Burton

Larry J. Burton (Burton), doing business as Yosemite Paving, filed a complaint against Kevin Sosinsky and Maureen Sosinsky, individuals and doing business as Fireside Dodge (Sosinsky), and Katotakis Constructors, Inc. (Katotakis), a California corporation, for foreclosure of a mechanics’ lien on real property located in the City of Modesto, County of Stanislaus, California. Plaintiff alleged that he, a licensed paving contractor, entered into an agreement with Manuel Katotakis, doing business as Katotakis Constructors, Inc., on August 5, 1985, for the paving and off-site improvements on a construction project. Katotakis was the general contractor on a work of improvement on real property located at 4620 McHenry Avenue in Modesto owned by Sosinsky. Burton agreed to pave the parking lot for Sosinsky’s Dodge automobile retail dealership. Burton alleged he had complied with the applicable mechanics’ lien law and was entitled to foreclose on the subject real property in order to satisfy his lien in the deficiency amount of $55,569.

Sosinsky filed an answer denying generally the allegations of the complaint and raising an affirmative defense of “unclean hands.” Sosinsky also…