1 

2 

3 

4 

5 

6 

7 

8 

9 

ROGERS JOSEPH O'DONNELL 

Tyson Arbuthnot (State Bar No. 215225) 

tarbuthnot@rj o .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 

Attorney for 

ACCO ENGINEERED 

SYSTEMS, INC. 

10 

11 

12 

UNITED STATES BANKRUPTCY COURT 

NORTHERN DISTRICT OF CALIFORNIA 

SAN FRANCISCO DIVISION 

13 In re 

14 PG&E CORPORATION, 

15 and 

16 PACIFIC GAS AND ELECTRIC 

COMPANY 

17 

18 

19 

20 

21 

22 

23 

24 

25 

Debtors. 

o Affects PG&E Corporation 

o Affects Pacific Gas and Electric 

Company 

o Affects both Debtors. 

* All papers shall be filed in the 

Lead Case No. 19-30088 DM. 

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) 

26 ACCO Engineered Systems, Inc. ("ACCO"), by and through its undersigned 

27 counsel, hereby gives notice of continued perfection of its mechanics lien under 11 U.S.C. 

28 § 546(b)(2), as follows: 

Page 1 

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

497759.1 

Case: 19-30088 Doc# 3411 Filed: 08/07/19 Entered: 08/07/19 11:07:33 Page 1 of

3
1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

26 

27 

28 

1. ACCO 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 Alameda, State of California (the "Property") and owned by 

PG&E Corporation and/or Pacific Gas and Electric Company (collectively, the "Debtors"). 

2. Through May 17, 2019, the amount owing to ACCO is at least 

$288,125.53. 

3. ACCO 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 the County of Alameda, 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 oflien. However, due to 

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

action to enforce its Claim of 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, ACCO hereby provides notice of its rights as a perfected 

lienholder in the Property pursuant to California's mechanics lien law. ACCO is filing and 

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

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 lawsuit to enforce ACCO's Claim of Lien was not timely commenced 

pursuant to applicable state law. ACCO intends to enforce its lien rights to the fullest extent 

Page 2 

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

497759.1 

Case: 19-30088 Doc# 3411 Filed: 08/07/19 Entered: 08/07/19 11:07:33 Page 2 of

3
1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

26 

27 

28 

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, ACCO does not make any admission of fact or law, and ACCO 

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 ACCO'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. ACCO reserves all rights, including the right to amend or supplement 

this notice. 

Dated: August 7, 2019 ROGERS JOSEPH O'DONNELL 

By: Isl Tyson Arbuthnot 

TYSON ARBUTHNOT 

Attorney for 

ACCO ENGINEERED SYSTEMS, INC. 

Page 3 

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

497759.1 

Case: 19-30088 Doc# 3411 Filed: 08/07/19 Entered: 08/07/19 11:07:33 Page 3 of

3