Aljabban v. Fontana Indoor Swap Meet, Inc. (2020)

Citation: Aljabban v. Fontana Indoor Swap Meet, Inc. (2020)
Parent Document: Aljabban v. Fontana Indoor Swap Meet, Inc. (2020)
Jurisdiction: California (state)
Effective Date: 2020-09-10
Original Source: https://www.courtlistener.com/opinion/4784084/aljabban-v-fontana-indoor-swap-... ↗

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However, the rule stated in those cases is that “[w]here structures are erected
upon land by a mere licensee, consent on the part of the owner of the land
that the structures shall remain the property of the licensee will be implied
in the absence of evidence showing a different intention.” (Taylor, at p. 689,
italics added.) “ ‘[W]here the landowner consents to the placing of a building
on his land by another without an express agreement as to whether it shall
become a part of the realty or remain personalty, an agreement will be
implied that it is to continue personal property.’ ” (Burrill, at p. 407, italics
added.)
      Here, the parties entered into an express agreement concerning how
vendor improvements would be treated, defeating any attempt to imply an
understanding to the contrary. Specifically, the vendor’s permit states,
“Booth construction (i.e. walls, flooring, and security gates) becomes a
permanent fixture with the Swap Meet and may not be removed or
demolished by Vendor upon termination of the license.”
      In short, Aljabban cannot take advantage of the presumption that a
licensee’s improvements to real property remain the property of the licensee
in the absence of evidence or agreement to the contrary, because in this case
there is plainly evidence and agreement to the contrary. Therefore, regardless
of whether Aljabban was a licensee, we must turn to the terms of the parties’
agreement to resolve whether Aljabban had the right to take the Items upon
vacating space H-2.
      2.    The Items Were Permanent Fixtures Under the Terms of the
            Parties’ Agreement and the Applicable Law

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