- 15 - 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.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15
Last modified: May 25, 2011