Contract analysis

I. INTRODUCTION AND RECITALS This Stipulation and [Proposed] Order to Seal Court File ("Stipulation") is entered into by and between Petitioner Marguerite Delphine Fonseca ("Petitioner"), by and through her attorneys of record, Calderwood & Harkness LLP (Devon Archer, Lead Associate; Priya Anand, Partner), 777 South Flower Street, Suite 3400, Los Angeles, California 90017, and Respondent Rafael Joaquín Medrano ("Resp

II. LEGAL BASIS FOR SEALING A. Governing Authority The sealing of court records in the Superior Court of California is governed by California Rules of Court, Rule 2.550 et seq. These rules establish a comprehensive framework balancing the public's constitutional right of access to court records against countervailing interests that, in appropriate cases, justify sealing. Rule 2.550(c) provides that a court record mus

III. GROUNDS FOR SEALING — STATEMENT OF OVERRIDING INTERESTS The Parties respectfully submit that the following overriding interests, individually and collectively, overcome the right of public access to the court records in this matter and satisfy each of the requirements of California Rules of Court, Rule 2.550(d). A. Privacy of the Minor Children The most compelling overriding interest supporting the sealing of th

IV. SCOPE OF PROPOSED SEALING ORDER A. Records to Be Sealed The Parties respectfully request that the Court order the sealing of the entire court file in Case No. 22STFL09847, including but not limited to the following documents:

1. All pleadings, declarations, memoranda of points and authorities, and supporting documents filed or to be filed in this action;

2. The Request for Order re Custody and Child Support filed by Petitioner on May 2, 2023;

3. The Declaration of Marguerite D. Fonseca in Support of Request for Order, filed May 2, 2023;

4. The Income and Expense Declaration (Judicial Council Form FL-150) of Petitioner, filed May 2, 2023;

5. The Income and Expense Declaration (Judicial Council Form FL-150) of Respondent, filed on or about May 22, 2023;

6. The Responsive Declaration of Rafael J. Medrano, filed on or about May 22, 2023, and all supporting exhibits;

7. The Temporary Custody Order entered by the Court on May 30, 2023;

8. The Stipulation and Order for Appointment of Custody Evaluator filed July 14, 2023;

9. This Stipulation and [Proposed] Order to Seal Court File;

10. The custody evaluation report of Dr. Elena V. Sorensen, Psy.D., when filed with the Court;

11. Any future stipulations, motions, requests for order, responsive declarations, reply declarations, financial disclosures, subpoenaed records, or other documents filed in connection with this matter;

12. Any orders of the Court filed in this matter, except as set forth in subsection B below;

13. Any settlement agreements, stipulated judgments, or other agreements filed in connection with this matter; and

14. All attachments, exhibits, and appendices to any of the foregoing documents. B. Exceptions. The Parties recognize that certain minimal information regarding the existence of the case may need to remain publicly accessible. Accordingly, the Parties propose the following exceptions to the sealing order:

1. The docket or register of actions maintained by the Clerk of the Court may remain publicly accessible to the extent it reflects only the case number, the names of the parties, and the dates of filings, without any substantive content, descriptions, or summaries of the documents filed. In the alternative, if the Court deems it appropriate and consistent with applicable law, the Parties respectfully request that eve

2. Any order of the Court itself, to the extent required by law to be publicly accessible, may be filed in redacted form, omitting all financial details (including income, asset, and support figures), residential addresses, and any information identifying the Minor Children's school, healthcare providers, or other sensitive identifying information. Any such redacted order shall be prepared by counsel for the Parties

1. The sensitive information requiring protection—including details about the Minor Children's living arrangements, psychological well-being, educational placement, and relationships with each parent; the Parties' financial circumstances; and the custody evaluation process and findings—is not confined to discrete, identifiable passages. Rather, this information is interwoven throughout every filing in the court file,

2. Redaction of the sensitive information from individual documents would render those documents unintelligible, as the redacted material constitutes the core substantive content of the filings.

3. The volume and complexity of the filings, both existing and anticipated, would make a document-by-document, page-by-page redaction process extraordinarily burdensome, time-consuming, and costly, without meaningfully advancing the right of public access, as the redacted versions of the documents would contain little or no substantive information of public interest.

4. Given the Parties' professional prominence, even partially redacted documents could be pieced together by media outlets or members of the public to reconstruct the sensitive information the sealing order is intended to protect, thereby defeating the purpose of the sealing. For all of these reasons, the Parties respectfully submit that sealing of the entire court file is the least restrictive means adequate to prot

V. STIPULATION TERMS The Parties hereby stipulate and agree as follows: A. Joint Request Both Petitioner Marguerite Delphine Fonseca and Respondent Rafael Joaquín Medrano jointly request that the Court seal the court file in Case No. 22STFL09847 pursuant to California Rules of Court, Rule 2.550 et seq., on the grounds and for the reasons set forth in this Stipulation. This joint request is made freely, voluntarily, a

1. Petitioner Marguerite Delphine Fonseca and her attorneys of record at Calderwood & Harkness LLP, and any successor counsel of record for Petitioner;

2. Respondent Rafael Joaquín Medrano and his attorneys of record at Kwan, Delacroix & Samuels LLP, and any successor counsel of record for Respondent;

3. Minor's Counsel Tessa L. Brannigan, Esq., and any successor Minor's Counsel appointed by the Court;

4. The custody evaluator, Dr. Elena V. Sorensen, Psy.D. (California License No. PSY 24891), of Sorensen Family Behavioral Health, P.C., and any successor or supplemental evaluator appointed by the Court;

5. Any parenting plan coordinator, mediator, or other court-appointed professional appointed by the Court in connection with this matter; and

6. All court personnel, including the judicial officer assigned to this matter, court clerks, courtroom staff, and any other personnel of the Superior Court of California, County of Los Angeles, who require access to the file in the performance of their official duties. E. Access by Third Parties Any third party seeking access to the sealed records in this matter shall be required to file a noticed motion with this C

VI. SIGNATURE BLOCKS WHEREFORE, the Parties respectfully request that the Court enter the [Proposed] Order set forth in Section VII below, sealing the court file in Case No. 22STFL09847 in accordance with the terms of this Stipulation. Dated: July 14, 2023 A. Petitioner's Counsel CALDERWOOD & HARKNESS LLP By: ________ Devon Archer, Lead Associate Priya Anand, Partner 777 South Flower Street, Suite 3400 Los Angeles, C

VII. [PROPOSED] ORDER SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF LOS ANGELES STANLEY MOSK COURTHOUSE The Court, having reviewed the Stipulation and [Proposed] Order to Seal Court File filed by the Parties on July 14, 2023, together with all supporting documents and the case file, and the Court having considered the representations and arguments of counsel for both Parties and the consent of Minor's C

1. There exist overriding interests that overcome the right of public access to the court records in this matter. Specifically, the Court finds the following overriding interests: (a) The constitutional privacy rights of the two Minor Children. Isabela Luz Fonseca-Medrano (date of birth: February 11, 2017) and Mateo Elías Fonseca-Medrano (date of birth: August 29, 2019) are minor children of tender years who are unab

2. The identified overriding interests support sealing the records in this case. Each of the overriding interests identified above is directly and substantially implicated by the contents of the court file, and each interest is advanced by the sealing of the file.

3. A substantial probability exists that the overriding interests identified above will be prejudiced if the court records are not sealed. Given the Parties' public profiles in the entertainment industry and the sensitive nature of the information contained in the file—including details of the Minor Children's lives, psychological evaluations, and financial data—there is a substantial probability that, absent sealing

4. The proposed sealing is narrowly tailored. The Court finds that the sensitive information requiring protection pervades all filings in the court file and cannot be adequately protected by less restrictive means such as partial redaction. Redaction of individual documents would render them unintelligible and would not adequately protect the identified overriding interests, as even partially redacted documents could

5. No less restrictive means exist to achieve the overriding interests identified herein. The Court has considered and rejected less restrictive alternatives, including partial redaction, document-by-document sealing, and the use of pseudonyms, and finds that none of these alternatives would adequately protect the identified overriding interests given the nature and volume of the sensitive information in the file. OR

1. The entire court file in Case No. 22STFL09847, In re the Matter of Fonseca and Medrano, including all documents heretofore filed and all documents hereafter filed in this action, is hereby SEALED pursuant to California Rules of Court, Rule 2.550 et seq. The sealed file shall include, without limitation, all pleadings, declarations, memoranda, financial disclosures, orders, stipulations, evaluation reports, settlem

2. The Clerk of the Court is hereby directed to seal the file and to restrict public access thereto. The Clerk shall take all necessary steps to ensure that the sealed file is not accessible to the public, whether in person, electronically, or by any other means. Any entry on the court's public docket or register of actions shall be limited to the case number, the names of the parties, and the dates of filings, witho

3. The sealed records shall remain accessible to the following persons without the need for further court order: (a) The Parties, Petitioner Marguerite Delphine Fonseca and Respondent Rafael Joaquín Medrano, and their respective attorneys of record, including any successor counsel of record; (b) Minor's Counsel, Tessa L. Brannigan, Esq. (CA State Bar No. 267894), and any successor Minor's Counsel appointed by the Cou

4. Any third party seeking access to the sealed records shall be required to file a noticed motion with this Court demonstrating good cause for the requested access, in accordance with California Rules of Court, Rule 2.551(h). Such motion shall be served on all parties and on Minor's Counsel, who shall be given reasonable notice and a full opportunity to be heard before any records are unsealed or disclosed.

5. This Order shall remain in effect until further order of this Court. The Court retains jurisdiction to modify or vacate this Order at any time upon a showing of changed circumstances or for other good cause, subject to the notice and hearing requirements of applicable law.

6. This Order is made pursuant to, and in conformity with, California Rules of Court, Rule 2.550(d) and (e), and is based on the express findings set forth above. Dated: _____, 2023 ________________________________________ HON. CATHERINE S. YAMAMOTO JUDGE OF THE SUPERIOR COURT

VIII. PROOF OF SERVICE PROOF OF SERVICE STATE OF CALIFORNIA, COUNTY OF LOS ANGELES I, Maria Elena Gutierrez, declare: I am employed in the County of Los Angeles, State of California. I am over the age of eighteen (18) years and am not a party to the within action. My business address is Calderwood & Harkness LLP, 777 South Flower Street, Suite 3400, Los Angeles, California 90017. On July 14, 2023, I served the forego