People v. Lucas

BRAY, J.

Defendants appeal from a condemnation action judgment in their favor in the sum of $226,000.

Questions Presented

1. Was the value of “trade fixtures” included in the judgment?

2. Alleged restriction of cross-examination.

The property condemned is % acre at Walnut Creek. The main improvements consist of two buildings, serving as automobile agency salesrooms and repair shops and a gasoline station. The balance of the property served as a used car lot and storage space. Affixed in and out of the buildings were

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certain special in place improvements used in connection with the businesses on the property. These consisted of a suction fan, underground oil tank, specialized air piping, hoists, underground gasoline tanks, wash rack, special electric wiring, lubrication rack.

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Also located on the property in conjunction with its use were site improvements consisting of paving, sidewalks, curbs, wire fences, sign poles, bulkhead and flood lights.

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Defendants contend that the most of the items contained in these two groups were “trade fixtures” and personal property and were not included in the judgment. Defendants ask that the judgment be reversed and the case returned to the trial court upon the issue of damages alone and “for clarification of the instant judgment.”

1.

The Fixtures.

We deem it unnecessary to determine whether or not the fixtures were personal property nor to discuss the cases cited by defendants in support of their contention on this subject, for the reason that it clearly appears from the record that the value of these fixtures was an issue in the case, submitted to the jury and included in the verdict and judgment. It is true that the complaint and instructions made no specific reference to fixtures as the property to be taken. However, the verdict, the findings of fact, the judgment in condemnation, and the final order of condemnation, all use the phrase “ [the property] and all improvements thereon pertaining to the realty.” This is the same language used in section 1248, Code of Civil Procedure, which says the duty of the jury is to ascertain and assess: “The value of the property sought to be condemned, and all improvements thereon pertaining to the realty. ...” Moreover, the parties at the trial used the word “improvements” as including these fixtures. Plaintiff’s counsel in examining its own experts asked many times for a breakdown of the valuation of. the various fixtures and site improvements. The direct and cross-examination of the defendants’ witnesses also demonstrates that the fixtures and site improvements were valued as part of the real property. Thus defendants’ expert witnesses Hamlin and Sehreiber put a value on fixtures Number 1 of $5,085 and $6,771.25, respectively. Fixtures Number 2 Hamlin valued at $7,546.75. They