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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13     In Daniger v. Hunter (1952) 114 Cal.App.2d 796, 797, the court came to
an opposite conclusion about a unique type of appliance unit that “consisted
of a gas stove, a sink and a refrigerator, the three fitting together as one
unit.” Analyzing the fixture issue in the context of an action to foreclose a
mechanic’s lien, the court explained, “[i]t seems quite clear that electrical
appliances such as refrigerators and stoves are personal property and do not
become a part of the realty where, as here, they are movable and can be
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      “The mere fact that” fixtures “can be removed without material
damage” to the real property “does not alone establish their character as
articles of personalty. . . . [¶] . . . In order to make an article a permanent
accession to the land its annexation need not be perpetual. It is sufficient if
the article shall appear to be intended to remain where fastened until worn
out, until the purpose to which the realty is devoted has been accomplished or
until the article is superseded by another article more suitable for the
purpose.” (San Diego Trust & Savings Bank v. San Diego County (1940) 16
Cal.2d 142, 151 (San Diego Trust).) “[W]hatever is essential for the purposes
for which the building is used, will be considered as a fixture, although the
connection between them may be such that it may be severed without
physical or lasting injury to either.” (Fratt v. Whittier (1881) 58 Cal. 126,
131.) As one treatise explains, “If the personalty attached to the realty has a
use beneficial and necessary to the real property or to the portion to which it
is attached, it is likely to be held to be a fixture, regardless of the method of
its attachment.” (3 Miller & Starr, Cal. Real Estate (4th ed.) § 9:45.)
Although Civil Code section 660 refers to attachment “as by means of cement,

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