Contract analysis

From: Devon Archer <darcher@calderwoodharkness.com> To: "Marguerite D. Fonseca" <mfonseca@personal-email.com> Cc: Priya Anand <panand@calderwoodharkness.com> Date: Tue, 18 Jul 2023 02:47:00 -0000 Subject: Custody Evaluation – Process Overview and Preparation Guidance [PRIVILEGED & CONFIDENTIAL]

I hope you're doing well. I'm writing to give you a thorough overview of the custody evaluation process now that the court has formally signed the order appointing the evaluator. I know this is a lot of information, but I want you to feel fully prepared and confident going into this phase. Please don't hesitate to reach out with any questions — I'm happy to walk through any of this by phone as well.

**1. Appointment of the Custody Evaluator**

As we discussed, the stipulation and order for the appointment of a custody evaluator was filed on July 14, 2023, in Case No. 22STFL09847 (Superior Court of California, County of Los Angeles). The court has signed the order appointing **Dr. Elena V. Sorensen, Psy.D.** (CA License No. PSY 24891) of Sorensen Family Behavioral Health, P.C., located at 15233 Ventura Boulevard, Suite 420, Encino, CA 91436, as the custody

As you know, both sides agreed to Dr. Sorensen's appointment — Mr. Medrano's counsel at Kwan, Delacroix & Samuels LLP stipulated to the selection. Minor's Counsel, Tessa L. Brannigan, has also been informed of the appointment. We feel very good about Dr. Sorensen; she is well-regarded and thorough, and her reports carry significant weight with the court.

A copy of the signed stipulation and order was previously provided to you. If you need another copy, please let me know and I'll forward it right away.

The total fee for the custody evaluation is **$18,500**, to be split equally between the parties. Your share is **$9,250**. We will advance this cost on your behalf from the retainer currently held by Calderwood & Harkness, and the charge will be reflected on your next billing statement. Mr. Medrano is responsible for paying his $9,250 share directly to Dr. Sorensen's office.

**3. Overview of the Custody Evaluation Process**

Custody evaluations in California are governed by the Family Code and are designed to assess the **best interests of the children** — here, Isabela (age 6) and Mateo (age 3). Dr. Sorensen will conduct the evaluation over the coming weeks, and we anticipate the process will take approximately 10 to 12 weeks, with the completed report delivered to counsel and the court by early fall.

The evaluation involves several components, which I've outlined below so you know what to expect:

**a. Individual Interviews with Each Parent**

Dr. Sorensen will schedule separate, in-depth interviews with you and with Mr. Medrano. These interviews will cover your parenting history, your relationship with each of the children, daily routines, co-parenting communication, and your perspectives on custody arrangements. You should expect multiple sessions, each lasting approximately 1.5 to 2 hours.

**b. Observation of Parent-Child Interactions**

Dr. Sorensen will observe each parent interacting with both Isabela and Mateo. These observations will likely include both structured and unstructured settings — for example, she may ask you to engage in a specific activity with the children, and she may also simply observe you in a more natural, free-play environment.

Dr. Sorensen will visit both your residence at 1742 Laurel Canyon Boulevard, Unit 3A, Studio City, and Mr. Medrano's residence at 609 Moorpark Street, Apt. 12, North Hollywood. The purpose is to observe the children's living environment in each home.

A few notes on this: please have the home in its **normal, lived-in state**. You do not need to stage anything or make things look "perfect." Dr. Sorensen wants to see a real home where children live comfortably. Make sure the children's rooms, play areas, and common spaces are accessible. Both Isabela and Mateo should be present for at least one of the home visits.

Dr. Sorensen may conduct age-appropriate conversations with Isabela, who is 6 and in first grade at Ridgeview Academy, and potentially with Mateo as well, though interviews with three-year-olds are naturally more limited in scope. Please know that these are typically gentle, play-based interactions rather than formal questioning. Dr. Sorensen is experienced with young children and will make them feel at ease.

Dr. Sorensen will likely reach out to third parties who have relevant knowledge of your family. These may include teachers or administrators at Ridgeview Academy (4515 Sepulveda Boulevard, Sherman Oaks), the children's pediatrician, therapists, family members, or close friends.

**I would like you to prepare a list of 3 to 5 collateral contacts** you would like Dr. Sorensen to speak with — people who can speak knowledgeably to your parenting, your relationship with the children, and the children's overall well-being. Please send that list to me at your earliest convenience, and we will provide it to Dr. Sorensen's office. Mr. Medrano will also be submitting his own collateral contact list.

Dr. Sorensen may administer standardized psychological instruments to each parent, such as personality inventories and parenting assessments. This is entirely routine in custody evaluations, and there is nothing to be alarmed about. We can discuss this further if you have questions.

This is the most important section of this email. How you present yourself during the evaluation matters a great deal, and I want to share some guidance that I give to all of my clients in this situation:

- **Be honest and forthcoming.** Dr. Sorensen is a trained forensic psychologist and is skilled at detecting inconsistencies. Candor is essential — even when discussing difficult topics. If there is something unflattering or complicated, it is far better for her to hear it from you directly and in context than to learn about it from another source.

- **Focus on the children.** Frame your responses in terms of Isabela's and Mateo's needs, routines, and well-being. The evaluation is about them, and Dr. Sorensen will take note of a parent who consistently centers the children in their thinking.

- **Do not disparage Mr. Medrano.** I cannot stress this enough. Evaluators view a parent's willingness to support the children's relationship with the other parent as a significant positive factor. Where appropriate, acknowledge Mr. Medrano's strengths as a parent. You can share your concerns factually and specifically without resorting to broad negative characterizations.

- **Be prepared to discuss the history of the informal custody arrangement** and how it broke down in early 2023 when Mr. Medrano accepted the seven-week on-location shoot in Vancouver. Present this factually, not emotionally. We can do a practice run of this narrative before your first session if that would be helpful.

- **Document the children's routines.** Be ready to describe daily schedules in detail — school drop-off and pick-up, extracurricular activities, bedtime routines, homework help (for Isabela), medical and dental appointments, and how you manage day-to-day caregiving. The more specific and detailed you can be, the better.

- **Be yourself during home visits.** The evaluator wants to see the natural dynamic between you and the children, not a performance. Interact with Isabela and Mateo the way you normally would.

- **Do not discuss the evaluation with Mr. Medrano** or attempt to coordinate responses in any way. The evaluation must be conducted independently.

- **Do not coach the children.** This is critical. Under no circumstances should you discuss the evaluation with Isabela or Mateo, tell them what to say or how to behave, or ask them about their time with Dr. Sorensen afterward. Evaluators are trained to recognize when a child has been coached, and it reflects very poorly on the parent responsible.

Dr. Sorensen's office will reach out to you directly to schedule your interviews and home visits. Please be as **flexible and responsive** as possible when they contact you. Cooperativeness with the evaluation process is itself something evaluators note.

If you have scheduling conflicts due to your work obligations at Luminos Entertainment Group, please let me know right away so we can coordinate with Dr. Sorensen's office on your behalf. We want to avoid any delays.

Please also note that the **temporary custody order entered on May 30, 2023** — providing for a 60/40 timeshare in your favor — remains in full effect during the evaluation period. Nothing changes about your current arrangement while the evaluation is ongoing.

I want to remind you that the evaluation process and the eventual report are **confidential**, consistent with the sealing order in the case (pursuant to Cal. Rules of Court, Rule 2.550 et seq.). The report will be shared with counsel for both parties, Minor's Counsel (Ms. Brannigan), and the court, but it **should not be disclosed to any third parties**. Please do not share the contents of the evaluation — or even t

**7. Role of the Evaluation in the Broader Case**

I want to give you some context for why this evaluation is so important. The custody evaluation report will be a **significant factor** in any settlement discussions or, if the case proceeds to a contested hearing, in the court's determination. Judges in Los Angeles County rely heavily on these reports, and a well-supported recommendation from Dr. Sorensen will carry considerable weight.

Our plan remains to use the evaluation as a foundation for mediation, which we anticipate scheduling with Hon. Constance M. Yee (Ret.) at Pacific Coast Dispute Resolution Services once the report is received. A strong evaluation will meaningfully support your position for the custody and timeshare arrangement you are seeking and will put us in an excellent posture going into those discussions.

Please begin putting together your list of 3 to 5 collateral contacts and send that to me when it's ready. I'd also like to offer to **schedule a brief call** before your first session with Dr. Sorensen so we can talk through everything in more detail and answer any questions that come up as you sit with all of this.

Marguerite, I know this process can feel intrusive and stressful, but please know that you are in a strong position and that we are with you every step of the way. Priya, Nadia Petrov, and I are all available to support you throughout the evaluation. Please don't hesitate to call or email anytime — there are no small questions during this phase.

**Devon Archer** Associate Calderwood & Harkness LLP 777 South Flower Street, Suite 3400 Los Angeles, CA 90017 T: (213) 555-0274 E: darcher@calderwoodharkness.com Matter No. 1035-00002

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