1035-00002 · Calderwood & Harkness LLP · Client Correspondence

letter-client-mediation-overview.docx DOCUMENT M&A / Corporate

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CALDERWOOD & HARKNESS LLP Attorneys at Law

777 South Flower Street, Suite 3400 Los Angeles, California 90017 Telephone: (213) 555-7200 Facsimile: (213) 555-7201

November 3, 2023

VIA EMAIL AND U.S. MAIL — CONFIDENTIAL / ATTORNEY-CLIENT PRIVILEGED

Ms. Marguerite D. Fonseca 1742 Laurel Canyon Boulevard, Unit 3A Studio City, CA 91604

Re: Fonseca Custody & Parenting Plan — Mediation Overview and Preparation C&H Matter No. 1035-00002 Case No. 22STFL09847 (Superior Court of California, County of Los Angeles)

Dear Ms. Fonseca:

I. Purpose of This Letter

The purpose of this letter is to provide you with a comprehensive overview of the upcoming mediation process in your custody and parenting-plan matter, to outline the specific issues that we anticipate will be addressed during the mediation sessions, to summarize your principal settlement objectives as we understand them, and to offer detailed preparation guidance for the first mediation session currently scheduled for November 17, 2023.

As you know, our team has been working diligently over the past several months to position this matter for resolution through the mediation process rather than through a contested hearing before the court. We believe mediation presents a meaningful opportunity to reach a comprehensive parenting-plan agreement that protects the best interests of your children, Isabela and Mateo, while preserving your family's privacy and avoiding the uncertainty, expense, and emotional toll of a trial.

We ask that you review this letter carefully in its entirety. It contains important information about the mediation logistics, the substantive issues to be negotiated, your settlement priorities, and practical steps you should take in advance of November 17. We will, of course, discuss all of these topics in greater detail during our pre-mediation preparation meeting, which is discussed in Section VI below.

Please note that this letter is confidential and is protected by the attorney-client privilege. The information contained herein, including our assessment of your positions and our strategic recommendations, should not be shared with anyone outside of your legal team at Calderwood & Harkness LLP.

II. Selection of Mediator and Logistics

A. The Mediator

After careful consideration and discussions between our firm and opposing counsel at Kwan, Delacroix & Samuels LLP, the parties have jointly selected the Honorable Constance M. Yee (Ret.) to serve as the mediator in this matter. Judge Yee is a retired Superior Court Judge from Los Angeles County who, during her seventeen years on the bench, presided over a wide range of family law matters, including many involving high-asset estates, complex income structures, and public-facing professionals in the entertainment industry. Since her retirement from the bench, Judge Yee has been affiliated with Pacific Coast Dispute Resolution Services, one of the most respected private mediation and arbitration firms in Southern California.

Judge Yee has extensive experience mediating custody and parenting-plan disputes, and she is particularly well-regarded for her ability to facilitate productive conversations between parties whose professional lives involve the unique scheduling demands and public-exposure considerations that are common in the entertainment industry. We are confident that she will bring both the legal expertise and the interpersonal skill necessary to guide the parties toward a fair and workable resolution.

It is important to understand that Judge Yee will serve as a neutral facilitator. She does not represent either party, and she does not have the authority to impose a decision or render a binding ruling. Her role is to help you and Mr. Medrano identify common ground, explore creative solutions, and negotiate the terms of a voluntary agreement. Any agreement reached during mediation will be binding only if both parties voluntarily consent to its terms and the agreement is subsequently reduced to writing and executed.

B. Location and Time

The mediation will take place at the offices of:

Pacific Coast Dispute Resolution Services 801 South Figueroa Street, Suite 1250 Los Angeles, CA 90017

The session is scheduled for Friday, November 17, 2023. We anticipate that this will be a full-day session, and accordingly, we suggest that you plan to arrive at the facility no later than 9:00 a.m. The session may extend into the late afternoon or early evening, depending on the pace of negotiations and the complexity of the issues under discussion. Please plan your schedule accordingly and ensure that you do not have conflicting commitments during the afternoon or evening hours on that date.

Pacific Coast Dispute Resolution Services will provide a private conference room for our team's use, as well as refreshments throughout the day. Lunch will typically be brought in so that the process is not disrupted by a lengthy midday break.

C. Participants

The following individuals are expected to attend the mediation session on November 17, 2023:

On Behalf of Ms. Fonseca:

• Ms. Marguerite D. Fonseca — in person

• Priya Anand, Partner, Calderwood & Harkness LLP

• Devon Archer, Lead Associate, Calderwood & Harkness LLP

On Behalf of Mr. Medrano:

• Mr. Rafael A. Medrano — in person (expected)

• Gwendolyn R. Kwan, Partner, Kwan, Delacroix & Samuels LLP (CA State Bar No. 218453)

• Benjamin T. Okafor, Associate, Kwan, Delacroix & Samuels LLP (CA State Bar No. 312776) — may attend at Ms. Kwan's discretion

Minor's Counsel:

• Tessa L. Brannigan, Esq. (CA State Bar No. 267894), appointed as counsel for the minor children on June 22, 2023, pursuant to California Family Code § 3150. Ms. Brannigan has been invited to participate in the mediation and is expected to attend. Her participation is important, as she has an independent obligation to advocate for the best interests of Isabela and Mateo, and any agreement reached in mediation will require her review and, ideally, her endorsement.

Neutral:

• Hon. Constance M. Yee (Ret.) — serving as neutral mediator

As noted above, Judge Yee serves solely in the capacity of a neutral mediator. She will not make binding decisions, render judgments, or serve in any adjudicatory role. Her function is to facilitate productive dialogue and assist the parties in reaching a voluntary resolution.

III. Overview of the Mediation Process

A. What Mediation Is

Mediation is a voluntary, confidential settlement process in which a neutral third party — here, Judge Yee — facilitates negotiation between the disputing parties. It is fundamentally different from a trial or a contested hearing in several important respects:

• Voluntary: Neither party can be compelled to agree to any particular term or outcome. The mediator cannot impose a resolution. If you do not agree with a proposal, you are free to reject it without penalty.

• Confidential: All communications made during the course of mediation — including statements, offers, counteroffers, and concessions — are strictly confidential and may not be disclosed or used as evidence in court. This protection is discussed in greater detail in Section III.C below.

• Non-binding (until reduced to writing): Unlike a court order, nothing said or proposed during mediation becomes binding unless and until the parties voluntarily execute a written settlement agreement.

• Party-driven: Mediation allows you and Mr. Medrano to craft a parenting plan that reflects your specific family circumstances, rather than having a judge who is less familiar with the nuances of your daily lives impose a one-size-fits-all order.

The mediation process is designed to encourage open, honest, and good-faith communication. Because mediation statements cannot be used against you in later proceedings, you and Mr. Medrano will have the freedom to explore options and make proposals without the fear that a particular concession will be held against you if the matter ultimately proceeds to a contested hearing.

B. Structure of a Typical Session

While every mediation proceeds differently depending on the issues involved and the dynamics between the parties, a typical full-day session with Judge Yee will generally follow this structure:

1. Opening Joint Session. The mediation will likely begin with all parties and their counsel gathered together in the main conference room. Judge Yee will introduce herself, explain the ground rules and procedural framework for the day, and confirm the confidentiality protections that apply. She will then invite each side to make a brief opening statement. These opening statements are an opportunity to frame the key issues and convey each party's perspective directly to the mediator and to the other side. Your opening statement will be prepared and rehearsed in advance at our pre-mediation meeting, as discussed in Section VI below.

2. Private Caucuses. Following the opening joint session, Judge Yee will typically separate the parties into their respective private conference rooms. She will then meet separately and confidentially with each party and their counsel in a series of private caucuses. During these caucuses, Judge Yee will explore each side's positions in greater depth, probe the underlying interests and priorities that motivate those positions, identify potential areas of flexibility, and help each side evaluate the strengths and weaknesses of their case. Anything you say to Judge Yee in a private caucus will be treated as confidential and will not be shared with Mr. Medrano or his counsel unless you expressly authorize the mediator to do so.

3. Shuttle Diplomacy. As the day progresses, Judge Yee will typically engage in a process of shuttle diplomacy, moving back and forth between the two private rooms to convey proposals, counterproposals, and feedback. This iterative process is designed to narrow the gap between the parties' positions and move toward a zone of potential agreement. The mediator may offer her own observations about the likely outcomes if the matter were to go to court, as a way of helping each side calibrate their expectations.

4. Reconvening in Joint Session. If the parties reach agreement on some or all of the issues in dispute, Judge Yee may bring the parties back together in a joint session to confirm the terms of the agreement. If a comprehensive resolution is reached, the attorneys will typically work together to draft a written memorandum of understanding or term sheet before the parties leave the mediation facility.

5. Continuation if Necessary. If a full resolution is not achieved in a single session, the mediation will not be deemed a failure. It is common in complex custody and parenting-plan matters for the process to require more than one session. We currently anticipate that up to three mediation sessions may be necessary. Additional sessions will be scheduled as needed, in consultation with all participants and Judge Yee's office.

C. Confidentiality of Mediation

The confidentiality protections that attach to the mediation process are among its most important features, and they deserve special emphasis.

Under California Evidence Code § 1115 et seq., all statements, admissions, offers, proposals, and other communications made during the course of mediation are strictly confidential and are inadmissible in any subsequent judicial or administrative proceeding. This means that if the mediation does not result in a full agreement and the matter proceeds to a contested hearing, neither party may introduce evidence of what was said, proposed, or offered during mediation. This statutory protection is broadly construed by California courts and is intended to encourage candid and productive negotiations.

It is important to note that this mediation confidentiality is separate from and in addition to the court's sealing order entered on July 14, 2023, pursuant to California Rules of Court, Rule 2.550 et seq., which restricts public access to certain filings and records in this case. The sealing order protects the court file; the mediation confidentiality protections under the Evidence Code protect the mediation communications themselves.

Neither party may disclose mediation communications to third parties, including friends, family members, colleagues, agents, publicists, or members of the media. This prohibition extends to social media. We cannot overstate the importance of maintaining strict confidentiality regarding the mediation process, particularly given the public-facing nature of both your and Mr. Medrano's professional lives. Any breach of mediation confidentiality could have significant legal consequences and could undermine the trust necessary for a productive negotiation.

IV. Issues to Be Addressed in Mediation

The mediation will address the full range of custody, parenting-plan, and related financial issues in this matter. Below is a summary of the principal issues and our current positions with respect to each. We will discuss these issues in significantly greater detail during our pre-mediation preparation meeting.

A. Legal Custody

Legal custody refers to the right and responsibility to make major decisions affecting the children's health, education, and welfare. Our position is that you and Mr. Medrano should share joint legal custody of Isabela and Mateo, meaning that both parents will participate in major decisions.

However, given your primary role in managing the children's day-to-day schooling — including your close involvement with Ridgeview Academy, your regular communication with their teachers, and your attendance at parent-teacher conferences and school events — we will seek tie-breaking authority for you on educational decisions. This means that if you and Mr. Medrano are unable to reach agreement on a significant educational matter (such as school enrollment, grade retention, tutoring, or special education services), you would have the final decision-making authority, subject to a good-faith consultation requirement.

For reference, the children are:

• Isabela Luz Fonseca-Medrano, born February 11, 2017, currently age six, enrolled in first grade at Ridgeview Academy, Sherman Oaks, CA (annual tuition: $32,400).

• Mateo Elías Fonseca-Medrano, born August 29, 2019, currently age four, enrolled in pre-kindergarten at Ridgeview Academy, Sherman Oaks, CA (annual tuition: $26,800).

Both children have been enrolled at Ridgeview since the beginning of their respective academic careers, and maintaining continuity in their educational environment is a core priority of our parenting-plan proposal.

B. Physical Custody and Timeshare

Physical custody refers to the allocation of the children's living time between the two households. The current temporary custody order, entered by the court on May 30, 2023, provides for a 60/40 timeshare in your favor during the pendency of this matter.

Our position for the permanent parenting plan is as follows:

• Joint physical custody with the children's primary residence with you.

• School-year timeshare: Approximately 65% Fonseca / 35% Medrano, which translates to approximately 237 overnights with you and 128 overnights with Mr. Medrano during the school year (approximately 40 weeks, or 280 days, excluding summer break).

• Summer schedule: A 50/50 split during the ten-week (70-day) summer break, with each parent receiving approximately 35 overnights. The summer schedule would be arranged in alternating two-week blocks or other mutually agreeable configurations to minimize disruption to the children.

The basis for this proposed timeshare is rooted in several practical and factual considerations. First, your work schedule at Luminos Entertainment Group in Burbank is stable and predictable, and your office is located in close proximity to Ridgeview Academy in Sherman Oaks, facilitating school drop-off and pick-up. Second, Mr. Medrano's professional work as a freelance cinematographer and the owner of Medrano Visuals, LLC involves variable and often unpredictable travel for on-location production work. The seven-week shoot in Vancouver, British Columbia that Mr. Medrano undertook in early 2023 — during which time you served as the children's sole caretaker — was one of the precipitating factors in the filing of this action, and it illustrates the scheduling challenges inherent in Mr. Medrano's line of work.

We also note that Dr. Elena V. Sorensen's custody evaluation report, which was delivered on October 6, 2023, will significantly inform our positions on physical custody and timeshare. We will discuss the findings of Dr. Sorensen's report in detail, including its implications for our mediation strategy, during our pre-mediation preparation meeting. A separate analysis memorandum regarding the custody evaluation will be provided to you at that time.

C. Holiday and Vacation Schedule

We propose an alternating annual schedule for the major holidays and school breaks, structured on an even-year/odd-year basis. Under this proposal, you and Mr. Medrano would alternate custody during the following periods:

• Thanksgiving break (Wednesday after school through the following Sunday evening)

• Winter break (divided into two segments: the first segment running from the last day of school through December 25 at noon, and the second segment running from December 25 at noon through January 1 at 6:00 p.m., with the segments alternating each year)

• Spring break (Saturday through the following Saturday)

• Each parent's designated holidays (e.g., Mother's Day always with you; Father's Day always with Mr. Medrano; children's birthdays alternating by year or shared)

The summer 50/50 split, as described above, would operate independently of the holiday schedule.

We will prepare a detailed proposed holiday schedule in chart form for use during the mediation.

D. Travel and On-Location Work Provisions

Given Mr. Medrano's professional travel obligations and the fact that both you and Mr. Medrano may have occasion to travel with the children, we propose the following travel notification and consent provisions:

• International travel (travel outside the continental United States): A minimum of thirty (30) calendar days' written notice to the other parent, together with a proposed itinerary, and the other parent's written consent prior to departure. Consent shall not be unreasonably withheld.

• Domestic travel outside California: A minimum of fourteen (14) calendar days' written notice to the other parent, including a proposed itinerary and contact information for the destination.

• On-location work provision: If either parent accepts professional work requiring travel or absence from the Los Angeles area for a period exceeding fourteen (14) consecutive calendar days, the custodial time that would otherwise have been exercised during the absence shall transfer to the other parent, and the absent parent shall be entitled to make-up time to be exercised within sixty (60) calendar days of the parent's return, at mutually agreed-upon dates or, absent agreement, as determined by the parenting coordinator (discussed in Section IV.I below).

These provisions are designed to protect the children's routine and ensure that neither parent's professional travel results in a loss of parenting time without a reasonable mechanism for recoupment. This issue is likely to be one of the more closely negotiated aspects of the parenting plan, and we anticipate that Mr. Medrano's counsel may push back on the fourteen-day threshold. We will discuss our negotiating strategy on this point during the preparation meeting.

E. Child Support

Child support in California is calculated according to a statewide guideline formula, as set forth in California Family Code § 4055 et seq. The guideline calculation takes into account each parent's gross income, the timeshare percentage, tax filing status, and certain allowable deductions.

Based on the financial information currently available, the relevant income figures are as follows:

• Ms. Fonseca's gross monthly income: $72,500 ($870,000 annually), comprising:

• Base salary at Luminos Entertainment Group, Inc.: $485,000

• Average annual performance bonus: $210,000

• Annual restricted stock unit (RSU) vesting: $175,000

• Mr. Medrano's imputed gross monthly income: $28,333 ($340,000 annual average), as determined by the forensic income analysis prepared by Harold K. Yamamoto, CPA/ABV/CFF, of Yamamoto Brace & Liu, LLP. Mr. Medrano's income is derived from freelance cinematography engagements booked through his entity, Medrano Visuals, LLC, and has varied considerably from year to year. The imputed figure of $340,000 represents Mr. Yamamoto's determination of Mr. Medrano's average annual earning capacity based on a review of his income over the most recent five-year period.

• Combined gross monthly income: $100,833.

Using these income figures and the proposed school-year timeshare of approximately 65% Fonseca / 35% Medrano, the DissoMaster guideline child support calculation for two children yields an approximate monthly support obligation of $1,274 payable by you to Mr. Medrano.

Your position on child support is as follows: You are willing to pay guideline child support or, alternatively, to negotiate a modest deviation below guideline in exchange for Mr. Medrano's agreement to assume a higher proportionate share of extracurricular and enrichment activity costs (discussed in Section IV.G below). We believe this approach reflects a reasonable and good-faith negotiating posture, and it may appeal to Mr. Medrano if he values flexibility in extracurricular decision-making.

It is important to note that the exact child support figure will depend on the final timeshare arrangement that the parties agree upon. If the timeshare shifts in either direction, the guideline support obligation will adjust accordingly. We will have the DissoMaster software available during the mediation to run updated calculations in real time as the timeshare negotiations progress.

F. Education Costs

As noted above, both Isabela and Mateo are enrolled at Ridgeview Academy in Sherman Oaks. The combined annual tuition for both children is $59,200, broken down as follows:

• Isabela (first grade): $32,400/year

• Mateo (pre-kindergarten): $26,800/year

We propose that tuition costs be allocated between the parties in proportion to their respective gross incomes, which yields an approximate split of 70% Fonseca ($41,440/year) / 30% Medrano ($17,760/year). This allocation reflects the significant income disparity between the parties while ensuring that both parents contribute meaningfully to the children's educational expenses. To the extent that tuition increases in future years, the proportionate allocation would remain the same, subject to periodic review.

G. Extracurricular and Enrichment Activities

Isabela and Mateo are currently participating in range extracurricular and enrichment activities, and we anticipate that their involvement in such activities will expand as they grow older. We propose a cost-sharing arrangement for extracurricular and enrichment expenses, with the exact proportionate split to be negotiated during the mediation.

In addition, we may propose a per-child, per-quarter cost cap above which both parents must provide mutual written consent before the expense is incurred. This mechanism is designed to prevent either parent from unilaterally enrolling the children in expensive programs or activities without the other parent's input, while preserving flexibility for routine extracurricular participation at reasonable cost levels. The specific threshold amount will be a subject of negotiation.

H. Healthcare

The children are currently enrolled in your employer-sponsored health insurance plan through Luminos Entertainment Group, Inc., underwritten by Veridian Health Insurance Co. The plan provides comprehensive medical, dental, and vision coverage.

Our proposal is that the children remain on the Veridian Health Insurance plan for as long as coverage remains available to you through Luminos Entertainment Group. Unreimbursed medical expenses — including dental, orthodontic, and mental health expenses — would be shared between the parties in proportion to their respective incomes, which, consistent with the allocation for education costs, would be approximately 70% Fonseca / 30% Medrano.

I. Parenting Coordinator

Given the complexity of the proposed parenting plan and the potential for day-to-day implementation disputes — particularly with respect to travel schedules, make-up time, and extracurricular enrollment decisions — we may propose the appointment of a licensed family therapist to serve as a parenting plan coordinator. The parenting coordinator would serve as a neutral resource to help the parties resolve practical implementation disputes without the need to return to court. The parenting coordinator would not have the authority to modify the terms of the underlying parenting-plan agreement, but could make recommendations regarding scheduling adjustments and day-to-day logistical matters within defined parameters.

We will discuss the potential benefits and costs of a parenting coordinator during our preparation meeting and determine whether to include this proposal in our initial mediation presentation.

J. Confidentiality and Non-Disparagement

Given that both you and Mr. Medrano occupy public-facing roles in the entertainment industry, and given the significant privacy interests of the children, we will propose a mutual non-disparagement and confidentiality clause as a component of the parenting-plan agreement. This clause would require both parties to:

• Refrain from making disparaging statements about the other parent in the presence of the children, in communications with third parties, or in any public forum, including social media;

• Maintain the confidentiality of all financial terms of the agreement, including child support amounts and cost-sharing allocations;

• Maintain the confidentiality of the findings and recommendations contained in Dr. Sorensen's custody evaluation report; and

• Refrain from disclosing the details of the parenting-plan agreement to members of the media, publicists, agents, or other third parties without the prior written consent of the other parent, except as required by law.

We believe this provision serves the best interests of both parents and, more importantly, protects Isabela and Mateo from the potential harm of public exposure of their family's private affairs.

V. Ms. Fonseca's Settlement Objectives — Summary

For your reference, the following is a concise summary of the primary settlement objectives that we will seek to achieve through the mediation process:

1. Primary Physical Custody. Secure a parenting plan in which you serve as the children's primary residential parent with a majority timeshare (approximately 65/35 during the school year), providing stability and continuity for Isabela and Mateo, particularly in connection with their enrollment at Ridgeview Academy.

2. Joint Legal Custody with Educational Tie-Breaking Authority. Obtain an order of joint legal custody that includes your designation as the tie-breaking decision-maker on matters relating to the children's education.

3. Workable Travel and On-Location Work Framework. Establish a clear, enforceable framework that accounts for Mr. Medrano's on-location work absences, protects the children's routine and school attendance, and provides a fair make-up time mechanism.

4. Fair Child Support and Cost-Sharing. Reach a child support arrangement at or modestly below guideline, tied to equitable proportionate cost-sharing for education, extracurricular activities, and healthcare expenses.

5. Confidentiality. Maintain strict confidentiality with respect to all financial terms, the custody evaluation findings, and the details of the parenting-plan agreement.

6. Resolution Through Agreement. Avoid a contested hearing. Resolve all outstanding issues through the mediation process, preserving the co-parenting relationship and shielding the children from the adversarial dynamics of litigation.

These objectives reflect our understanding of your priorities as communicated to us over the course of our representation. If any of these objectives do not accurately reflect your current thinking, or if your priorities have shifted since our last discussion, please let us know immediately so that we can adjust our strategy accordingly before the mediation.

VI. Preparation Guidance

A. Pre-Mediation Meeting

We would like to schedule a pre-mediation preparation meeting with you at our offices during the week of November 6–10, 2023. The meeting will take place at:

Calderwood & Harkness LLP 777 South Flower Street, Suite 3400 Los Angeles, CA 90017

We anticipate that this preparation meeting will last approximately two to three hours. During the meeting, we will:

• Review the findings and recommendations of Dr. Elena V. Sorensen's custody evaluation report in detail, including an assessment of how the report's conclusions support or complicate our positions;

• Walk through the anticipated arguments and proposals that we expect Mr. Medrano and his counsel, Ms. Kwan, to advance during the mediation;

• Discuss the range of acceptable settlement terms on each of the major issues, including our initial proposal, our target outcome, and our minimum acceptable terms;

• Rehearse your opening statement, including tone, key themes, and the specific points you wish to convey to Judge Yee; and

• Address any questions or concerns you may have about the mediation process or the substantive issues.

Please contact Devon Archer at your earliest convenience to confirm your availability for this meeting. We recommend scheduling the meeting as early in the week as possible to allow adequate time for follow-up preparation before the November 17 session.

B. Documents to Review

In advance of the pre-mediation preparation meeting, we ask that you review the following documents, all of which are in your possession or will be provided to you shortly:

1. The Temporary Custody Order dated May 30, 2023, setting forth the current 60/40 timeshare arrangement.

2. Dr. Elena V. Sorensen's Custody Evaluation Report, delivered October 6, 2023. This is a lengthy and detailed report, and we understand that it may be difficult to absorb in a single reading. Our team is preparing a separate analysis memorandum summarizing the report's key findings, strengths, and potential vulnerabilities, which will be provided to you before or at the time of the preparation meeting.

3. The Income and Expense Declarations (Form FL-150) filed by both you and Mr. Medrano. These declarations form the basis of the child support calculation and the cost-sharing proposals.

4. The Forensic Income Analysis prepared by Harold K. Yamamoto, CPA/ABV/CFF, of Yamamoto Brace & Liu, LLP, regarding Mr. Medrano's freelance earnings through Medrano Visuals, LLC. This analysis establishes the imputed income figure for Mr. Medrano that we will use in the guideline support calculation.

If you are unable to locate any of these documents, please let Devon Archer know and we will provide replacement copies promptly.

C. Demeanor and Approach

Mediation is a collaborative process, and your demeanor during the session will play an important role in setting the tone for negotiations and in making a positive impression on Judge Yee. We offer the following guidance:

• Adopt a collaborative and child-focused tone. Frame your positions in terms of what is best for Isabela and Mateo, rather than in terms of what you want for yourself or what Mr. Medrano has done wrong. Judges and experienced mediators like Judge Yee are attuned to the distinction between parents who are genuinely focused on their children's welfare and those who are motivated primarily by personal grievances.

• Avoid disparaging Mr. Medrano. Even if you feel strongly about certain aspects of Mr. Medrano's conduct or parenting, the mediation is not the appropriate venue to express anger, frustration, or criticism. If there are factual points about Mr. Medrano's availability or parenting capacity that need to be communicated, we will present them in a measured and factual manner through your counsel.

• Demonstrate flexibility and a willingness to co-parent. Judge Yee will likely respond well to parents who show that they are willing to accommodate the other parent's reasonable needs and that they value the children's relationship with both parents. This does not mean that you should agree to terms that are not in your or the children's best interests — it means that the spirit in which you engage in the process matters.

• Listen carefully. During joint sessions, listen attentively to what Mr. Medrano and his counsel say. Understanding his perspective — even if you disagree with it — will help us craft more effective counterproposals.

• Consult with your attorneys before responding to any substantive proposal. During the mediation, you should not feel pressured to respond to any offer or proposal on the spot. We will be by your side throughout the process, and we will caucus privately with you before any significant decisions are made.

D. Practical Considerations

Please keep the following practical matters in mind as you prepare for November 17:

• Dress: Business casual attire is appropriate for the mediation setting.

• Building access: The building at 801 South Figueroa Street may require photo identification and sign-in at the lobby security desk. Please bring a valid government-issued photo ID.

• Availability: As noted above, please plan to be available for the full day. While we hope to make substantial progress early in the session, it is not uncommon for the most productive negotiations to occur later in the day.

• No electronic recording: California law and mediation rules prohibit the electronic recording of mediation sessions. Please do not bring any recording device, and do not attempt to record any portion of the mediation on your phone or any other device.

• Confidentiality reminder: You should not discuss the details of the mediation — including the date, location, participants, or substance of the negotiations — with anyone other than your legal team at Calderwood & Harkness LLP. This includes family members, friends, colleagues, agents, managers, publicists, and anyone else. If someone asks you about the status of the case, you may simply say that the matter is ongoing and that you are not able to discuss it.

VII. Confidential Mediation Brief

Our team is in the process of preparing a confidential mediation brief that will be submitted to Judge Yee in advance of the November 17 session. Our target submission date is November 10, 2023, which will give Judge Yee adequate time to review the brief and familiarize herself with the factual and legal background of the case before the mediation.

The confidential mediation brief will summarize:

• The factual background of the case, including the history of the parties' relationship, the circumstances surrounding the filing, and the current custodial arrangement;

• Ms. Fonseca's positions on each of the major issues, as outlined in this letter;

• The findings of Dr. Sorensen's custody evaluation report, to the extent relevant to the mediation;

• The child support analysis, including the relevant income figures and guideline calculations; and

• The proposed resolution, including a detailed parenting-plan proposal.

We will provide you with a draft of the mediation brief for your review before it is submitted to Judge Yee. Your input on the factual narrative and the framing of your positions is important, and we want to ensure that the brief accurately reflects your perspective. Please review the draft promptly when you receive it and communicate any corrections, concerns, or additions to Devon Archer.

VIII. Fees and Costs Related to Mediation

We want to ensure that you are fully informed about the fees and costs associated with the mediation process.

Mediator's Fees. Judge Yee's fees for the mediation are to be shared equally between the parties. Your share of the mediator's fees will be advanced by Calderwood & Harkness LLP as a cost on your behalf and will be reflected on your monthly billing statements. Judge Yee's fee schedule, which has been provided to both parties, will be available for your review at the preparation meeting.

Attorney Fees. Calderwood & Harkness LLP's time spent preparing for and attending the mediation will be billed at the applicable hourly rates of the team members involved. For your reference, the current hourly rates for the attorneys who may perform work on this matter are as follows:

Overall Fee Estimate. We remind you that the original fee estimate for the overall matter, as communicated at the outset of the engagement, was in the range of $120,000 to $175,000. This estimate was predicated on the assumption that the matter would be resolved through mediation or negotiated settlement rather than a contested hearing. Based on the current posture of the case and the progress we have made in preparing for mediation, the matter remains on track within this estimated range, assuming a successful resolution through the mediation process. If the matter does not resolve in mediation and proceeds to a contested hearing, the total fees and costs would increase substantially, and we would provide you with a revised estimate at that time.

IX. Next Steps

In summary, the following action items require your attention in the coming days:

1. Confirm your availability for the mediation session on November 17, 2023. Please contact Devon Archer to confirm that this date remains workable for your schedule.

2. Schedule the pre-mediation preparation meeting during the week of November 6–10, 2023. Please contact Devon Archer to identify a date and time that works for you.

3. Review the documents identified in Section VI.B above in advance of the preparation meeting.

4. Review the draft mediation brief when it is circulated to you, which we expect will be on or about November 7, 2023. Please provide any comments, corrections, or concerns promptly so that the brief can be finalized and submitted to Judge Yee by November 10.

5. Coordination with Minor's Counsel. Our firm will coordinate with Minor's Counsel Tessa L. Brannigan regarding Ms. Brannigan's positions on the parenting-plan issues. A letter outlining our proposed parenting plan has been sent to Ms. Brannigan as of November 8, 2023, and we will report to you on any feedback we receive from her office.

6. Contact Devon Archer if you have any questions, concerns, or new information that may be relevant to the mediation in the interim. Devon can be reached by email or by telephone at our office number.

X. Closing

We recognize that the mediation process can feel daunting, particularly given the deeply personal nature of the issues at stake. Please know that our entire team is committed to guiding you through this process with diligence, sensitivity, and a relentless focus on achieving the best possible outcome for Isabela and Mateo.

We are confident that mediation provides a strong pathway to a resolution that serves the best interests of your children while preserving your family's privacy and avoiding the emotional and financial costs of a contested hearing. Judge Yee is an exceptionally skilled mediator, and we believe that the careful preparation we have undertaken positions you well for a productive and successful mediation session.

We look forward to working with you in the weeks ahead and to achieving a result that reflects your priorities as a devoted mother and that provides Isabela and Mateo with the stability, continuity, and security they deserve.

If you have any questions about the contents of this letter or about any aspect of the upcoming mediation, please do not hesitate to reach out.

Very truly yours,

CALDERWOOD & HARKNESS LLP

By: ________

Devon Archer Lead Associate

cc: Priya Anand, Partner, Calderwood & Harkness LLP cc: Oliver Mackenzie, Partner, Calderwood & Harkness LLP (via email)

Enclosures: None (documents referenced herein to be provided separately at the pre-mediation preparation meeting)

This communication is confidential and protected by the attorney-client privilege. It is intended solely for the use of the addressee. If you have received this communication in error, please notify the sender immediately and destroy all copies.

Attorney	Role	Hourly Rate
Oliver Mackenzie	Partner	$925/hr
Priya Anand	Partner	$875/hr
Devon Archer	Lead Associate	$625/hr
Nadia Petrov	Associate	$485/hr

CALDERWOOD & HARKNESS LLP Attorneys at Law
777 South Flower Street, Suite 3400 Los Angeles, California 90017 Telephone: (213) 555-7200 Facsimile: (213) 555-7201
November 3, 2023
VIA EMAIL AND U.S. MAIL — CONFIDENTIAL / ATTORNEY-CLIENT PRIVILEGED
Ms. Marguerite D. Fonseca 1742 Laurel Canyon Boulevard, Unit 3A Studio City, CA 91604
Re: Fonseca Custody & Parenting Plan — Mediation Overview and Preparation C&H Matter No. 1035-00002 Case No. 22STFL09847 (Superior Court of California, County of Los Angeles)
Dear Ms. Fonseca:
I. Purpose of This Letter
The purpose of this letter is to provide you with a comprehensive overview of the upcoming mediation process in your custody and parenting-plan matter, to outline the specific issues that we anticipate will be addressed during the mediation sessions, to summarize your principal settlement objectives as we understand them, and to offer detailed preparation guidance for the first mediation session currently scheduled for November 17, 2023.
As you know, our team has been working diligently over the past several months to position this matter for resolution through the mediation process rather than through a contested hearing before the court. We believe mediation presents a meaningful opportunity to reach a comprehensive parenting-plan agreement that protects the best interests of your children, Isabela and Mateo, while preserving your family's privacy and avoiding the uncertainty, expense, and emotional toll of a trial.
We ask that you review this letter carefully in its entirety. It contains important information about the mediation logistics, the substantive issues to be negotiated, your settlement priorities, and practical steps you should take in advance of November 17. We will, of course, discuss all of these topics in greater detail during our pre-mediation preparation meeting, which is discussed in Section VI below.
Please note that this letter is confidential and is protected by the attorney-client privilege. The information contained herein, including our assessment of your positions and our strategic recommendations, should not be shared with anyone outside of your legal team at Calderwood & Harkness LLP.
II. Selection of Mediator and Logistics
A. The Mediator
After careful consideration and discussions between our firm and opposing counsel at Kwan, Delacroix & Samuels LLP, the parties have jointly selected the Honorable Constance M. Yee (Ret.) to serve as the mediator in this matter. Judge Yee is a retired Superior Court Judge from Los Angeles County who, during her seventeen years on the bench, presided over a wide range of family law matters, including many involving high-asset estates, complex income structures, and public-facing professionals in the entertainment industry. Since her retirement from the bench, Judge Yee has been affiliated with Pacific Coast Dispute Resolution Services, one of the most respected private mediation and arbitration firms in Southern California.
Judge Yee has extensive experience mediating custody and parenting-plan disputes, and she is particularly well-regarded for her ability to facilitate productive conversations between parties whose professional lives involve the unique scheduling demands and public-exposure considerations that are common in the entertainment industry. We are confident that she will bring both the legal expertise and the interpersonal skill necessary to guide the parties toward a fair and workable resolution.
It is important to understand that Judge Yee will serve as a neutral facilitator. She does not represent either party, and she does not have the authority to impose a decision or render a binding ruling. Her role is to help you and Mr. Medrano identify common ground, explore creative solutions, and negotiate the terms of a voluntary agreement. Any agreement reached during mediation will be binding only if both parties voluntarily consent to its terms and the agreement is subsequently reduced to writing and executed.
B. Location and Time
The mediation will take place at the offices of:
Pacific Coast Dispute Resolution Services 801 South Figueroa Street, Suite 1250 Los Angeles, CA 90017
The session is scheduled for Friday, November 17, 2023. We anticipate that this will be a full-day session, and accordingly, we suggest that you plan to arrive at the facility no later than 9:00 a.m. The session may extend into the late afternoon or early evening, depending on the pace of negotiations and the complexity of the issues under discussion. Please plan your schedule accordingly and ensure that you do not have conflicting commitments during the afternoon or evening hours on that date.
Pacific Coast Dispute Resolution Services will provide a private conference room for our team's use, as well as refreshments throughout the day. Lunch will typically be brought in so that the process is not disrupted by a lengthy midday break.
C. Participants
The following individuals are expected to attend the mediation session on November 17, 2023:
On Behalf of Ms. Fonseca:
• Ms. Marguerite D. Fonseca — in person
• Priya Anand, Partner, Calderwood & Harkness LLP
• Devon Archer, Lead Associate, Calderwood & Harkness LLP
On Behalf of Mr. Medrano:
• Mr. Rafael A. Medrano — in person (expected)
• Gwendolyn R. Kwan, Partner, Kwan, Delacroix & Samuels LLP (CA State Bar No. 218453)
• Benjamin T. Okafor, Associate, Kwan, Delacroix & Samuels LLP (CA State Bar No. 312776) — may attend at Ms. Kwan's discretion
Minor's Counsel:
• Tessa L. Brannigan, Esq. (CA State Bar No. 267894), appointed as counsel for the minor children on June 22, 2023, pursuant to California Family Code § 3150. Ms. Brannigan has been invited to participate in the mediation and is expected to attend. Her participation is important, as she has an independent obligation to advocate for the best interests of Isabela and Mateo, and any agreement reached in mediation will require her review and, ideally, her endorsement.
Neutral:
• Hon. Constance M. Yee (Ret.) — serving as neutral mediator
As noted above, Judge Yee serves solely in the capacity of a neutral mediator. She will not make binding decisions, render judgments, or serve in any adjudicatory role. Her function is to facilitate productive dialogue and assist the parties in reaching a voluntary resolution.
III. Overview of the Mediation Process
A. What Mediation Is
Mediation is a voluntary, confidential settlement process in which a neutral third party — here, Judge Yee — facilitates negotiation between the disputing parties. It is fundamentally different from a trial or a contested hearing in several important respects:
• Voluntary: Neither party can be compelled to agree to any particular term or outcome. The mediator cannot impose a resolution. If you do not agree with a proposal, you are free to reject it without penalty.
• Confidential: All communications made during the course of mediation — including statements, offers, counteroffers, and concessions — are strictly confidential and may not be disclosed or used as evidence in court. This protection is discussed in greater detail in Section III.C below.
• Non-binding (until reduced to writing): Unlike a court order, nothing said or proposed during mediation becomes binding unless and until the parties voluntarily execute a written settlement agreement.
• Party-driven: Mediation allows you and Mr. Medrano to craft a parenting plan that reflects your specific family circumstances, rather than having a judge who is less familiar with the nuances of your daily lives impose a one-size-fits-all order.
The mediation process is designed to encourage open, honest, and good-faith communication. Because mediation statements cannot be used against you in later proceedings, you and Mr. Medrano will have the freedom to explore options and make proposals without the fear that a particular concession will be held against you if the matter ultimately proceeds to a contested hearing.
B. Structure of a Typical Session
While every mediation proceeds differently depending on the issues involved and the dynamics between the parties, a typical full-day session with Judge Yee will generally follow this structure:
1. Opening Joint Session. The mediation will likely begin with all parties and their counsel gathered together in the main conference room. Judge Yee will introduce herself, explain the ground rules and procedural framework for the day, and confirm the confidentiality protections that apply. She will then invite each side to make a brief opening statement. These opening statements are an opportunity to frame the key issues and convey each party's perspective directly to the mediator and to the other side. Your opening statement will be prepared and rehearsed in advance at our pre-mediation meeting, as discussed in Section VI below.
2. Private Caucuses. Following the opening joint session, Judge Yee will typically separate the parties into their respective private conference rooms. She will then meet separately and confidentially with each party and their counsel in a series of private caucuses. During these caucuses, Judge Yee will explore each side's positions in greater depth, probe the underlying interests and priorities that motivate those positions, identify potential areas of flexibility, and help each side evaluate the strengths and weaknesses of their case. Anything you say to Judge Yee in a private caucus will be treated as confidential and will not be shared with Mr. Medrano or his counsel unless you expressly authorize the mediator to do so.
3. Shuttle Diplomacy. As the day progresses, Judge Yee will typically engage in a process of shuttle diplomacy, moving back and forth between the two private rooms to convey proposals, counterproposals, and feedback. This iterative process is designed to narrow the gap between the parties' positions and move toward a zone of potential agreement. The mediator may offer her own observations about the likely outcomes if the matter were to go to court, as a way of helping each side calibrate their expectations.
4. Reconvening in Joint Session. If the parties reach agreement on some or all of the issues in dispute, Judge Yee may bring the parties back together in a joint session to confirm the terms of the agreement. If a comprehensive resolution is reached, the attorneys will typically work together to draft a written memorandum of understanding or term sheet before the parties leave the mediation facility.
5. Continuation if Necessary. If a full resolution is not achieved in a single session, the mediation will not be deemed a failure. It is common in complex custody and parenting-plan matters for the process to require more than one session. We currently anticipate that up to three mediation sessions may be necessary. Additional sessions will be scheduled as needed, in consultation with all participants and Judge Yee's office.
C. Confidentiality of Mediation
The confidentiality protections that attach to the mediation process are among its most important features, and they deserve special emphasis.
Under California Evidence Code § 1115 et seq., all statements, admissions, offers, proposals, and other communications made during the course of mediation are strictly confidential and are inadmissible in any subsequent judicial or administrative proceeding. This means that if the mediation does not result in a full agreement and the matter proceeds to a contested hearing, neither party may introduce evidence of what was said, proposed, or offered during mediation. This statutory protection is broadly construed by California courts and is intended to encourage candid and productive negotiations.
It is important to note that this mediation confidentiality is separate from and in addition to the court's sealing order entered on July 14, 2023, pursuant to California Rules of Court, Rule 2.550 et seq., which restricts public access to certain filings and records in this case. The sealing order protects the court file; the mediation confidentiality protections under the Evidence Code protect the mediation communications themselves.
Neither party may disclose mediation communications to third parties, including friends, family members, colleagues, agents, publicists, or members of the media. This prohibition extends to social media. We cannot overstate the importance of maintaining strict confidentiality regarding the mediation process, particularly given the public-facing nature of both your and Mr. Medrano's professional lives. Any breach of mediation confidentiality could have significant legal consequences and could undermine the trust necessary for a productive negotiation.
IV. Issues to Be Addressed in Mediation
The mediation will address the full range of custody, parenting-plan, and related financial issues in this matter. Below is a summary of the principal issues and our current positions with respect to each. We will discuss these issues in significantly greater detail during our pre-mediation preparation meeting.
A. Legal Custody
Legal custody refers to the right and responsibility to make major decisions affecting the children's health, education, and welfare. Our position is that you and Mr. Medrano should share joint legal custody of Isabela and Mateo, meaning that both parents will participate in major decisions.
However, given your primary role in managing the children's day-to-day schooling — including your close involvement with Ridgeview Academy, your regular communication with their teachers, and your attendance at parent-teacher conferences and school events — we will seek tie-breaking authority for you on educational decisions. This means that if you and Mr. Medrano are unable to reach agreement on a significant educational matter (such as school enrollment, grade retention, tutoring, or special education services), you would have the final decision-making authority, subject to a good-faith consultation requirement.
For reference, the children are:
• Isabela Luz Fonseca-Medrano, born February 11, 2017, currently age six, enrolled in first grade at Ridgeview Academy, Sherman Oaks, CA (annual tuition: $32,400).
• Mateo Elías Fonseca-Medrano, born August 29, 2019, currently age four, enrolled in pre-kindergarten at Ridgeview Academy, Sherman Oaks, CA (annual tuition: $26,800).
Both children have been enrolled at Ridgeview since the beginning of their respective academic careers, and maintaining continuity in their educational environment is a core priority of our parenting-plan proposal.
B. Physical Custody and Timeshare
Physical custody refers to the allocation of the children's living time between the two households. The current temporary custody order, entered by the court on May 30, 2023, provides for a 60/40 timeshare in your favor during the pendency of this matter.
Our position for the permanent parenting plan is as follows:
• Joint physical custody with the children's primary residence with you.
• School-year timeshare: Approximately 65% Fonseca / 35% Medrano, which translates to approximately 237 overnights with you and 128 overnights with Mr. Medrano during the school year (approximately 40 weeks, or 280 days, excluding summer break).
• Summer schedule: A 50/50 split during the ten-week (70-day) summer break, with each parent receiving approximately 35 overnights. The summer schedule would be arranged in alternating two-week blocks or other mutually agreeable configurations to minimize disruption to the children.
The basis for this proposed timeshare is rooted in several practical and factual considerations. First, your work schedule at Luminos Entertainment Group in Burbank is stable and predictable, and your office is located in close proximity to Ridgeview Academy in Sherman Oaks, facilitating school drop-off and pick-up. Second, Mr. Medrano's professional work as a freelance cinematographer and the owner of Medrano Visuals, LLC involves variable and often unpredictable travel for on-location production work. The seven-week shoot in Vancouver, British Columbia that Mr. Medrano undertook in early 2023 — during which time you served as the children's sole caretaker — was one of the precipitating factors in the filing of this action, and it illustrates the scheduling challenges inherent in Mr. Medrano's line of work.
We also note that Dr. Elena V. Sorensen's custody evaluation report, which was delivered on October 6, 2023, will significantly inform our positions on physical custody and timeshare. We will discuss the findings of Dr. Sorensen's report in detail, including its implications for our mediation strategy, during our pre-mediation preparation meeting. A separate analysis memorandum regarding the custody evaluation will be provided to you at that time.
C. Holiday and Vacation Schedule
We propose an alternating annual schedule for the major holidays and school breaks, structured on an even-year/odd-year basis. Under this proposal, you and Mr. Medrano would alternate custody during the following periods:
• Thanksgiving break (Wednesday after school through the following Sunday evening)
• Winter break (divided into two segments: the first segment running from the last day of school through December 25 at noon, and the second segment running from December 25 at noon through January 1 at 6:00 p.m., with the segments alternating each year)
• Spring break (Saturday through the following Saturday)
• Each parent's designated holidays (e.g., Mother's Day always with you; Father's Day always with Mr. Medrano; children's birthdays alternating by year or shared)
The summer 50/50 split, as described above, would operate independently of the holiday schedule.
We will prepare a detailed proposed holiday schedule in chart form for use during the mediation.
D. Travel and On-Location Work Provisions
Given Mr. Medrano's professional travel obligations and the fact that both you and Mr. Medrano may have occasion to travel with the children, we propose the following travel notification and consent provisions:
• International travel (travel outside the continental United States): A minimum of thirty (30) calendar days' written notice to the other parent, together with a proposed itinerary, and the other parent's written consent prior to departure. Consent shall not be unreasonably withheld.
• Domestic travel outside California: A minimum of fourteen (14) calendar days' written notice to the other parent, including a proposed itinerary and contact information for the destination.
• On-location work provision: If either parent accepts professional work requiring travel or absence from the Los Angeles area for a period exceeding fourteen (14) consecutive calendar days, the custodial time that would otherwise have been exercised during the absence shall transfer to the other parent, and the absent parent shall be entitled to make-up time to be exercised within sixty (60) calendar days of the parent's return, at mutually agreed-upon dates or, absent agreement, as determined by the parenting coordinator (discussed in Section IV.I below).
These provisions are designed to protect the children's routine and ensure that neither parent's professional travel results in a loss of parenting time without a reasonable mechanism for recoupment. This issue is likely to be one of the more closely negotiated aspects of the parenting plan, and we anticipate that Mr. Medrano's counsel may push back on the fourteen-day threshold. We will discuss our negotiating strategy on this point during the preparation meeting.
E. Child Support
Child support in California is calculated according to a statewide guideline formula, as set forth in California Family Code § 4055 et seq. The guideline calculation takes into account each parent's gross income, the timeshare percentage, tax filing status, and certain allowable deductions.
Based on the financial information currently available, the relevant income figures are as follows:
• Ms. Fonseca's gross monthly income: $72,500 ($870,000 annually), comprising:
• Base salary at Luminos Entertainment Group, Inc.: $485,000
• Average annual performance bonus: $210,000
• Annual restricted stock unit (RSU) vesting: $175,000
• Mr. Medrano's imputed gross monthly income: $28,333 ($340,000 annual average), as determined by the forensic income analysis prepared by Harold K. Yamamoto, CPA/ABV/CFF, of Yamamoto Brace & Liu, LLP. Mr. Medrano's income is derived from freelance cinematography engagements booked through his entity, Medrano Visuals, LLC, and has varied considerably from year to year. The imputed figure of $340,000 represents Mr. Yamamoto's determination of Mr. Medrano's average annual earning capacity based on a review of his income over the most recent five-year period.
• Combined gross monthly income: $100,833.
Using these income figures and the proposed school-year timeshare of approximately 65% Fonseca / 35% Medrano, the DissoMaster guideline child support calculation for two children yields an approximate monthly support obligation of $1,274 payable by you to Mr. Medrano.
Your position on child support is as follows: You are willing to pay guideline child support or, alternatively, to negotiate a modest deviation below guideline in exchange for Mr. Medrano's agreement to assume a higher proportionate share of extracurricular and enrichment activity costs (discussed in Section IV.G below). We believe this approach reflects a reasonable and good-faith negotiating posture, and it may appeal to Mr. Medrano if he values flexibility in extracurricular decision-making.
It is important to note that the exact child support figure will depend on the final timeshare arrangement that the parties agree upon. If the timeshare shifts in either direction, the guideline support obligation will adjust accordingly. We will have the DissoMaster software available during the mediation to run updated calculations in real time as the timeshare negotiations progress.
F. Education Costs
As noted above, both Isabela and Mateo are enrolled at Ridgeview Academy in Sherman Oaks. The combined annual tuition for both children is $59,200, broken down as follows:
• Isabela (first grade): $32,400/year
• Mateo (pre-kindergarten): $26,800/year
We propose that tuition costs be allocated between the parties in proportion to their respective gross incomes, which yields an approximate split of 70% Fonseca ($41,440/year) / 30% Medrano ($17,760/year). This allocation reflects the significant income disparity between the parties while ensuring that both parents contribute meaningfully to the children's educational expenses. To the extent that tuition increases in future years, the proportionate allocation would remain the same, subject to periodic review.
G. Extracurricular and Enrichment Activities
Isabela and Mateo are currently participating in range extracurricular and enrichment activities, and we anticipate that their involvement in such activities will expand as they grow older. We propose a cost-sharing arrangement for extracurricular and enrichment expenses, with the exact proportionate split to be negotiated during the mediation.
In addition, we may propose a per-child, per-quarter cost cap above which both parents must provide mutual written consent before the expense is incurred. This mechanism is designed to prevent either parent from unilaterally enrolling the children in expensive programs or activities without the other parent's input, while preserving flexibility for routine extracurricular participation at reasonable cost levels. The specific threshold amount will be a subject of negotiation.
H. Healthcare
The children are currently enrolled in your employer-sponsored health insurance plan through Luminos Entertainment Group, Inc., underwritten by Veridian Health Insurance Co. The plan provides comprehensive medical, dental, and vision coverage.
Our proposal is that the children remain on the Veridian Health Insurance plan for as long as coverage remains available to you through Luminos Entertainment Group. Unreimbursed medical expenses — including dental, orthodontic, and mental health expenses — would be shared between the parties in proportion to their respective incomes, which, consistent with the allocation for education costs, would be approximately 70% Fonseca / 30% Medrano.
I. Parenting Coordinator
Given the complexity of the proposed parenting plan and the potential for day-to-day implementation disputes — particularly with respect to travel schedules, make-up time, and extracurricular enrollment decisions — we may propose the appointment of a licensed family therapist to serve as a parenting plan coordinator. The parenting coordinator would serve as a neutral resource to help the parties resolve practical implementation disputes without the need to return to court. The parenting coordinator would not have the authority to modify the terms of the underlying parenting-plan agreement, but could make recommendations regarding scheduling adjustments and day-to-day logistical matters within defined parameters.
We will discuss the potential benefits and costs of a parenting coordinator during our preparation meeting and determine whether to include this proposal in our initial mediation presentation.
J. Confidentiality and Non-Disparagement
Given that both you and Mr. Medrano occupy public-facing roles in the entertainment industry, and given the significant privacy interests of the children, we will propose a mutual non-disparagement and confidentiality clause as a component of the parenting-plan agreement. This clause would require both parties to:
• Refrain from making disparaging statements about the other parent in the presence of the children, in communications with third parties, or in any public forum, including social media;
• Maintain the confidentiality of all financial terms of the agreement, including child support amounts and cost-sharing allocations;
• Maintain the confidentiality of the findings and recommendations contained in Dr. Sorensen's custody evaluation report; and
• Refrain from disclosing the details of the parenting-plan agreement to members of the media, publicists, agents, or other third parties without the prior written consent of the other parent, except as required by law.
We believe this provision serves the best interests of both parents and, more importantly, protects Isabela and Mateo from the potential harm of public exposure of their family's private affairs.
V. Ms. Fonseca's Settlement Objectives — Summary
For your reference, the following is a concise summary of the primary settlement objectives that we will seek to achieve through the mediation process:
1. Primary Physical Custody. Secure a parenting plan in which you serve as the children's primary residential parent with a majority timeshare (approximately 65/35 during the school year), providing stability and continuity for Isabela and Mateo, particularly in connection with their enrollment at Ridgeview Academy.
2. Joint Legal Custody with Educational Tie-Breaking Authority. Obtain an order of joint legal custody that includes your designation as the tie-breaking decision-maker on matters relating to the children's education.
3. Workable Travel and On-Location Work Framework. Establish a clear, enforceable framework that accounts for Mr. Medrano's on-location work absences, protects the children's routine and school attendance, and provides a fair make-up time mechanism.
4. Fair Child Support and Cost-Sharing. Reach a child support arrangement at or modestly below guideline, tied to equitable proportionate cost-sharing for education, extracurricular activities, and healthcare expenses.
5. Confidentiality. Maintain strict confidentiality with respect to all financial terms, the custody evaluation findings, and the details of the parenting-plan agreement.
6. Resolution Through Agreement. Avoid a contested hearing. Resolve all outstanding issues through the mediation process, preserving the co-parenting relationship and shielding the children from the adversarial dynamics of litigation.
These objectives reflect our understanding of your priorities as communicated to us over the course of our representation. If any of these objectives do not accurately reflect your current thinking, or if your priorities have shifted since our last discussion, please let us know immediately so that we can adjust our strategy accordingly before the mediation.
VI. Preparation Guidance
A. Pre-Mediation Meeting
We would like to schedule a pre-mediation preparation meeting with you at our offices during the week of November 6–10, 2023. The meeting will take place at:
Calderwood & Harkness LLP 777 South Flower Street, Suite 3400 Los Angeles, CA 90017
We anticipate that this preparation meeting will last approximately two to three hours. During the meeting, we will:
• Review the findings and recommendations of Dr. Elena V. Sorensen's custody evaluation report in detail, including an assessment of how the report's conclusions support or complicate our positions;
• Walk through the anticipated arguments and proposals that we expect Mr. Medrano and his counsel, Ms. Kwan, to advance during the mediation;
• Discuss the range of acceptable settlement terms on each of the major issues, including our initial proposal, our target outcome, and our minimum acceptable terms;
• Rehearse your opening statement, including tone, key themes, and the specific points you wish to convey to Judge Yee; and
• Address any questions or concerns you may have about the mediation process or the substantive issues.
Please contact Devon Archer at your earliest convenience to confirm your availability for this meeting. We recommend scheduling the meeting as early in the week as possible to allow adequate time for follow-up preparation before the November 17 session.
B. Documents to Review
In advance of the pre-mediation preparation meeting, we ask that you review the following documents, all of which are in your possession or will be provided to you shortly:
1. The Temporary Custody Order dated May 30, 2023, setting forth the current 60/40 timeshare arrangement.
2. Dr. Elena V. Sorensen's Custody Evaluation Report, delivered October 6, 2023. This is a lengthy and detailed report, and we understand that it may be difficult to absorb in a single reading. Our team is preparing a separate analysis memorandum summarizing the report's key findings, strengths, and potential vulnerabilities, which will be provided to you before or at the time of the preparation meeting.
3. The Income and Expense Declarations (Form FL-150) filed by both you and Mr. Medrano. These declarations form the basis of the child support calculation and the cost-sharing proposals.
4. The Forensic Income Analysis prepared by Harold K. Yamamoto, CPA/ABV/CFF, of Yamamoto Brace & Liu, LLP, regarding Mr. Medrano's freelance earnings through Medrano Visuals, LLC. This analysis establishes the imputed income figure for Mr. Medrano that we will use in the guideline support calculation.
If you are unable to locate any of these documents, please let Devon Archer know and we will provide replacement copies promptly.
C. Demeanor and Approach
Mediation is a collaborative process, and your demeanor during the session will play an important role in setting the tone for negotiations and in making a positive impression on Judge Yee. We offer the following guidance:
• Adopt a collaborative and child-focused tone. Frame your positions in terms of what is best for Isabela and Mateo, rather than in terms of what you want for yourself or what Mr. Medrano has done wrong. Judges and experienced mediators like Judge Yee are attuned to the distinction between parents who are genuinely focused on their children's welfare and those who are motivated primarily by personal grievances.
• Avoid disparaging Mr. Medrano. Even if you feel strongly about certain aspects of Mr. Medrano's conduct or parenting, the mediation is not the appropriate venue to express anger, frustration, or criticism. If there are factual points about Mr. Medrano's availability or parenting capacity that need to be communicated, we will present them in a measured and factual manner through your counsel.
• Demonstrate flexibility and a willingness to co-parent. Judge Yee will likely respond well to parents who show that they are willing to accommodate the other parent's reasonable needs and that they value the children's relationship with both parents. This does not mean that you should agree to terms that are not in your or the children's best interests — it means that the spirit in which you engage in the process matters.
• Listen carefully. During joint sessions, listen attentively to what Mr. Medrano and his counsel say. Understanding his perspective — even if you disagree with it — will help us craft more effective counterproposals.
• Consult with your attorneys before responding to any substantive proposal. During the mediation, you should not feel pressured to respond to any offer or proposal on the spot. We will be by your side throughout the process, and we will caucus privately with you before any significant decisions are made.
D. Practical Considerations
Please keep the following practical matters in mind as you prepare for November 17:
• Dress: Business casual attire is appropriate for the mediation setting.
• Building access: The building at 801 South Figueroa Street may require photo identification and sign-in at the lobby security desk. Please bring a valid government-issued photo ID.
• Availability: As noted above, please plan to be available for the full day. While we hope to make substantial progress early in the session, it is not uncommon for the most productive negotiations to occur later in the day.
• No electronic recording: California law and mediation rules prohibit the electronic recording of mediation sessions. Please do not bring any recording device, and do not attempt to record any portion of the mediation on your phone or any other device.
• Confidentiality reminder: You should not discuss the details of the mediation — including the date, location, participants, or substance of the negotiations — with anyone other than your legal team at Calderwood & Harkness LLP. This includes family members, friends, colleagues, agents, managers, publicists, and anyone else. If someone asks you about the status of the case, you may simply say that the matter is ongoing and that you are not able to discuss it.
VII. Confidential Mediation Brief
Our team is in the process of preparing a confidential mediation brief that will be submitted to Judge Yee in advance of the November 17 session. Our target submission date is November 10, 2023, which will give Judge Yee adequate time to review the brief and familiarize herself with the factual and legal background of the case before the mediation.
The confidential mediation brief will summarize:
• The factual background of the case, including the history of the parties' relationship, the circumstances surrounding the filing, and the current custodial arrangement;
• Ms. Fonseca's positions on each of the major issues, as outlined in this letter;
• The findings of Dr. Sorensen's custody evaluation report, to the extent relevant to the mediation;
• The child support analysis, including the relevant income figures and guideline calculations; and
• The proposed resolution, including a detailed parenting-plan proposal.
We will provide you with a draft of the mediation brief for your review before it is submitted to Judge Yee. Your input on the factual narrative and the framing of your positions is important, and we want to ensure that the brief accurately reflects your perspective. Please review the draft promptly when you receive it and communicate any corrections, concerns, or additions to Devon Archer.
VIII. Fees and Costs Related to Mediation
We want to ensure that you are fully informed about the fees and costs associated with the mediation process.
Mediator's Fees. Judge Yee's fees for the mediation are to be shared equally between the parties. Your share of the mediator's fees will be advanced by Calderwood & Harkness LLP as a cost on your behalf and will be reflected on your monthly billing statements. Judge Yee's fee schedule, which has been provided to both parties, will be available for your review at the preparation meeting.
Attorney Fees. Calderwood & Harkness LLP's time spent preparing for and attending the mediation will be billed at the applicable hourly rates of the team members involved. For your reference, the current hourly rates for the attorneys who may perform work on this matter are as follows:
Overall Fee Estimate. We remind you that the original fee estimate for the overall matter, as communicated at the outset of the engagement, was in the range of $120,000 to $175,000. This estimate was predicated on the assumption that the matter would be resolved through mediation or negotiated settlement rather than a contested hearing. Based on the current posture of the case and the progress we have made in preparing for mediation, the matter remains on track within this estimated range, assuming a successful resolution through the mediation process. If the matter does not resolve in mediation and proceeds to a contested hearing, the total fees and costs would increase substantially, and we would provide you with a revised estimate at that time.
IX. Next Steps
In summary, the following action items require your attention in the coming days:
1. Confirm your availability for the mediation session on November 17, 2023. Please contact Devon Archer to confirm that this date remains workable for your schedule.
2. Schedule the pre-mediation preparation meeting during the week of November 6–10, 2023. Please contact Devon Archer to identify a date and time that works for you.
3. Review the documents identified in Section VI.B above in advance of the preparation meeting.
4. Review the draft mediation brief when it is circulated to you, which we expect will be on or about November 7, 2023. Please provide any comments, corrections, or concerns promptly so that the brief can be finalized and submitted to Judge Yee by November 10.
5. Coordination with Minor's Counsel. Our firm will coordinate with Minor's Counsel Tessa L. Brannigan regarding Ms. Brannigan's positions on the parenting-plan issues. A letter outlining our proposed parenting plan has been sent to Ms. Brannigan as of November 8, 2023, and we will report to you on any feedback we receive from her office.
6. Contact Devon Archer if you have any questions, concerns, or new information that may be relevant to the mediation in the interim. Devon can be reached by email or by telephone at our office number.
X. Closing
We recognize that the mediation process can feel daunting, particularly given the deeply personal nature of the issues at stake. Please know that our entire team is committed to guiding you through this process with diligence, sensitivity, and a relentless focus on achieving the best possible outcome for Isabela and Mateo.
We are confident that mediation provides a strong pathway to a resolution that serves the best interests of your children while preserving your family's privacy and avoiding the emotional and financial costs of a contested hearing. Judge Yee is an exceptionally skilled mediator, and we believe that the careful preparation we have undertaken positions you well for a productive and successful mediation session.
We look forward to working with you in the weeks ahead and to achieving a result that reflects your priorities as a devoted mother and that provides Isabela and Mateo with the stability, continuity, and security they deserve.
If you have any questions about the contents of this letter or about any aspect of the upcoming mediation, please do not hesitate to reach out.
Very truly yours,
CALDERWOOD & HARKNESS LLP
By: ________
Devon Archer Lead Associate
cc: Priya Anand, Partner, Calderwood & Harkness LLP cc: Oliver Mackenzie, Partner, Calderwood & Harkness LLP (via email)
Enclosures: None (documents referenced herein to be provided separately at the pre-mediation preparation meeting)
This communication is confidential and protected by the attorney-client privilege. It is intended solely for the use of the addressee. If you have received this communication in error, please notify the sender immediately and destroy all copies.
Attorney | Role | Hourly Rate
Oliver Mackenzie | Partner | $925/hr
Priya Anand | Partner | $875/hr
Devon Archer | Lead Associate | $625/hr
Nadia Petrov | Associate | $485/hr

CALDERWOOD & HARKNESS LLP Attorneys at Law

CALDERWOOD & HARKNESS LLP

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