City of Los Angeles v. Siegel

KINCAID, J. pro. tem.

*

Appellant, Jack B. Siegel, has appealed from the judgment entered as to Parcel No. 32AA in the above entitled condemnation action involving the acquisition by plaintiff of certain real property for public street purposes. Appellant is the assignee of and successor to the right, title and interest of Gerald Zukor, the lessee of a ground lease on the property designated as Parcel No. 32AA, from the lessor and owner Frances Manzo. Two buildings were constructed on the property, one being used as a restaurant and the other formerly as a liquor store, but at the time of the commencement of the condemnation action as a real estate office.

Evidence was received, including testimony of the owner, appellant and an expert valuation witness, as to whether certain items of restaurant and store equipment located within the buildings were annexed thereto; as to their adaptability to the use and purpose for which the realty was being used and the intention of the parties making the annexation.

[984]

The court thereupon made its findings:

“1. The following items only were found by the Court to be fixtures and a part of the real estate by reason that these were the only items which were permanently attached to the premises by means of cement, plaster, nails, bolts or screws:

“range hood

“florescent

[sic]

fixtures

“three restaurant counters

“restaurant walk-in refrigerator

“shelving

“liquor store reach-in walk-in refrigerator

‘ ‘ 2. All other items were found to be personal property and not compensable. ’ ’

Appellant complains that even though the items found by the court to be personal property and not compensable are not fixtures and therefore not part of the real estate taken, they are items of restaurant equipment essential and integral to the restaurant business and when separated from the total restaurant operation were rendered second-hand and greatly reduced in value.