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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# 1737 Filed: 04/26/19 Entered: 04/26/19 15:54:04 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: 

Dairyland Substation 

Tyler Road SE/O Robertson Boulevard, Chowchilla, CA 93610 

Contract #C11187 

(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: 

$95,916.00 

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 

Case: 19-30088 Doc# 1737 Filed: 04/26/19 Entered: 04/26/19 15:54:04 Page 2 of

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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# 1737 Filed: 04/26/19 Entered: 04/26/19 15:54:04 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# 1737 Filed: 04/26/19 Entered: 04/26/19 15:54:04 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# 1737 Filed: 04/26/19 Entered: 04/26/19 15:54:04 Page 5 of

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EXHIBIT A 

Case: 19-30088 Doc# 1737 Filed: 04/26/19 Entered: 04/26/19 15:54:04 Page 6 of

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RECORDING REQUESTED BY 

A.J. Excavation, Inc. 

514 N. Brawley Avenue 

Fresno, CA 93706 

AND WHEN RECORDED MAIL TO: 

A.J. Excavation, Inc. 

514 N. Brawley Avenue 

Fresno, CA 93706 

Dairyland:18-158P02700181432CNTR:C11187 

SPACE ABOVE THIS LINE FOR RECORDER'S USE 

MECHANICS' LIEN 

The undersigned A. J. Excavation, Inc. 

[Name of person or firm claiming mechanics' lien. Contractors use name exactly as it appears on contractors license] 

Claimant claims a mechanics' lien upon the following described real property: 

City of Chowchilla 

, County of Madera 

, California, 

Dairyland Substation: Tyler Road SE/0 Robertson Blvd., Chowchilla, CA 93610 

[General description of property where the work or materials were furnished. A street address is sufficient, 

but, if possible, use both street address and legal description.] 

Dairyland Substation: Dairyland Flooding Emergency Issues 

#18-158 PO:2700181432 CNTR: C11187 

Invoice #2019-1089 Remaining amount of $95,916.00 

The sum of $ 95,916.00 together with interest thereon 

[Amount of claim due and unpaid] 

at the rate of 10 % percent per annum from March 30th, 2019 

[Date when balance became due] 

is due claimant after deducting all just credits and offsets for the following work and materials furnished 

by claimant Grading / Off-Haul / Provide & Install Foundations 

[Insert general description of work or materials furnished] 

Claimant furnished the work and materials at the request of, or under contract with 

Pacific Gas & Electric 

[Name of person or firm who ordered or contracted for the work or materials] 

The owners and reputed owners of the real property or leasehold interest are 

Pacific Gas & Electric 

[Insert name of owner of real property. This can be obtained from the County Recorder] 

Firm Name A- J• 2 ti 

By: 

c . 

Alisa Emmett 

gnature of claimant or authorized agent] 

[Printed name of claimant or authorized agent] 

514 N. Brawley Ave., Fresno, CA 93706 

[Address of claimant or authorized agent] 

VERIFICATION 

I, the undersigned, say: I am thePresident

["President of," "Manager of," "A partner of," "Owner of," etc.] 

the claimant of the foregoing mechanics' lien. I have read said claim of mechanics' lien and know the 

contents thereof; the same is true of my own knowledge. 

I declare under penalty of perjury that the foregoing is true and correct. 

Executed on April 25th, 2019 , at Fresno 

, California. 

[Date of Signature] tY here Signed] 

[Persona signature o e individual who is swearing that the contents of the claim of mechanics' lien are true.] 

Alisa Emmett 

[Printed name] 

Pagel of 2 Revised 7-1-2012 VFR, Inc., P.O. Box 7, Loomis, CA 95650 (916) 652-7237 FORM D 

Case: 19-30088 Doc# 1737 Filed: 04/26/19 Entered: 04/26/19 15:54:04 Page 7 of

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Invoice

Date

2/13/2019

Invoice #

2019-1089

Bill To

Pacific Gas & Electric

P.O. BOX 7760

San Francisco, CA. 94120

AJ Excavation Inc.

F #559-354-0639

9662 W. Kearney Blvd.

Fresno, CA 93706

P.O. No.

2700181432

Terms

Net 45

Project

Dairyland Sub Pond Work #...

Total

Quantity Description Rate Amount

BILLING #1: Work completed at the Dairyland Substation 114,830.00 114,830.00

$114,830.00

Case: 19-30088 Doc# 1737 Filed: 04/26/19 Entered: 04/26/19 15:54:04 Page 8 of

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Contract Long Form

Contract No. C11187

Page 1 of 3

62-4073 (12-1-08) Sourcing

Contract (Long Form)

This is a Contract between the 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. C11187

Contractor’s

Address:

9662 W. Kearney Blvd.

Fresno, CA. 93706

This Contract consists of 67 pages.

Project Name: Dairyland Flooding Emergency Issues

Job Location: Dairyland Substation Chowchilla, Ca

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. 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.

Work Summary

 Three hundred and ninety feet (390’) of Oldcastle trench model #68

 One (1) Oldcastle 4’x4’ drain inlet with traffic 

 Two-inch (2”) conduit from LS #8 back to control room including all excavation and backfill and install two-inch (2”) 

conduit from drain box sump pump to LS #8 

 One and one-half inch (1 1⁄2”) conduit from JB 8 to LS #8 1.5. One (1) sump pump as per PG&E Drawing 4090465, 

Rev. 5

 Six-inch (6”) sch 40 drain pipe from sump pump to pond to drain pond/box including all excavation and backfill.

 Provide and install eleven yards (11) of concrete from face of control building to precast trenching 

 Reference photos #1 and #2 

 Nine (9) linear feet of six-inch (6”) curb block at control building JB

 Sixty-five (65) linear feet of six-inch (6”) side board curbs running parallel with each existing swale leading into ponds at 

various locations to prevent undermining

 Reference photo #18

 Six-inch (6”) curb approximately twenty (20) linear feet on south side of station

 Thirty (30) linear feet of SPCC six-inch (6”) curb

 North/west corner of station where water is draining in the corner of retention pond; run parallel with fence and 45’ 

degrees in swale

 Reference photo’s #10 and #11

 Replace concrete down drain (N/W) and include side board of six-inch (6”) curbing 

 One (1) of Item No. 50 –Lighting Standard Foundation 1.14. Two (2) Item No. 51 – Air Conditioner 

 Condenser Foundation 

DocuSign Envelope ID: B7ECC2C7-7D7A-4DC2-92D3-049DCF6CF01C

Case: 19-30088 Doc# 1737 Filed: 04/26/19 Entered: 04/26/19 15:54:04 Page 9 of

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Contract Long Form

Contract No. C11187

Page 2 of 3

62-4073 (12-1-08) Sourcing

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

Attachment 1: Scope of Work, (7 pages)

Attachment 2: General Conditions, (49 pages)

Attachment 3: Authorized Disposal and Recycling Facilities (7 pages)

Attachment 4: Cost Break-down Sheet (1 page)

CONTRACT TERM: This Contract is effective upon signature by both parties and expires on 12/31/18

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

completion date of 12/31/18. Time is of the essence.

INSURANCE: Contractor shall maintain insurance in accordance with Section 25 Insurance Requirements of the Long Form General 

Conditions.

TERMS OF 

PAYMENT: 

Contractor shall adhere to payment terms 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: Unit Price, Not-to-Exceed Amount of $159,860.00

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

THIS CONTRACT.

PACIFIC GAS AND ELECTRIC COMPANY CONTRACTOR: AJ Excavation

Signature Signature

Name Janetta Tarter Name Dave Swofford

Title Supervisor, Electric Transmission Title Project Manager

Date Date

DocuSign Envelope ID: B7ECC2C7-7D7A-4DC2-92D3-049DCF6CF01C

10/4/2018 10/4/2018

Case: 19-30088 Doc# 1737 Filed: 04/26/19 Entered: 04/26/19 15:54:04 Page 10

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