Contract analysis

I. PURPOSE OF MEMORANDUM The purpose of this memorandum is fourfold. First, it summarizes the progress and outcomes from Mediation Session 2, which was held on December 15, 2023, before the Honorable Constance M. Yee (Ret.) at Pacific Coast Dispute Resolution Services, located at 801 South Figueroa Street, Suite 1250, Los Angeles, California 90017. Second, it outlines the emerging settlement framework on which both p

II. MEDIATION SESSION 2 — SUMMARY OF PROCEEDINGS A. Attendance. The following individuals were present or participated in the December 15, 2023 mediation session: For Petitioner (Ms. Fonseca): • Marguerite D. Fonseca, Petitioner • Devon Archer, Lead Associate, Calderwood & Harkness LLP • Nadia Petrov, Associate, Calderwood & Harkness LLP For Respondent (Mr. Medrano): • Rafael J. Medrano, Respondent • Gwendolyn R. Kwa

III. EMERGING SETTLEMENT FRAMEWORK — KEY TERMS The following sections describe the emerging settlement framework that has taken shape over the course of Mediation Sessions 1 and 2. For each term, I note whether the item was agreed in Session 1, Session 2, or both, and identify any caveats or open issues that remain. A. Legal Custody Legal custody was agreed in principle at Session 1 and confirmed at Session 2. The pa

1. School-Year Timeshare. The parties have reached agreement on a physical custody framework providing for joint physical custody with primary residence with Ms. Fonseca at her current address: 1742 Laurel Canyon Boulevard, Unit 3A, Studio City, California 91604. Mr. Medrano resides at 905 Tujunga Avenue, Apartment 210, North Hollywood, California 91601, which is approximately 3.2 miles from Ms. Fonseca's residence a

2. Summer Schedule. The summer schedule was agreed in principle during Session 1 and reconfirmed at Session 2 without material modification. During the ten-week summer break (approximately 70 days, based on the Ridgeview Academy academic calendar), custodial time is split equally, with each parent receiving 35 overnights. The parties will alternate first choice of summer weeks on an annual rotating basis, with Ms. Fo

3. Holiday Rotation. The parties have agreed in principle to an alternating annual holiday schedule on an even-year/odd-year basis. The holidays subject to this rotation include Thanksgiving, winter break (to be split into two halves), spring break, and each parent's designated personal holidays (including children's birthdays, Mother's Day, Father's Day, and certain cultural holidays). The following framework has be

1. Income Figures. Both sides have now accepted the income figures to be used for purposes of the guideline child support calculation. This represents a significant development, as Mr. Medrano's income had been a contested issue through much of the pre-mediation discovery process. The agreed income figures are as follows: Ms. Fonseca's Gross Monthly Income: $72,500. This figure is based on Ms. Fonseca's total annual

2. Guideline Calculation. Based on the agreed timeshare of approximately 63.6% to Ms. Fonseca and 36.4% to Mr. Medrano, and the income figures described above, the DissoMaster guideline calculation yields a child support obligation of $1,274 per month, payable by Ms. Fonseca to Mr. Medrano. This calculation accounts for two minor children: Isabela Luz Fonseca-Medrano (DOB February 11, 2017, age 6) and Mateo Elías Fon

3. Proposed Deviation. During Session 2, Mr. Medrano's counsel agreed to accept a deviation below the guideline child support amount in exchange for a more favorable allocation of extracurricular and enrichment activity costs. This trade-off was the product of the creative packaging approach facilitated by Hon. Yee, as noted in Section II.C above. The agreed child support figure is $1,100 per month, payable by Ms. Fo

1. Tuition — Ridgeview Academy. The parties have agreed that both children will continue their enrollment at Ridgeview Academy, a private school located at 4515 Sepulveda Boulevard, Sherman Oaks, California 91403. The current annual tuition for each child is as follows: • Isabela Luz Fonseca-Medrano (first grade): Annual tuition of $32,400. • Mateo Elías Fonseca-Medrano (pre-kindergarten): Annual tuition of $26,800.

2. Extracurricular and Enrichment Activities. The parties have agreed in principle that costs for the children's extracurricular and enrichment activities will be split 60% Mr. Medrano and 40% Ms. Fonseca, subject to a cap of $1,500 per child per quarter. This allocation is intentionally disproportionate to Mr. Medrano's income share and serves as the quid pro quo for the $174 per month deviation below guideline chil

I. Annual Review / Modification Provision The parties have agreed in principle that child support will be subject to review on the anniversary of the order or upon a material change in circumstances, whichever occurs first. For purposes of this provision, a "material change in circumstances" is defined as a change in either parent's gross income exceeding 15% (whether an increase or decrease) or a change in the actua

IV. REMAINING OPEN ISSUES FOR SESSION 3 While the core custodial and economic framework is now substantially agreed, the following open issues remain to be resolved before or during Mediation Session 3, currently scheduled for January 19, 2024. Each issue is discussed below, together with our recommended position and strategy. A. Holiday Schedule Details The holiday rotation has been agreed in principle on an even-ye

V. MINOR'S COUNSEL INPUT Minor's Counsel, Tessa L. Brannigan, Esq., participated by telephone during the joint session and a brief caucus session on December 15, 2023. Her participation, while limited in duration, provided valuable input on the emerging framework. The following summarizes her key observations and requests: Ms. Brannigan expressed general support for the emerging settlement framework. She noted that t

VI. FINANCIAL SUMMARY — SUPPORT AND COST-SHARING OVERVIEW The following table summarizes the key financial terms of the emerging settlement framework: Summary of Ms. Fonseca's Annual Financial Obligations: • Child support: $13,200 per year • Tuition (Ridgeview Academy): $41,440 per year • Extracurricular activities (estimated, based on current activity levels and 40% share): approximately $4,500 to $5,200 per year •

VII. RECOMMENDED NEXT STEPS A. Preparation for Session 3 Mediation Session 3 is currently scheduled for January 19, 2024, at Pacific Coast Dispute Resolution Services. In preparation for the session, we recommend the following: First, we should prepare a focused mediation brief addressing each of the open issues identified in Section IV above, with specific proposed language for each provision. The brief should prese

VIII. CONCLUSION Mediation Session 2 yielded substantial and meaningful progress toward a comprehensive resolution of this custody and child support matter. The core economic and custodial framework is now largely agreed, including joint legal custody with educational tie-breaking authority to Ms. Fonseca, a 63.6/36.4 timeshare, child support of $1,100 per month (below guideline), tuition cost-sharing at 70/30, and a