Kozen

Kozen v. Kozen

Good Law
185 Cal. App. 3d 1258·1986 Cal. App. LEXIS 2077·230 Cal. Rptr. 304
Court of Appeal of CaliforniaSeptember 29, 1986Nos. B008375, B009412California1,807 words

Opinion

Lead Opinion

Woods, J.

In this marital dissolution action, James Kozen (husband) is appealing the trial court’s award to June Kozen (wife) of the larger of the two family businesses, and its order that he pay over $100,000 in wife’s attorney’s and accountant’s fees. We find no abuse of discretion, and therefore affirm.

The record shows that husband and wife separated in 1981, following 131/2 years of marriage. At the time of the April 1984 dissolution proceedings, wife had not worked outside the home for fifteen years; earlier in her life, she had been employed as a hairdresser for six or seven years.

In 1976, husband entered into a partnership with Leonard Allenstein to operate Burger King Restaurant franchises. The partnership opened one such restaurant in Hollywood and another in Agoura. Husband became the operator of the highly profitable Hollywood restaurant. He and Allenstein entered into an agreement in 1984 under which husband received the Hollywood franchise and Allenstein the Agoura franchise. The agreement required husband to borrow $227,000, on which he paid interest payments of $3,100 per month, with the principal due on December 15, 1984.

Husband also entered into a…

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