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PORTER LAW GROUP, INC.

William L. Porter, Esq. [133968]

Hannah C. Kreuser, Esq. [322959]

7801 Folsom Boulevard, Suite 101

Sacramento, California 95826

Telephone: 916-381-7868

Facsimile: 916-381-7880

Attorneys for

BURNETT & SONS PLANING MILL 

AND LUMBER CO.

UNITED STATES BANKRUPTCY COURT

NORTHERN DISTRICT OF CALIFORNIA

SAN FRANCISCO DIVISION 

In re:

PG&E CORPORATION

-andPACIFIC GAS & ELECTRIC

COMPANY,

Debtors

Case Nos. 19-30088 (DM)

 19-.0089 (DM)

Chapter 11

(Jointly Administered)

G Affects PG&E Corproation

G Affects Pacific Gas and Electric

Company

X Affects both Debtors

*All papers shall be filed in the Lead Case,

No. 19-30088(DM)

NOTICE PURSUANT TO 11 U.S.C. §

546(b)(2) RELATED TO PERFECTION,

MAINTENANCE AND ENFORCEMENT OF

MECHANICS LIEN CLAIMS

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BURNETT & SONS PLANING MILL AND LUMBER CO. (“BURNETT”), by and

through its undersigned counsel, hereby (i) provides notice pursuant to 11 U.S.C. § 546(b)(2) of a

mechanics lien, corresponding to a secured claim, and enforcement rights it holds against

property of one or both of PG&E CORPORATION and PACIFIC GAS & ELECTRIC

COMPANY (collectively “Debtors”) and (ii) reserves all related and other rights claims and

interests it may have in the subject Chapter 11 cases. In support hereof, BURNETT states as

follows:

Section 546(b)(2) Notice

1. BURNETT is a California corporation authorized to do business under the laws of

the State of California, and duly licensed by the Contractors’ State License Board to operate as a

cabinet, millwork, and finish carpentry contractor, holding a class C6 license under license

number 248649.

2. In accordance with a subcontract agreement (“Subcontract”) dated July 11, 2018,

and entered into between BURNETT and Roebbelen Contracting, Inc., BURNETT furnished

labor, services, equipment and material in connection with works of improvement to certain real

property located at 12840 Bill Clark Way, Auburn, CA 95602 (“Property”). A true and correct

copy of this Subcontract is attached hereto as Exhibit 1. The works of improvement were

performed under contract and/or at the special request and instance of one or more of the Debtors

and with their actual or constructive knowledge. One or more of the Debtors holds or claims an

ownership interest in the Property.

3. Further work was performed on the Property pursuant to Subcontract Change

Orders, true and correct copies of which are attached hereto as Exhibit 2. 

4. Having provided labor, materials, services and equipment under the Subcontract

and Subcontract Change Orders, BURNETT recorded a verified claim of mechanics lien in the

office of the County Recorder of Placer. At the time of recording the verified claim of mechanics

lien, the principal amount remaining due, owing and unpaid for its work on the Property was

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$37,450.60, excluding interest, and the cost of verifying and recording the mechanics lien claim.

Attached hereto as Exhibit 3 is a true and correct copy of BURNETT’s mechanics lien, recorded

on or about April 18, 2019, with the Placer County Recorder’s Office, and proof of mailing. 

5. Prior to the January 29, 2019 petition date (“Petition Date”), the aggregate amount

owed to BURNETT for the labor, services, equipment and material furnished in connection with

the works of improvement described above was at least $37,450.60, exclusive of accruing

interest and other charges, with additional amounts owing and accruing after the Petition Date

(collectively, “Indebtedness”). To the date of filing of this Notice, all of the Indebtedness remains

outstanding and owed to BURNETT. 

6. Under California Civil Code § 8460(a), a claimant is ordinarily required to

commence an action to enforce a mechanics lien “within 90 days after recordation of the claim of

lien.” However, at present, BURNETT is prevented from commencing appropriate action to

enforce its mechanics lien in Placer County (“Action”) as a result of the institution of the subject

Chapter 11 cases and the application of the automatic stay of 11 U.S.C. § 362(a) (“Automatic

Stay”). 

7. Section 546(b)(2) of the Bankruptcy Code provides in pertinent part that when

applicable law requires commencement of an action to perfect, or to maintain or continue the

perfection of, an interest in property and an action has not been commenced prior to the petition

date, then such perfection, or maintenance or continuation of perfection, may be accomplished by

a claimant instead “giving notice within the time fixed by such law” for commencement of such

action.

8. Accordingly, BURNETT hereby provides notice that (a) it is the holder of the

verified and recorded mechanics lien, as described above, and corresponding Secured Claim to

the Property under California law; (b) but for the Automatic Stay it would have timely

commenced an appropriate Action pursuant to California law in Placer County to enforce such

mechanics lien and Secured Claim; and (c) it intends in all respects to fully perfect, maintain,

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preserve and continue the perfection of its mechanics lien on the Property and to enforce and

realize upon its corresponding Secured Claim in accordance 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. Without

limiting the generality of the foregoing, this notice constitutes the legal equivalent of having filed

a mechanics lien in the Recorder’s Office of Placer County for the pertinent works of

improvement and respective amount of Indebtedness, and then having commenced an Action to

enforce and foreclose such mechanics lien in the proper court.

Reservation of Rights

9. In the interests of economy and efficiency, BURNETT has filed this Notice in the

above-captioned Chapter 11 cases intending and expecting it to apply or pertain to (a) the

continued perfection of the subject mechanics lien; (b) the Action that otherwise would have

been commenced by BURNETT in accordance with California State law to maintain, enforce and

realize upon its corresponding Secured Claim; (c) BURNETT’s exercise of any other rights

under or satisfaction of any other requirements of 11 U.S.C. § 546(b)(2) in the circumstances. 

10. BURNETT reserves the right to supplement, amend or otherwise alter this Notice

from time to time as may be necessary or appropriate to conform to, or to adapt to changes in,

facts or law, determinations yet to be made in the subject Chapter 11 cases or in other

proceedings, or otherwise to further the purposes of filing this Notice. Without limiting the

generality of the foregoing, BURNETT reserves the right, if deemed necessary or appropriate, to

include specific or additional pre-petition or post-petition amounts, and to state a total amount of

the Indebtedness or any component thereof that would be owed by a Debtor upon the effective

date of any plan of reorganization or liquidation, the date of any distribution or payment with

respect to BURNETT’s Secured Claim or any other appropriate date(s).

11. BURNETT reserves the right to request modification of the Automatic Stay,

determinations with respect to the validity, priority or extent of its mechanics lien and Secured

Claim, and adequate protection of, or any other relief in relation to its mechanics lien and

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Secured Claim. 

12. BURNETT reserves the right to assert against either of the Debtors any and all

claims and interests that are not encompassed by the mechanics lien and Secured Claim,

including additional secured claims, administrative-priority claims or other claims that may have

arisen before or after the Petition Date. Also, BURNETT reserves any rights, claims, actions,

setoffs, or recoupments to which it is or may be entitled under contract or otherwise in law or

equity with respect to either of the Debtors or their respective assets in the subject cases. In

addition, BURNETT reserves any and all rights, claims, actions, and remedies it has or may have

with respect to all entities other than Debtors, and nothing herein shall be considered an election

not to pursue remedies against such entities. 

Dated: May 22, 2019 PORTER LAW GROUP, INC.

By: /s/ Hannah C. Kreuser 

Hannah C. Kreuser, Esq.

Attorneys for BURNETT & SONS PLANING

MILL AND LUMBER CO.

R:\Production\6\0600-0699\639 Burnett & Sons Planning Mill\PG&E\Notice of Perfection.wpd

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EXHIBIT 1

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EXHIBIT 2

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EXHIBIT 3

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