In Re Marriage of Foster

In this dissolution of marriage proceeding the primary question presented on appeal is whether the trial court used a proper method of evaluating the goodwill attributable to appellant’s medical practice. It is conceded by appellant that any goodwill attributable to his medi cal practice is community property. A determination by us that a proper evaluation method was used by the trial court requires that we decide whether the evidence is sufficient to support the lower court’s evaluation.

Commencing in August 1966 appellant became associated with Dr. Smalley in a'medical practice in Willits, California, at a compensation which included a monthly salary of $1,750' and an additional sum of $100 per month for car expense. This association continued for approximately nine months when appellant and Dr. Smalley formed a partnership for the practice of general medicine. On January 1, 1971, the partnership was incorporated as the “Willits Medical Group.” The corporation was dissolved in August 1971 and Dr. Smalley and appellant went their separate ways, each to pursue an individual medical practice in Willits. On June 1, 1972, appellant opened a new office location. It contained…