. Done this day, April 20, 2010.

_____________________________________ Diane Mihalsky Administrative Law Judge

Copy mailed this ____ day of May, 2010 to:

William A. Mundell, Director Registrar of Contractors c/o Legal Department 3838 N. Central Ave. Phoenix, AZ 85012

Robert E. Bussey, Jr. Cabinet Technologies LLC 8628 N. Dysart Rd #103 El Mirage, AZ 85335

Carol McDaniels P.O. Box 28967 Scottsdale, AZ 85255

By ___________________________ ----------------------- [1] See, e.g., Village Supply Co. v. Iowa Fund, Inc., 312 N.W.2d 551, 554 (Iowa 1981); Sanderson v. Niemann, 17 Cal. 2d 563, 110 P.2d 1025, 1031 (Cal. 1941); Cumberland Farms v. Town of Groton, 262 Conn. 45, 60, 808 A.2d 1107, 1117 (2002); State Farm Fire & Cas. Co. v. Emde, 706 S.W.2d 543, 546 (Mo. App. 1986). [2] Parada v. the Small Claims Court for the Los Angeles Judicial District of Los Angeles County, 70 Cal. App. 3d 766, 769, 139 Cal. Rptr. 87, 89 (App. 1977).

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