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MCCORMICK, BARSTOW,

SHEPPARD, WAYTE & 

CARRUTH LLP 

7647 NORTH FRESNO STREET 

FRESNO, CA 93720 

McCormick, Barstow, Sheppard, 

Wayte & Carruth LLP 

David Emerzian, #222930 

david.emerzian@mccormickbarstow.com 

H Annie Duong, #319953 

annie.duong@mccormickbarstow.com 

7647 North Fresno Street 

Fresno, California 93720 

Telephone: (559) 433-1300 

Facsimile: (559) 433-2300 

Attorneys for Creditor 

A.J. EXCAVATION INC. 

UNITED STATES DISTRICT COURT 

NORTHERN DISTRICT OF CALIFORNIA 

SAN FRANCISCO DIVISION 

In Re 

PG&E CORPORATION 

and 

PACIFIC GAS AND ELECTRIC 

COMPANY,

 Debtors. 

Bankruptcy Cases 

19-30088-DM (Lead Case) 

19-30089-DM 

(Jointly Administered) 

A.J. EXCAVATION INC.’S NOTICE OF 

PERFECTION OF LIEN 

(11 U.S.C. §§ 362, 546(b)) 

Affects PG&E Corporation 

Affects Pacific Gas and Electric 

Corporation 

Affects both Debtors 

**All papers shall be filed in the Lead Case 

No. 19-30088 DM 

Creditor A.J. EXCAVATION INC., (“AJ”), by and through its undersigned counsel, hereby 

files this notice of perfection, maintenance, and continuation of perfection of its mechanics’ lien 

against the Debtors, PG&E Corporation and Pacific Gas and Electric Company (“Debtors”) pursuant 

to 11 U.S.C. sections 362(b)(3) and 546(b) (“Notice”). In support of this Notice, AJ represents the 

following: 

1. AJ is organized as a California corporation, in the business of performing earthwork, 

grading, paving, foundation, fencing, excavation, maintenance and/or other related construction 

Case: 19-30088 Doc# 1742 Filed: 04/29/19 Entered: 04/29/19 10:10:36 Page 1 of

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MCCORMICK, BARSTOW,

SHEPPARD, WAYTE & 

CARRUTH LLP 

7647 NORTH FRESNO STREET 

FRESNO, CA 93720 

services, with its principal place of business at 514 North Brawley Avenue, Fresno, California 93706. 

2. Debtor Pacific Gas & Electric Company (hereinafter “PG&E”) contracted AJ to 

provide earthwork, grading, paving, foundation, fencing, excavation, maintenance, and/or other 

related construction services for the improvement of certain real property owed, or reputed to be 

owned, by PG&E, as provided more fully in the prepetition contract (Long Form) (hereinafter 

“Contract”) . The real property is located at the following address, along with the contract number, 

more commonly known as: 

Metcalf-Evergreen Substation 

150 Metcalf Road, San Jose, CA 95138 

Contract #10185 

(hereinafter “Real Property”). 

3. Prior to the bankruptcy petition, AJ furnished such labor, materials, equipment, and/or 

supervision for the earthwork, grading, paving, foundation, fencing, excavation, and other related 

construction services for the improvement of the Real Property in accordance with the scope of work 

contained in the Contract, and as amended by applicable work change orders. 

4. The principal sum, exclusive of interest and other charges, that is currently due and 

owing to AJ for the labor and materials provided to the PG&E pursuant to the Contract is: 

$1,430,199.25 

5. Bankruptcy Code, 11 U.S.C. section 362(b)(3), provides that: 

The filing of a petition under section 301, 302, or 303 of this 

title...does not operate a stay... under subsection (a) of this section, 

of any act to perfect, or to maintain or continue the perfection of, an 

interest in property to the extent that the trustee’s rights and powers 

are subject to perfection under Section 546(b) of this title or to the 

extent that such act is accomplished within the period provide under 

section 547(e)(2)(A) of this title. 11 U.S.C. § 362(b)(3). 

6. Bankruptcy Code, 11 U.S.C. section 546(b), provides that: 

(1) The rights and powers of a trustee under sections 544, 545, and 

549 of this title are subject to any generally applicable law that- 

(A) permits perfection of an interest in property to be 

effective against an entity that acquires rights in such property 

before the date of perfection; or 

(B) provides for the maintenance or continuation of perfection 

of an interest in property to be effective against an entity that 

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MCCORMICK, BARSTOW,

SHEPPARD, WAYTE & 

CARRUTH LLP 

7647 NORTH FRESNO STREET 

FRESNO, CA 93720 

acquire rights in such property before the date on which 

action is taken to effect such maintenance or continuation. 

(2) If – 

(A) a law described in paragraph (1) requires seizure of such 

property or commencement of an action to accomplish such 

perfection, or maintenance or continuation of perfection of an 

interest in property; and 

(B) such property has not been seized or such an action has 

not been commenced before the date of the filing of the 

petition; 

such interest in such property shall be perfected, or perfection of such 

interest shall be maintained or continued, by giving notice within the 

time fixed by such law for such seizure or such commencement. 11 

U.S.C. § 546(b). 

7. Pursuant to California Mechanic’s Lien law, a claimant must commence an action to 

enforce a lien within 90 days after recordation of the claim of lien. Cal. Civ. Code § 8460(a). Because 

the Debtors filed their Chapter 11 petition for bankruptcy on January 29, 2019, it created an automatic 

stay of all actions, including a claimant’s action to enforce a lien. Thus, AJ was prevented from 

commencing an action to enforce its liens against the Debtors and perfect its mechanic’s liens under 

the law. 

8. Accordingly, AJ hereby gives this notice in lieu of the commencement of any action to 

perfect, maintain, or otherwise preserve its mechanics’ liens pursuant to 11 U.S.C. § 546(b) and 

California Civil Code sections 8460(a), including the recording of a claim of lien, the commencement 

of action to enforce the Mechanics’ Liens, the filing of a Pendency of Action, and/or the service of 

notice on purchasers of production on the Real Property (“Mechanics’ Lien”). A true and correct copy 

of the Mechanics’ Lien is attached hereto as Exhibit “A” and incorporated by reference. 

9. AJ hereby gives notice it intends to enforce its rights under the Mechanics’ Lien to the 

fullest extent allowed under the law. This Notice shall not be construed as an admission that such 

filing is required or to the necessity of recording, commencement, or seizure. In addition, AJ hereby 

gives notice that it has, or may be entitled to, additional mechanics’ liens rights to properties owned 

by the Debtors as they become due and owing according to prepetition contracts with the Debtors for 

the improvement of real property. This Notice shall preserve and continue to preserve any and all of 

AJ’s rights as to the Mechanics’ Liens and Bankruptcy Code. 

Case: 19-30088 Doc# 1742 Filed: 04/29/19 Entered: 04/29/19 10:10:36 Page 3 of

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MCCORMICK, BARSTOW,

SHEPPARD, WAYTE & 

CARRUTH LLP 

7647 NORTH FRESNO STREET 

FRESNO, CA 93720 

10. AJ reserves the right to amend, supplement, or otherwise modify this Notice and 

reserves any and all rights entitled to it under the applicable law. 

Dated: April 26, 2019 McCORMICK, BARSTOW, SHEPPARD, 

WAYTE & CARRUTH LLP 

By: /s/ H. Annie Duong 

David L. Emerzian 

H Annie Duong 

Attorneys for Creditor 

A.J. EXCAVATION INC. 

Case: 19-30088 Doc# 1742 Filed: 04/29/19 Entered: 04/29/19 10:10:36 Page 4 of

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MCCORMICK, BARSTOW,

SHEPPARD, WAYTE & 

CARRUTH LLP 

7647 NORTH FRESNO STREET 

FRESNO, CA 93720 

PROOF OF SERVICE 

STATE OF CALIFORNIA, COUNTY OF FRESNO 

At the time of service, I was over 18 years of age and not a party to this action. I am 

employed in the County of Fresno, State of California. My business address is 7647 North Fresno 

Street, Fresno, CA 93720. 

On April 26, 2019, I served true copies of the following document(s) described as A.J. 

EXCAVATION, INC.’S NOTICE OF PERFECTION OF LIEN on the interested parties in this 

action as directed by the Order Implementing Certain Notice and Case Management Procedures issued 

March 6, 2019. 

BY ELECTRONIC FILING THROUGH CM/ECF PARTICIPANTS: Based on the 

Order Implementing Certain Notice and Case Management Procedures, transmission of service 

through CM/ECF shall constitute effective service on that Registered Participant. My electronic 

service address service is dawn.houston@mccormickbarstow.com, and I caused the document(s) to be 

sent to the persons using the CM/ECF system. I did not receive, within a reasonable time after the 

transmission, any electronic message or other indication that the transmission was unsuccessful. 

I declare under penalty of perjury under the laws of the State of California that the foregoing is 

true and correct. 

Executed on April 26, 2019, at Fresno, California. 

/s/ Dawn Houston

Dawn M. Houston 

Case: 19-30088 Doc# 1742 Filed: 04/29/19 Entered: 04/29/19 10:10:36 Page 5 of

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EXHIBIT A 

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Case: 19-30088 Doc# 1742 Filed: 04/29/19 Entered: 04/29/19 10:10:36 Page 8 of

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AJ Excavation Inc. Invoice 

9662 W. Kearney Blvd. 

Fresno, CA 93706 

O#559-408-5908 

Bill To 

Pacific Gas & Electric 

P.O. BOX 7760 

San Francisco. CA. 94120 

Date Invoice # 

1/31/2019 2019-1077 

P.O. No. Terms Project 

2700150572 METCALF EVERGREEN ... 

Quantity Description Rate Amount 

IiILLING#3 Metcalf-Evergreen 1.430. 199.25 I .-43(1. 199 2i 

Total $1,430,199.25 

All Work Completed By 1/14/19

Case: 19-30088 Doc# 1742 Filed: 04/29/19 Entered: 04/29/19 10:10:36 Page 9 of

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Contract No. 10185

Contract – Long Form

Page 1 of 2

62-4073 (12-1-08) Sourcing

Contract (Long Form)

This is a Contract between below named Contractor (“Contractor”), a California corporation, and Pacific 

Gas and Electric Company (“PG&E”), a California corporation with its headquarters located at 77 Beale 

Street, San Francisco, California 94105. 

Contractor’s

Legal Name:

A. J. Excavation Inc. PG&E Contract No. 10185

Contractor’s

Address:

9662 W. Kearney Blvd.

Fresno, CA 93706

This Contract consists of 62 pages.

Project Name: METCALF - EVERGREEN RECONDUCTORING (TL)

Job Location: PG&E’s Metcalf-Evergreen 115 kV Transmission Line – San Jose, California

WORK: Contractor shall, at its own risk and expense, perform the Work described in this Contract and furnish all labor, 

equipment, and materials necessary to complete the Work as summarized below and as more fully described in Attachment 1:

Scope of Work and Attachment 1A: Metcalf-Evergreen Technical Specifications. This is not an exclusive Contract. This 

Contract does not guarantee Contractor any Work nor is there any guarantee as to any volume or duration of Work.

Contractor shall provide mobilization/demobilization, excavation, as specified in Metcalf-Evergreen Technical Specifications 

(Attachment 1A), items 1 through 3.

Contractor shall perform demolition and removal of items specified in Metcalf-Evergreen Technical Specifications (Attachment 

1A), items 4 through 24.

Contractor shall furnish and install items specified in Metcalf-Evergreen Technical Specifications (Attachment 1A), items 25 

through 87.

ATTACHMENTS: Each of the following documents is attached to this Contract and incorporated herein by this 

reference:

Attachment 1: Scope of Work, pages 1 through 5

Attachment 1A: Metcalf-Evergreen Technical Specifications, pages 1 through 3

Attachment 2: Price Sheet, pages 1 through 2

Attachment 3: Labor & Equipment Rate Sheet, page 1

Attachment 4: General Conditions, pages 1 through 49

CONTRACT TERM: This Contract is effective upon signature by both parties and expires on 07/15/2019.

COMPLETION: Contractor shall commence performance hereof when directed to do so by PG&E. Work shall be 

completed by the completion date of 07/15/2019. Time is of the essence.

INSURANCE: Contractor shall maintain insurance in accordance with Section 25 of the General Conditions

(Attachment 4).

TERMS OF PAYMENT: In accordance with Section 16 of the General Conditions. 

CONSIDERATION: As full consideration for satisfactory performance of the Work by Contractor, PG&E’s total obligation to 

Contractor shall not exceed the following amount. This amount is inclusive of all taxes incurred in the performance of the 

Work. Any change to this amount shall only be authorized in writing by a PG&E Contract Change Order, fully executed by

both PG&E and Contractor.

TOTAL LUMP SUM AMOUNT NOT-TO-EXCEED: $2,987,006.60

THE PARTIES, BY SIGNATURE OF THEIR AUTHORIZED REPRESENTATIVES, HEREBY AGREE TO THE TERMS OF 

THIS CONTRACT.

PACIFIC GAS AND ELECTRIC COMPANY A.J. EXCAVATION INC.

Signature Signature

Name Richard Cordova Name

Title Portfolio Manager, Sourcing Title

Date Date

DocuSign Envelope ID: A801A925-C663-4D41-A893-44671C002C17

VP Utility

Dave Swofford

8/16/2018 8/16/2018

Case: 19-30088 Doc# 1742 Filed: 04/29/19 Entered: 04/29/19 10:10:36 Page 10

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Contract No. 10185

Contract – Long Form

Page 2 of 2

62-4073 (12-1-08) Sourcing

ADMINISTRATION

PG&E 

Negotiator

Mark Dolatre Contractor 

Representative

Dave Swofford

Phone (925) 459-6905 Phone (559) 408-5908

Email Mark.dolatre@pge.com Email dave@movendirt.com

Accounting Reference 74000846

PG&E Work Supervisor: Brian Goodwin Phone: (559) 676-7887

INVOICE 

INSTRUCTIONS: 

Contractor shall send 

invoices for each payment 

when due, showing the 

Contract number, to:

PACIFIC GAS AND 

ELECTRIC COMPANY

Send ORIGINAL Invoice to: PG&E Accounts Payable*

PO Box 7760

San Francisco, CA 94120-7760 

Send COPY of Invoice to: Jennifer Brothers

6030 West Oaks Blvd. Suite 300

Rocklin, CA 95765 or ETS&PSContractInvoicing@pge.com

For information regarding invoice status, call PG&E’s Paid Help Line at (800) 756-PAID (7243) or go to AP 

Web Reporting site at www.pge.com/actpay.

*Note: Contractors using the XIGN System do not need to mail a copy of the invoice to PG&E.

INTERNAL PG&E USE ONLY

Distribution Date

Distribution of Copies

Document Services

(Signed Original Copy)

Mail Code N5D

245 MARKET ST., SAN FRANCISCO

Contractor

(Signed Original Copy)

Work Supervisor Manager 

Invoice Approver Supervisor 

V.P. Sourcing/ Purchasing

Director Law 

DocuSign Envelope ID: A801A925-C663-4D41-A893-44671C002C17

Case: 19-30088 Doc# 1742 Filed: 04/29/19 Entered: 04/29/19 10:10:36 Page 11

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