Marriage of Andary CA6

I. BACKGROUND2

A. The Andary Brothers’ First Gas Station In 1989, nearly a decade before the parties married, Sam’s brother Albert Andary began operating a gas station franchise named “Al’s Exxon” on Mowry Avenue in Fremont, California (Mowry). Although Albert was the only named franchisee, Sam and his brothers Tony Andary and Bill Andary were “silent investors,” and the four brothers held equal 25 percent shares in the business. In 1993, when Exxon sought to terminate franchise agreements with Al’s Exxon and others, Albert and other franchisees successfully sued Exxon, which then agreed to retain the Al’s Exxon franchise.

B. TABS

In June 1997, a year before the parties’ marriage, Sam, Albert, and Bill incorporated TABS, a name formed using the first initials of the Andary brothers (Tony, Albert, Bill, and Sam). TABS took over from Albert as the franchisee for the Mowry gas station. Although only Sam, Bill, and Albert were initially listed as owners, the brothers testified that Tony was a “silent” owner. In 2014, Tony was formally included in the ownership of TABS, and each brother thereafter formally owned equal 25 percent

2 Respondent filed a motion to augment the record on…