Manos

Plaintiff John Manos appeals an order granting defendant Bank of Coronado’s (Bank) motion for summary adjudication of issues on Manos’s complaint for enforcement of stop notice. Manos contends the court should have enforced his stop notice to the extent it was bonded under Civil Code section 3083. We affirm the order.

I

In July 1983 the Bank made a $679,000 construction loan to Bancroft Associates, secured by a trust deed on real property in Spring Valley. Bancroft Associates obtained the loan to develop the property into a 14-unit apartment building.

In August 1984 Manos subcontracted with Bancroft Associates and its general contractor Degen Development to provide labor and materials for the project. In September 1984 Manos and Degen modified the agreement. Manos provided labor and materials under the modified agreement until Degen’s failure to pay the ongoing costs of Manos’s work prevented further performance by Manos. In October 1984 Manos recorded a mechanics’ lien against the property in the amount of $82,423.16. In December 1984 Manos served a stop notice on the Bank and a bond in the sum of $41,000 naming Degen as the assured. The stop notice demanded the Bank…