Wait strike that on my 4th time around testing the upgrade I copied some stuff around ALRIGHT so to recap what fixed this for me was

if  not exists(select * from PortalLanguages where PortalID=@PortalID) 
so I changed that to
if  not exists(select * from {databaseOwner}{objectQualifier}PortalLanguages where PortalID=@PortalID) 

AND
than the fix with added the Qualifiers to
UPDATE {databaseOwner}{objectQualifier}Lists SET SystemList = 'True' WHERE ListName = 'DataType'

and now I don't get any errors reported when upgrading to 5.2.1