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the leased premises, regardless of whether the tenant placed the
fixtures there at his own expense. Cal. Civ. Code sec. 1013
(West 1982).7 Where fixtures are placed on leased premises for
the purposes of trade (trade fixtures), however, a tenant has a
limited right to remove those fixtures. We look to California
Code section 1019 to define removable trade fixtures because the
lease failed to provide a definition.8 Realty Dock & Improv.
Corp. v. Anderson, 174 Cal. 672, 676 (1917). Whether the
improvements are removable trade fixtures within the meaning of
the law is a question of fact. Borchers Bros. Co. v. Ciaparro,
211 Cal. 507, 511 (1931). The definition of a removable trade
fixture is codified in California Code section 1019 which
provides:
A tenant may remove from the demised premises, any
time during the continuance of his term, anything
affixed thereto for purposes of trade, manufacture,
ornament, or domestic use, if the removal can be
effected without injury to the premises, unless the
7 California Civil Code sec. 1013 provides:
When a person affixes his property to the land of
another, without an agreement permitting him to remove
it, the thing affixed, except as otherwise provided in
this chapter, belongs to the owner of the land, unless
he chooses to require the former to remove it or the
former elects to exercise the right of removal provided
for in Section 1013.5 of this chapter.
8 California law allows parties to classify their property
between themselves, and the law will respect such agreements.
Md. Cas. Co. v. Knight, 96 F.3d 1284, 1291 (9th Cir. 1996)
(citing Goldie v. Bauchet Props., 15 Cal. 3d 307, 313 (1975)).
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