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decedent and FNF intended that the business be located
permanently on the leased premises. There is no evidence that
the improvements were intended to be transitory or temporary.
Further, we find that these improvements became an integral
part of the premises because the improvements were being used for
a purpose instrumental to the premises’ purpose; i.e., to process
nuts.
By contrast, we hold that the fumigation chamber (5) and the
water tanks (6) are removable trade fixtures within the meaning
of California Code section 1019. The fumigation chamber and the
water tanks are not affixed to the ground and could be easily
removed. These improvements, by the manner they were placed on
the premises, were never intended to become part of the realty.
We do not find that these improvements became an integral part of
the premises.
In reaching all of our holdings herein, we have considered
all arguments made by the parties, and, to the extent not herein
discussed, we find them to be irrelevant or without merit.
To reflect the foregoing,
Decision will be
entered under Rule 155.
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Last modified: May 25, 2011