Bascou

Appellant Lucien Bascou appeals from a court judgment (jury waived) denying recovery for the value of industrial equipment on property involved in this condemnation action.

Question Presented

The date of service of summons is the proper date for determining appellant’s interest in the equipment involved herein and the date of trial of the action is the proper date of determination of its value.

Facts

In February 1956 defendant Bernice L. Ritchie leased to appellant Lucien Bascou certain premises in Stockton for a term of three years, with the right to remove the equipment. Written extensions of the lease were executed, the last one expiring March 31, 1968. On November 10, 1967, this action in condemnation was commenced against the Ritchie property and summons issued, Mrs. Ritchie and appellant being joined as defendants. The record does not show the date of service of summons, but at oral argument counsel agreed that it was shortly after its issuance.

From April 1, 1968, until August 31, 1968 (approximately nine months after the issuance of summons herein) appellant occupied the premises under an oral month-to-month tenancy. During his tenancy appellant had built a…