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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)

[Kern County, Document No. 219163920]

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:

/ / /

/ / /

/ / /

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NOTICE OF CONTINUED PERFECTION OF 

AMENDED MECHANICS LIEN

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 Kern, State of California (the “Property”) and 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 $175,432.00, exclusive of accruing interest and other charges. Before 

the Petition Date, on January 25, 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 $175,432.00 in the Official Records of Kern County, State of 

California, as Document No. 219008685 (“Initial Mechanics Lien”).

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

August 28, 2019, is at least $84,568.39, exclusive of accruing interest and other charges.

Accordingly, on August 28, 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 

$84,568.39 in the Official Records of Kern County, State of California, as Document No. 

219110407 (“First Amended Mechanics Lien”).

4. On December 5, 2019, ARB further amended its lien claim by removing the 

Property street address identified in the lien and replacing the Property description with 

“Gas Distribution Regulator Station located at Gosford Road and Houghton Road, 

Bakersfield, California,” and ARB 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 $84,568.39 in the Official Records of Kern County, 

State of California, as Document No. 219163920 (“Second Amended Mechanics Lien”), a 

true copy of which is attached hereto as Exhibit A.

5. 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

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NOTICE OF CONTINUED PERFECTION OF 

AMENDED MECHANICS LIEN

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).

6. 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. 599] 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”).

7. Due to the amendment of ARB’s Initial Mechanics Lien, ARB provided 

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

lienholder in the Property by filing a Notice of Continued Perfection of Amended 

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

Mechanics Lien [Dkt. No. 4098] 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 (“First 

Amended Notice of Continued Perfection”).

8. Due to the further amendment of ARB’s First Amended 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 this notice (“Second Amended Notice of Continued Perfection”) to preserve, 

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NOTICE OF CONTINUED PERFECTION OF 

AMENDED MECHANICS LIEN

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, the 

First Amended Notice of Continued Perfection, and this Second Amended Notice of 

Continued Perfection 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, the First Amended Notice of Continued Perfection, and this Second 

Amended Notice of Continued Perfection, 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.

9. The filing of the Initial Notice of Continued Perfection, the First Amended 

Notice of Continued Perfection, and this Second Amended Notice of Continued Perfection 

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.

10. The filing of the Initial Notice of Continued Perfection, the First Amended 

Notice of Continued Perfection, and this Second Amended Notice of Continued Perfection 

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.

/ / /

/ / /

/ / /

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NOTICE OF CONTINUED PERFECTION OF 

AMENDED MECHANICS LIEN

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

Second Amended Notice of Continued Perfection.

Dated: January 6, 2020 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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Exhibit A, Page 6

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Exhibit A, Page 7

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Exhibit A, Page 8

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Exhibit A, Page 9

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Exhibit A, Page 10

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