Chevron U.S.A. Inc v. Frydoun Sheikhpour

Filing 181

MINUTES (IN CHAMBERS): ORDER Prohibiting Defendant from Removing Underground Storage Tanks by Judge Philip S. Gutierrez: Pending before the Court are (1) Plaintiff's Motion for an Order Prohibiting Defendant From Removing Underground Storage Tan ks; and (2) Defendant's Motion for an Order Clarifying Rights to Remove Personal Property. The Court finds this matter appropriate for decision without oral argument. See Fed. R. Civ. P. 78; L.R. 7-15. After considering the moving and opposing p apers in support of these motions, the Court agrees with Plaintiff that Defendant is not entitled to remove the fuel tanks from the property and GRANTS Plaintiff's motion.....Accordingly, based on the foregoing principles of contract interpretat ion and California law, the Court holds as follows: (1) The underground gasoline storage tanks presently located at the Manhattan Beach service station at issue (the "Property") are fixtures which stay with the Property as part of the parti es' repurchase agreement, rather than the "personal property" of Defendant Sheikhpour; and (2) Sheikhpour does not own, and is therefore prohibited from removing, any and all underground storage tanks presently located at the Property. re: 171 174 173 Motion (PLEASE REVIEW DOCUMENT FOR FULL AND COMPLETE DETAILS) (lw)