Notice of Continued Perfection of Mechanic Lien Pursuant to 11 U.S.C. § 546(b)(2) - Case No. 19-30088 DM 

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ROGERS JOSEPH O’DONNELL 

Aaron P. Silberman (State Bar No. 161021) 

asilberman@rjo.com 

Lauren B. Kramer (State Bar No. 259821) 

lkramer@rjo.com 

Emily A. Wieser (State Bar No. 311315) 

ewieser@rjo.com 

311 California Street 

San Francisco, California 94104 

Telephone: 415.956.2828 

Facsimile: 415.956.6457 

Attorneys for 

NORTH AMERICAN 

FENCE & RAILING, INC. 

UNITED STATES BANKRUPTCY COURT 

NORTHERN DISTRICT OF CALIFORNIA 

SAN FRANCISCO DIVISION 

In re 

PG&E CORPORATION, 

 and 

PACIFIC GAS AND ELECTRIC 

COMPANY 

 Debtors. 

Case No. 19-30088 DM (Lead Case) 

(Jointly Administered with Case No. 19-

30089 DM) 

Chapter 11 

NOTICE OF CONTINUED 

PERFECTION OF MECHANICS LIEN 

PURSUANT TO 11 U.S.C. § 546(b)(2) 

□ Affects PG&E Corporation 

 Affects Pacific Gas and Electric 

 Company 

□ Affects both Debtors. 

* All papers shall be filed in the 

 Lead Case No. 19-30088 DM. 

North American Fence & Railing, Inc. (“NAFR”), by and through its 

undersigned counsel, hereby gives notice of continued perfection of its mechanics lien under 

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Notice of Continued Perfection of Mechanic Lien Pursuant to 11 U.S.C. § 546(b)(2) - Case No. 19-30088 DM 

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11 U.S.C. § 546(b)(2), as follows: 

1. NAFR is a corporation that has provided and delivered labor, services, 

equipment, and/or materials for the construction and improvement of projects on real 

property located in the County of San Mateo, State of California (the “Property”) and owned 

by PG&E Corporation and/or Pacific Gas and Electric Company (collectively, the 

“Debtors”). 

2. Through May 13, 2019, the amount owing to NAFR is at least 

$54,916.00. 

3. NAFR properly perfected its mechanics lien under California Civil 

Code §§ 8400, et seq., by timely recording its mechanics lien (“Claim of Lien”) in the 

Official Records of San Mateo County, State of California, as more fully described in its 

Claim of Lien, a true and correct copy of which is attached hereto as Exhibit A. 

4. Pursuant to California Civil Code § 8400, an action to enforce a lien 

must be commenced within 90 days after recordation of the claim of lien. However, due to 

the automatic stay set forth in 11 U.S.C. § 362, NAFR is precluded from filing a state court 

action to enforce its mechanics lien. 11 U.S.C. § 546(b)(2) provides that, when applicable 

law requires seizure of property or commencement of an action to perfect, maintain, or 

continue the perfection of an interest in property, and the property has not been seized or an 

action has not been commenced before the bankruptcy petition date, then the claimant shall 

instead give notice within the time fixed by law for seizing property or commencing an 

action. See 11 U.S.C. § 546(b)(2); In re Baldwin Builders, 232 B.R. 406 (9th Cir. 1999). 

5. Accordingly, NAFR hereby provides notice of its rights as a perfected 

lienholder in the Property pursuant to California’s mechanics lien law. NAFR is filing and 

serving this notice to preserve, perfect, maintain, and continue the perfection of its lien and its 

rights in the Property to comply with the requirements of California state law, 11 U.S.C. 

§§ 362(a), 362(b)(3), and 546(b)(2), and any other applicable law. This notice constitutes the 

legal equivalent of having commenced an action to foreclose the lien in the proper court. By 

this notice, the Debtors and other parties in interest are estopped from claiming that the 

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lawsuit to enforce NAFR’s mechanics lien was not timely commenced pursuant to applicable 

state law. NAFR intends to enforce its lien rights to the fullest extent permitted by applicable 

law. The interests perfected, maintained, or continued by 11 U.S.C. § 546(b)(2) extend in 

and to the proceeds, products, offspring, rents, or profits of the Property. 

6. The filing of this notice shall not be construed as an admission that such 

filing is required under the Bankruptcy Code, the California mechanics lien law, or any other 

applicable law. In addition, NAFR does not make any admission of fact or law, and NAFR 

asserts that its lien is senior to and effective against entities that may have acquired rights or 

interests in the Property previously. 

7. The filing of this notice shall not be deemed a waiver of NAFR’s right 

to seek relief from the automatic stay to foreclose its mechanics lien and/or a waiver of any 

other rights or defenses. 

8. NAFR reserves all rights, including the right to amend or supplement 

this notice. 

Dated: August 8, 2019 ROGERS JOSEPH O’DONNELL 

By: /s Aaron P. Silberman 

AARON P. SILBERMAN 

Attorney for 

NORTH AMERICAN FENCE & 

RAILING, INC. 

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EXHIBIT A

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.... 

RECORDING REQUESTED BY: 

North American Fence & Railing, Inc. 

AND WHEN RECORDED MAIL TO: 

North American Fence & Railing, Inc. 

515 23rd Avenue 

Oakland, CA 94606 

2019-037568 

12:36 pm 05120/19 MLL Fee: 102.00 

Count of Pages 2 

Recorded In Official Records 

County of San Mateo 

Mark Church 

1H111mnwn1rmn~11H1r11i~r~~~1111111 * $ R O O O 2 7 0 1 6 8 6 $ * 

SPACE ABOVE THIS LINE FOR RECORDER'S USE - 2-

MECHANICS LIEN 

The undersigned claimant, North American Fence & Railing, Inc., 515 23rd Avenue, Oakland, CA 

94606, claims a lien for labor, services, equipment, and/or materials under California Civil Code Section 

8416 et seq., upon the premises hereinafter described, and upon every estate or interest in such 

structures, improvements and premises held by any party holding any estate therein. 

The labor, services, equipment, and/or materials, were furnished for the construction of those 

buildings, improvements, or structures, now upon that certain parcel of land situated in the County of 

San Mateo, State of California, said land described as follows: 3150 Geneva Avenue, (Daly City), 

Brisbane, CA. 

The sum of $54,916.00 together with interest thereon at the rate of 0.00 percent per annum from May 

13, 2019, is due claimant (after deducting all just credits and offsets) for the following work and/or 

material furnished by claimant: Chain link fences. 

"'' , Claimant furnished the work and/or materials at the request of, or under contract with: Turner 

Construction Company, 300 Frank H. Ogawa Plaza, #150, Oakland, CA 94612. 

The owner(s} or reputed owner(s) of the property are: Pacific Gas and Electric Company, 77 Beale 

Street, 32nd Floor, San Francisco, CA 94105. 

Firm Name: North American Fence & Railing, 

:;· IL---- 1---- Naomi Samuela I Authorized Agent 

VERIFICATION 

I, the undersigned, say: I am the Authorized Agent of the claimant of the foregoing mechanics lien: 

have .reed 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 ,May 13, 2019, at San piego, California. 

Firm Name: North American Fence & Railing, Inc. ~ 

Naomi Samuela / Authorized Agent 

Construction Notice Services, Inc. (69593) 

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PROOF OF SERVICE AFFIDAVIT 

DECLARATION OF SERVICE BY MAIL 

California Civil Code Section 8416 (a)(7) & (c)(1) 

I, Naomi Samuela, as Lien Preparer, declare that we, Construction Notice Services, 

Inc., served copies of this Mechanics Lien and Notice of Mechanics Lien on 3150 

Geneva Avenue, (Daly City), Brisbane, CA by first class certified mail, postage prepaid, 

on May 13, 2019, at the San Diego/Mira Mesa California Post Office. 

Copies of this Mechanics Lien and Notice of Mechanics Lien were mailed to the 

Property Owner(s) or Reputed Owner(s), Pacific Gas and Electric Company, 77 Beale 

Street, 32nd Floor, San Francisco, CA 94105. 

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

on May 13, 2019, at San Diego, California. 

Fence & Railing, 

Naomi Samuela I Authorized Agent 

(69593) 

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. The legal action must be 

filed with the court no later than 90 days after the date the mechanic's 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 

these 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. 

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