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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12     Civil Code section 1019, which applies to a landlord/tenant
relationship, 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 thing has, by the
manner in which it is affixed, become an integral part of the premises.” The
question whether an item affixed to real property constitutes a permanent
fixture arises in numerous circumstances, not only cases involving landlords
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      “ ‘It is well settled that in determining whether an article constitutes a
fixture, three criteria must be taken into consideration: (1) the manner of its
annexation to the realty; (2) its adaptability to the use and purpose for which
the realty is used; and (3) the intention with which the annexation is made.’ ”
(Crocker National Bank v. City and County of San Francisco (1989) 49 Cal.3d
881, 887.) Accordingly, as our Supreme Court has explained, “[w]hether a
water heater is realty or personalty is, of course, a question of fact, . . . and
various factors must be considered, such as the manner of its annexation, its
adaptability to the purpose for which the realty is used, and the intention of
the party making the annexation.” (Knell v. Morris (1952) 39 Cal.2d 450,
456, citation omitted.) In Knell, our Supreme Court held that “it can
reasonably be inferred that the heater was attached to the building by means
of gas and water pipes, and the evidence, although meager, is sufficient to
permit a finding that the heater was permanently affixed to the realty and
was adapted to the purpose for which the premises were used,” thus

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