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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# 1725 Filed: 04/26/19 Entered: 04/26/19 15:34:47 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: 

Moss Landing Substation 

Highway 1 Dolan Road, Moss Landing, CA 95039 

Contract #C9916 

(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: 

$7,725.60 

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# 1725 Filed: 04/26/19 Entered: 04/26/19 15:34:47 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# 1725 Filed: 04/26/19 Entered: 04/26/19 15:34:47 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# 1725 Filed: 04/26/19 Entered: 04/26/19 15:34:47 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# 1725 Filed: 04/26/19 Entered: 04/26/19 15:34:47 Page 5 of

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EXHIBIT A 

Case: 19-30088 Doc# 1725 Filed: 04/26/19 Entered: 04/26/19 15:34:47 Page 6 of

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NOTICE OF MECHANICS' LIEN ATTENTION! 

Upon the recording of the enclosed MECHANICS' LIEN with the county recorder's 

office of the county where the property is located, your property is subject to the filing of 

a legal action seeking a court-ordered foreclosure sale of the real property on which the 

lien has been recorded. That legal action must be filed with the court no later than 90 

days after the date the mechanics' lien is recorded. 

The party identified in the mechanics' lien may have provided labor or materials for 

improvements to your property and may not have been paid for those items. You 

are receiving this notice because it is a required step in filing a mechanics' lien 

foreclosure action against your property. The foreclosure action will seek a sale of your 

property in order to pay for unpaid labor, materials, or improvements provided to your 

property. This may affect your ability to borrow against, refinance, or sell the property 

until the mechanics' lien is released. 

BECAUSE THE LIEN AFFECTS YOUR PROPERTY, YOU MAY WISH TO SPEAK 

WITH YOUR CONTRACTOR IMMEDIATELY, OR CONTACT AN ATTORNEY, OR FOR 

MORE INFORMATION ON MECHANICS' LIENS GO TO THE CONTRACTORS STATE 

LICENSE BOARD WEB SITE AT www.cslb.ca.gov. 

PROOF OF SERVICE AFFIDAVIT 

I am a citizen of the United States and employed inFresno County, 

California. I am over the age of eighteen (18) years and not a party to the action. My business address is: 

514 N. Brawley Avenue Fresno CA 93706 

On this date I served the foregoing MECHANICS' LIEN on the owners of the property: 

Pacific Gas & Electric 77 Beale St. San Francisco CA94105 

subject to the mechanics' lien: (Name & Address of Owner)

Ei by placing a true copy thereof enclosed in a sealed envelope, first-class mail postage 

prepaid, evidenced by a certificate of mailing, to the owner at the owner's or reputed owner's 

residence or place of business address or at the address shown by the building permit on file 

with the authority issuing a building permit for the work, or as otherwise provided in 

Section 8174 of the California Civil Code. 

0 by personally delivering a true copy thereof to the person(s) at the address set forth below: 

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

Exe e• on: 1st, 2019 by:Alisa Emmett 

(Your Name) 

(SIGNATURE) 

Page 2 of 2 Proof of Service of Mechanics' Lien 

© VFR, Inc., P.O. Box 7, Loomis, CA 95650 (916) 652-7237 

Mechanics' Lien Form D-2 

Revised 7-1-2012 

Case: 19-30088 Doc# 1725 Filed: 04/26/19 Entered: 04/26/19 15:34:47 Page 7 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 

Moss Landing:CNTR:8026 & CNTR:9916 

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 Moss Landing , County of Monterey 

Moss Landing Power Plant: Hwy 1 at Dolan Road, Moss Landing, CA 95039 

[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.] 

Replace 500kV Breakers / 115 KV BUS to BAAH 

#18-125 Contract #8026 P0:2700108416 Invoice#2018-1032 $14,968.95 

, California, 

#18-145 Contract #9916 P0:2700146592 Invoice#2018-1031 $7,725.60 

The sum of $ 22,694.55 together with interest thereon 

[Amount of claim due and unpaid] 

at the rate of 10% percent per annum from April 1st, 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 Demolition / Installation of foundations / Grading / Soil Removal 

[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.

. By: 

vation Inc. 

Alisa Emmett 

Signature of claimant or authorized agent] 

[Printed name of claimant or authorized agent] 

514 N. Brawley Avenue 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 penalt 7 of perjury that the foregoing is true and correct. 

Executed on 

[D 

I

at of Sign9ature] 

,atFresno 

ty W ere Signed] 

, California. 

[Pers gnature of the individual who is swearing that the contents of the claim of mechanics' lien are true.] 

Alisa Emmett - President 

[Printed name] 

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

Case: 19-30088 Doc# 1725 Filed: 04/26/19 Entered: 04/26/19 15:34:47 Page 8 of

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Invoice

Date

2/13/2019

Invoice #

2018-1031

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.

2700146592

Terms Project

Moss Landing Foundations ...

Total

Quantity Description Rate Amount

BILLING #2 (FINAL): Work completed at the Moss Landing Substation #18-146 7,725.60 7,725.60

$7,725.60

Case: 19-30088 Doc# 1725 Filed: 04/26/19 Entered: 04/26/19 15:34:47 Page 9 of

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Contract – Long Form

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:

AJ Excavation, Inc. PG&E Contract No. C9916

Contractor’s

Address:

9662 W. Kearney Blvd.

Fresno, CA 93706

This Contract consists of 67 pages.

Project Name: 64-Moss Landing 115 KV BUS TO BAAH

Job Location: Moss Landing, 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.

At the request and approval of PG&E representative Contractor shall provide all necessary labor, equipment, material and 

tools to complete the Demolition, Installation and Grading at PG&E’s Moss Landing Power Plant.

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 7

Attachment 2: General Conditions, Pages 1 through 49

Attachment 3: Rate Sheet, Page 1 of 1

Attachment 4: Authorized Disposal & Recycling Facilities, Pages 1 through 7

Attachment 5: Non-Disclosure Agreement, Page 1 of 1

CONTRACT TERM: This Contract is effective upon signature by both parties and expires on November 28, 2018.

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

completion date of November 28, 2018. Time is of the essence.

INSURANCE: Contractor shall maintain insurance in accordance with Section 25.0 of the General Conditions.

TERMS OF 

PAYMENT: 

In accordance with Section 15.1 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: $277,170.00 @ Lump Sum (T & E)

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

THIS CONTRACT.

PACIFIC GAS AND ELECTRIC COMPANY CONTRACTOR: AJ EXCAVATION, INC.

Signature Signature

Name Jen Senft Name Dave Swofford

Title Senior Sourcing Specialist Title VP Utility

Date Date

DocuSign Envelope ID: B4840EB3-640A-4124-8F76-FE14FAFCC19D

8/7/2018

8/8/2018

Case: 19-30088 Doc# 1725 Filed: 04/26/19 Entered: 04/26/19 15:34:47 Page 10

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Contract – Long Form

62-4073 (12-1-08) Sourcing

PG&E Contract No. C9916

Page 2 of 2

ADMINISTRATION

PG&E 

Negotiator

Steven Norvell Contractor 

Representative

Dave Swofford

Phone (209)272-8604 Phone (559)408-5908

Email Steven.Norvell@pge.com Email dave@movendirt.com

Accounting Reference Order # 74003962, CW # 721411ZC

PR # 187198

PG&E Work Supervisor: Steve Reeves, S1rF@pge.com Phone: 209-840-1897

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. Ste. 300

Rocklin, CA 95765, ETS&PContractInvoicing@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 Steve Reeves Manager 

Invoice Approver Jennifer Brothers Supervisor 

V.P. Sourcing/ Purchasing

Director Law 

DocuSign Envelope ID: B4840EB3-640A-4124-8F76-FE14FAFCC19D

Case: 19-30088 Doc# 1725 Filed: 04/26/19 Entered: 04/26/19 15:34:47 Page 11

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