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NOTICE OF CONTINUED PERFECTION OF 

AMENDED MECHANICS LIEN

RUTAN & TUCKER, LLP

Roger F. Friedman (State Bar No. 186070)

rfriedman@rutan.com

Philip J. Blanchard (State Bar No. 192378)

pblanchard@rutan.com

Ashley M. Teesdale (State Bar No. 289919)

ateesdale@rutan.com

611 Anton Boulevard, Suite 1400

Costa Mesa, California 92626-1931

Telephone: 714-641-5100

Facsimile: 714-546-9035

Attorneys for Creditor ARB, 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 AMENDED 

MECHANICS LIEN PURSUANT 

TO 11 U.S.C. § 546(b)(2)

[Santa Clara County, Document 

No. 24238100]

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.

ARB, Inc. (“ARB”), by and through its undersigned counsel, hereby gives notice of 

continued perfection of its amended mechanics lien under 11 U.S.C. § 546(b)(2), as 

follows:

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

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

property located in the County of Santa Clara, State of California (the “Property”) and 

Case: 19-30088 Doc# 4093 Filed: 10/03/19 Entered: 10/03/19 17:23:03 Page 1 of

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NOTICE OF CONTINUED PERFECTION OF 

AMENDED MECHANICS LIEN

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

“Debtors”).

2. Through January 29, 2019 (the “Petition Date”), the amount owing to ARB 

was approximately $902,844.00, exclusive of accruing interest and other charges. Before 

the Petition Date, on January 24, 2019, ARB properly perfected its mechanics lien under 

California Civil Code §§ 8400, et seq. by timely recording its Mechanics Lien (Claim of 

Lien) in the amount of $902,844.00 in the Official Records of Santa Clara County, State of 

California, as Document No. 24102934 (“Initial Mechanics Lien”).

3. After all appropriate credits and offsets, the amount owing to ARB through 

July 24, 2019, is at least $873,023.44, exclusive of accruing interest and other charges.

Accordingly, on July 24, 2019, ARB amended its lien claim amount and continued the 

proper perfection of its mechanics lien under California Civil Code §§ 8400, et seq. by 

timely recording its Amended Mechanics Lien (Claim of Lien) in the amount of 

$873,023.44 in the Official Records of Santa Clara County, State of California, as 

Document No. 24238100 (“Amended Mechanics Lien”), a true and correct copy of which 

is attached hereto as Exhibit A.

4. Pursuant to California Civil Code § 8460, 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, ARB 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 of its intent to enforce the lien within the time fixed by law for 

seizing the property or commencing an action. See 11 U.S.C. § 546(b)(2); see also In re 

Baldwin Builders (Village Nurseries v. Gould), 232 B.R. 406, 410-411 (9th Cir. 1999);

Village Nurseries v. Greenbaum, 101 Cal.App.4th 26, 41 (Cal. Ct. App. 2002).

/ / /

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NOTICE OF CONTINUED PERFECTION OF 

AMENDED MECHANICS LIEN

5. Accordingly, ARB previously provided notice of its rights and its intent to 

enforce its rights as a perfected lienholder in the Property pursuant to California’s 

mechanics lien law. On February 22, 2019, ARB filed its Notice of Continued Perfection 

of Mechanics Lien Pursuant to 11 U.S.C. § 546(b)(2) with respect to its Initial Mechanics 

Lien [Dkt. No. 554] 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 (“Initial 

Notice of Continued Perfection”).

6. Due to the amendment of ARB’s Initial Mechanics Lien, ARB hereby 

provides further notice of its rights and its continuing intent to enforce its rights as a 

perfected lienholder in the Property pursuant to California’s mechanics lien law. ARB 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. The 

Initial Notice of Continued Perfection and this notice constitute the legal equivalent of 

having recorded a mechanics lien in the recorder’s office for the county where the Property 

is located and then having commenced an action to foreclose the lien in the proper court. 

By the Initial Notice of Continued Perfection and this notice, the Debtors and other parties 

in interest are estopped from claiming that the lawsuit to enforce ARB’s mechanics lien 

was not timely commenced pursuant to applicable state law. ARB 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.

7. The filing of the Initial Notice of Continued Perfection and this notice shall 

not be construed as an admission that such filing is required under the Bankruptcy Code, 

California mechanics lien law, or any other applicable law. In addition, ARB does not 

make any admission of fact or law, and ARB asserts that its lien is senior to and effective 

against entities that may have acquired rights or interests in the Property previously.

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NOTICE OF CONTINUED PERFECTION OF 

AMENDED MECHANICS LIEN

8. The filing of the Initial Notice of Continued Perfection and this notice shall 

not be deemed to be a waiver of ARB’s right to seek relief from the automatic stay to 

foreclose its mechanics lien and/or a waiver of any other rights or defenses.

9. ARB reserves all rights, including the right to amend or supplement this 

notice.

Dated: October 3, 2019 RUTAN & TUCKER, LLP

ROGER F. FRIEDMAN

PHILIP J. BLANCHARD

ASHLEY M. TEESDALE

By: /s/ Roger F. Friedman

Roger F. Friedman

Attorneys for Creditor ARB, INC.

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EXHIBIT A

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RECORDING REQUESTED BY AND MAIL TO:

(Name and mailing address, including city, state,

and ZIP code, c. iequehting party)

r

Philip J. Blanchard (State Bar No. 192378) 

RUTAN & TUCKER, LLP

611 Anton Blvd., Suite 1400

Costa Mesa, California 92626

(714) 641-5100

L_

24238100

Regina fllcomendras

Santa Clara County - Clerk-Recorder

07/24/2019 12:35 PM

Titles: 1 Pages: 4

Fees: $114.00 

Taxes: $0

Total: $114.00

L SPACE ABOVE THIS LINE RESERVED FOR RECORDER'S USE -*

DOCUMENT TITLE

ABSTRACT OF JUDGMENT

ACKNOWLEDGMENT OF SATISFACTION OF JUDGMENT

[X] OTHER (specify): AMENDED MECHANICS LIEN____________________

MECHANICS LIEN RECORDED:

DATE:

DOCUMENT NO.:

AMOUNT:

January 24, 2019

24102934

$902,844.00

Govt, code §27361.6

American LegalNet, inc.

www.FormsWorkflow.com

76aR855 CI-229 (New 7-96)

RECORDER’S COVER SHEET

Exhibit A, Page 5

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AMENDED MECHANICS LIEN

(CLAIM OF LIEN)

NOTICE IS HEREBY GIVEN: That, ARB. Inc.. 26000 Commercentre Drive, Lake Forest.

California 92630 (“Claimant”) claims a lien for labor, service, equipment, and/or materials under

Section 8400, et seq., ofthe Civil Code ofthe State of California, upon the premises hereinafter

described, and upon every estate or interest in such structures, improvements and premises held

by any party holding any estate or interest therein.

The labor, service, equipment and/or materials were furnished for the construction ofthose

certain buildings, improvements, or structures now upon those certain parcels of land situated in

the County of Santa Clara, State ofCalifornia, said land described as follows:

R349B MP 12.33-12.87

Gas Mainline Located in between the San Francisquito Channel and the Palo Alto Golf

Course, Nearest address is the Palo Alto Golf Course:

1875 Embarcadero Road, Palo Alto, CA 94303

The lien is claimed for the following kind of labor, services, equipment and/or materials:

Complete retirement of2,950 feet ofexisting 20-inch natural gas transmission pipeline, installation

of approximately 3,218 feet of 24-inch natural gas transmission pipeline, and 131 feet of 20-inch

natural gas transmission pipeline L-101, and related work.

The amount due after deducting all just credits and offsets: $873,023.44.

The name ofthe person or company to whom claimant furnished labor, services, equipment

or materials is: Pacific Gas and Electric Company, 77 Beale Street, 24th Floor, Mail Code B24W,

San Francisco. California 94105.

The owner or reputed owner of said premises is: Pacific Gas and Electric Company, 77 

Beale Street. 24th Floor, Mail Code B24W, San Francisco, California 94105.

790/018579-0185

13975263.1 a07/19/19

Exhibit A, Page 6

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NOTICE OF AMENDED MECHANICS LIEN

ATTENTIONS

Upon the recording ofthe enclosed AMENDED MECHANICS LIEN with the county

recorder’s office ofthe county where the property is located, your property is subject to the

filing of a legal action seeking a court-ordered foreclosure sale ofthe 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 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 CO THE

CONTRACTORS’ STATE LICENSE BOARD WEB SITE AT www.cslb.ca.gov.

Date: July______ , 2019 Claimant: ARB, Inc.

John Perisich

executive Vice President

VERIFICATION

I, John Perisich, the undersigned, state that I am the Executive Vice President ofARB, Inc.,

the claimant named in the foregoing Amended Mechanics Lien. I have read said Amended

Mechanics Lien and know the contents thereof, and I certify that the same is true of my own

knowledge.

I declare under penalty of perjury under the laws of the State of California that the

foregoing is true and correct.

Date: July , 2019 ARB, Inc.

By:

SEEATTACHED PROOF OFSERVICEAFFIDAVITINCORPORATED HEREIN

790/018579-0185

13975263.1 a07/19/19 -2-

Exhibit A, Page 7

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PROOF OF SERVICE AFFIDAVIT

STATE OF CALIFORNIA, COUNTY OF ORANGE

I am employed in the County of Orange. I am over the age of eighteen years and not a

party to the within Amended Mechanics Lien. My business address is 611 Anton Blvd., 14th

Floor, Costa Mesa, California 92626.

On July J , 2019, I served a copy of the enclosed Amended Mechanics Lien and

Notice of Amended Mechanics Lien on the following person(s) by placing true copies thereof

enclosed in sealed envelope(s) and/or package(s) addressed as follows:

Owner or Reputed Owner: Pacific Gas and Electric Company

77 Beale Street, 24th Floor

Mail Code B24W

San Francisco, California 94105

S BY CERTIFIED MAIL and U.S. MAIL: I am “readily familiar” with the firm’s practice

of collection and processing correspondence for Certified Mail and First Class U.S. Mail.

Under that practice it would be deposited with the U.S. postal service on that same day

with postage thereon fully prepaid at Costa Mesa, California, in the ordinary course of

business. I am aware that on motion of the party served, service is presumed invalid if

postal cancellation date or postage meter date is more than one day after date ofdeposit for

mailing in affidavit.

I certify and declare under penalty of perjury under the laws ofthe State of California that

the foregoing is true and correct.

Executed on July , 2019, at Costa Mesa, California.

i. ■■ ' V. . . . . . . . . . \„

Josettc Cann

I J

790/018579-0185

13975263.1 a07/19/19 -3-

Exhibit A, Page 8

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