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 

311 California Street 

San Francisco, California 94104 

Telephone: 415.956.2828 

Facsimile: 415.956.6457 

Attorney 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 

11 U.S.C. § 546(b)(2), as follows: 

Case: 19-30088 Doc# 2441 Filed: 06/06/19 Entered: 06/06/19 15:35:49 Page 1 of

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NOTICE OF CONTINUED PERFECTION OF MECHANIC LIEN PURSUANT TO 11 U.S.C. § 546(b)(2) - 

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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 Alameda, State of California (the “Property”) and owned by 

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

2. Through March 12, 2019, the amount owing to NAFR is at least

$24,208.20. 

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 the Alameda 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 

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

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NOTICE OF CONTINUED PERFECTION OF MECHANIC LIEN PURSUANT TO 11 U.S.C. § 546(b)(2) - 

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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: June 3, 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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