letter-client-temporary-custody-order.docx

1035-00002 · Calderwood & Harkness LLP · Client Correspondence

letter-client-temporary-custody-order.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) 555-7100 Facsimile: (213) 555-7101 www.calderwoodharkness.com

May 31, 2023

CONFIDENTIAL — ATTORNEY-CLIENT PRIVILEGED

Via Email and U.S. Mail

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

Re: Temporary Custody Order — In re Fonseca/Medrano, Case No. 22STFL09847, Superior Court of California, County of Los Angeles

C&H Matter No. 1035-00002

Dear Ms. Fonseca:

We are writing to provide you with a detailed summary and analysis of the temporary custody order entered by the Honorable Judge Patricia Tran on May 30, 2023, in the above-referenced matter. As you will recall, this order was issued in connection with our Request for Order (RFO) regarding custody and child support, which we filed on your behalf on May 2, 2023. The order addresses temporary legal and physical custody as well as the custodial timeshare for your minor children, Isabela Luz Fonseca-Medrano (date of birth: February 11, 2017, age 6) and Mateo Elías Fonseca-Medrano (date of birth: August 29, 2019, age 3), pending the resolution of the custody and support issues that were reserved in the Judgment of Dissolution of Marriage entered on November 3, 2022. A copy of the filed and endorsed temporary custody order is enclosed with this letter for your records.

We understand that the litigation process can be both stressful and confusing, particularly when it involves matters as deeply personal as the custody of your children. This letter is intended to ensure that you have a clear and thorough understanding of the court's order, the current posture of the case, and the steps we will be taking in the weeks and months ahead to advance your interests and protect the well-being of Isabela and Mateo.

I. Summary of the Temporary Custody Order

The temporary custody order entered on May 30, 2023, addresses both legal custody and physical custody of the minor children. We summarize each component below.

A. Legal Custody

The court granted temporary joint legal custody to both you and Mr. Rafael J. Medrano. Joint legal custody means that both parents share the right and the responsibility to participate in making major decisions affecting the children's health, education, and general welfare during the pendency of these proceedings. Such decisions include, but are not limited to, choices regarding the children's schooling and educational programming, medical and dental treatment (including decisions about therapy, medication, and elective procedures), religious instruction and activities, and participation in extracurricular activities.

Under a joint legal custody arrangement, neither parent may unilaterally make a major decision affecting the children without first consulting the other parent and making a good-faith effort to reach agreement. If you and Mr. Medrano are unable to agree on a particular issue, the dispute may be referred to mediation or, if necessary, to the court for resolution. Day-to-day decisions — such as meals, bedtimes, homework supervision, and routine discipline — remain within the discretion of whichever parent has physical custody of the children at the time.

We want to emphasize that the award of joint legal custody is standard in California family law proceedings and does not diminish your role or authority as a parent. It does, however, require that you maintain a level of communication with Mr. Medrano regarding significant decisions. We recommend that all such communications be conducted in writing — by email or through a co-parenting application such as OurFamilyWizard — so that a clear record exists of each parent's participation in the decision-making process.

B. Physical Custody and Timeshare

The court ordered temporary joint physical custody with a 60/40 timeshare in your favor. This is a favorable result and reflects the court's recognition of your established role as the children's primary residential parent. In practical terms, approximately 60% of the children's overnights will be spent at your residence at 1742 Laurel Canyon Boulevard, Unit 3A, Studio City, California, and approximately 40% at Mr. Medrano's residence at 609 Moorpark Street, Apartment 12, North Hollywood, California.

The specific weekly schedule established by the court is as follows:

• Your custodial time begins each Thursday after school (or at 3:00 p.m. on non-school days) and continues through Monday morning school drop-off (or 9:00 a.m. on non-school days). This provides you with custody on Thursday evening, Friday, Saturday, Sunday, and Monday morning — a total of four overnights per week.

• Mr. Medrano's custodial time begins each Monday after school (or at 3:00 p.m. on non-school days) and continues through Thursday morning school drop-off (or 9:00 a.m. on non-school days). This provides Mr. Medrano with custody on Monday evening, Tuesday, and Wednesday — a total of three overnights per week.

Over the course of a fourteen-day period, this schedule allocates eight overnights to you and six overnights to Mr. Medrano, yielding the approximately 60/40 split ordered by the court. The order further provides that exchanges shall take place at the children's school, Ridgeview Academy, during the school year, and at a mutually agreed-upon public location during school breaks and holidays. If the parties cannot agree on an exchange location during non-school periods, the default location shall be the Ralphs supermarket parking lot located at 12842 Ventura Boulevard, Studio City.

Importantly, the court's order expressly provides that the children's enrollment at Ridgeview Academy, located at 4515 Sepulveda Boulevard, Sherman Oaks, California, shall remain undisturbed. Both parents are equally responsible for ensuring that the children attend school on time during their respective custodial periods. Neither parent may withdraw the children from Ridgeview Academy or transfer them to another school without the written consent of the other parent or a court order.

The order does not yet address the holiday and summer vacation schedule. We anticipate that this will be addressed either through negotiation with Mr. Medrano's counsel or at a future hearing. In the interim, the regular weekly schedule set forth above will continue to apply, including during school breaks.

C. Temporary Nature of the Order

It is essential that you understand that this order is temporary in nature. It is effective only during the pendency of the proceedings and does not constitute a final determination of custody, visitation, or child support. The Judgment of Dissolution of Marriage entered on November 3, 2022, in Case No. 22STFL09847 expressly reserved the court's jurisdiction over custody, visitation, and child support, and those issues remain to be resolved either by written stipulation of the parties or by further order of the court following an evidentiary hearing.

The temporary order replaces the informal custodial arrangement that had been in place between you and Mr. Medrano following the dissolution. As we discussed at the outset of our engagement, that informal arrangement functioned reasonably well for several months but broke down in early 2023 when Mr. Medrano accepted a seven-week on-location film shoot in Vancouver, British Columbia, leaving the children in your care full-time without adequate notice or agreement regarding the disruption to the children's routine. The court's entry of a formal temporary order provides much-needed structure and predictability for the children and gives you enforceable rights should Mr. Medrano fail to comply with the schedule.

We will continue to work toward a permanent custody arrangement that serves the best interests of Isabela and Mateo while protecting your rights as their mother and primary caretaker.

II. Child Support Status

The court did not make a temporary child support order at the May 30, 2023 hearing. The issue of child support remains pending and will be addressed at a future hearing once we have assembled the financial information necessary to support our request.

As you know, we filed your Income and Expense Declaration (Judicial Council Form FL-150) concurrently with the Request for Order on May 2, 2023. That declaration reported your total annual compensation of approximately $870,000, comprised of the following components:

• Base salary of $485,000 per year as Senior Vice President, Business and Legal Affairs, Luminos Entertainment Group, Inc.;

• Average annual performance bonus of $210,000 (based on a three-year historical average); and

• Annual restricted stock unit (RSU) vesting of approximately $175,000 under the Luminos Entertainment Group, Inc. 2019 Equity Incentive Plan.

In order to calculate guideline child support under California Family Code section 4055 et seq., we must also establish Mr. Medrano's income. Mr. Medrano is a freelance cinematographer and director of photography whose earnings flow primarily through his single-member limited liability company, Medrano Visuals, LLC. His income is variable and project-dependent, which complicates the calculation. He has not yet filed a responsive Income and Expense Declaration, and we anticipate that his reported income may not fully reflect his actual earning capacity.

To address this issue, we have engaged Harold K. Yamamoto, CPA/ABV/CFF, of Yamamoto Brace & Liu, LLP, to conduct a forensic income analysis of Mr. Medrano's earnings and the financial activity of Medrano Visuals, LLC. We discuss Mr. Yamamoto's engagement in greater detail below under "Next Steps." Once his analysis is complete, we will be in a position to present the court with a reliable basis for calculating Mr. Medrano's income and, by extension, the appropriate amount of guideline child support.

III. Respondent's Counsel

Mr. Medrano is represented in this matter by Gwendolyn R. Kwan (California State Bar No. 218453) and Benjamin T. Okafor (California State Bar No. 312776) of Kwan, Delacroix & Samuels LLP, located at 4400 Riverside Drive, Suite 700, Burbank, California 91505. Ms. Kwan is lead counsel and Mr. Okafor serves as the associate on the matter.

Pursuant to the California Rules of Professional Conduct, all communications with Mr. Medrano regarding this matter must be conducted through his counsel. You should not discuss the legal proceedings directly with Mr. Medrano. Communications regarding day-to-day parenting logistics — such as scheduling adjustments, school events, and the children's health — may continue to take place directly between you and Mr. Medrano, and we encourage such communication for the benefit of the children. However, if Mr. Medrano raises any legal topics or issues related to the court proceedings during such communications, please do not respond substantively and instead refer the matter to us.

IV. Next Steps

There are several important steps that we will be undertaking in the coming weeks and months. We outline each below.

A. Appointment of Minor's Counsel

We anticipate that the court will appoint an attorney to represent the interests of Isabela and Mateo in these proceedings, commonly referred to as "minor's counsel," pursuant to California Family Code section 3150. At the May 30 hearing, the court indicated its intention to make such an appointment at the next hearing date, which has been set for July 18, 2023.

Minor's counsel acts as an independent advocate for the children. Unlike a custody evaluator, who provides a recommendation to the court, minor's counsel is a licensed attorney who owes a duty of loyalty and confidentiality to the children and who participates in the proceedings on their behalf. Minor's counsel will independently assess what custody and visitation arrangement best serves the children's interests and may call witnesses, cross-examine other witnesses, present evidence, and make arguments to the court. In our experience, the court gives significant weight to the position taken by minor's counsel.

We will notify you promptly once the appointment is made and will coordinate with minor's counsel throughout the proceedings. It is important that you cooperate fully with minor's counsel and make yourself and the children available for any meetings or interviews that minor's counsel requests. The fees of minor's counsel are typically apportioned between the parties by the court, and we will advise you of any anticipated costs once the appointment is confirmed.

B. Custody Evaluation

We intend to propose, by stipulation with Mr. Medrano's counsel, the appointment of a qualified child custody evaluator to conduct a comprehensive evaluation of both parents and the children pursuant to California Family Code section 3111 and Evidence Code section 730. A custody evaluation is one of the most important components of any contested custody proceeding and can be highly influential in the court's ultimate determination of permanent custody and timeshare.

We are considering recommending Dr. Elena V. Sorensen, Psy.D. (California License No. PSY 24891), of Sorensen Family Behavioral Health, P.C., located at 15233 Ventura Boulevard, Suite 420, Encino, California 91436. Dr. Sorensen is highly regarded in high-profile family law matters in Los Angeles County and has been appointed as a custody evaluator by numerous judicial officers in the Central and Northwest Districts of the Los Angeles Superior Court. Her evaluations are thorough, well-reasoned, and carry substantial weight with the bench.

A comprehensive custody evaluation typically involves the following components:

• Individual interviews with each parent, conducted over multiple sessions;

• Observations of each parent interacting with the children in structured and unstructured settings;

• Home visits to each parent's residence;

• Collateral contacts with individuals who have relevant knowledge of the family, including the children's teachers at Ridgeview Academy, pediatrician(s), therapists, extended family members, and other significant persons in the children's lives;

• Psychological testing of each parent, which may include standardized instruments such as the MMPI-2, the Millon Clinical Multiaxial Inventory (MCMI-IV), and parenting-specific assessments; and

• Review of relevant records and documents, including court filings, school records, medical records, and communications between the parties.

The anticipated fee for Dr. Sorensen's evaluation is approximately $18,500. It is customary in Los Angeles County for the evaluation fee to be split equally between the parties, which would result in a cost to you of approximately $9,250. Your share would be advanced as a cost of the matter and drawn against your retainer deposit. We will discuss the timing and logistics of the payment with you once the evaluator has been formally appointed.

The evaluation report, once completed, will be a critical piece of evidence in our pursuit of a favorable custody arrangement. It will form the basis for settlement discussions and, if the matter proceeds to a contested hearing, will likely be admitted into evidence and given substantial weight by the court.

We will provide you with further guidance on how to prepare for the custody evaluation once Dr. Sorensen (or another qualified evaluator agreed upon by the parties) is formally appointed. In the meantime, we encourage you to continue to be the attentive and involved parent you have always been, to maintain a stable and nurturing home environment for the children, and to foster a positive relationship between the children and their father.

C. Forensic Income Analysis

As noted above, we have engaged Harold K. Yamamoto, CPA/ABV/CFF, of Yamamoto Brace & Liu, LLP, located at 333 South Grand Avenue, Suite 2800, Los Angeles, California 90071, to conduct a forensic analysis of Mr. Medrano's freelance earnings and the income flowing through Medrano Visuals, LLC. Mr. Yamamoto is a Certified Public Accountant who holds the Accredited in Business Valuation (ABV) and Certified in Financial Forensics (CFF) credentials issued by the American Institute of Certified Public Accountants. He has extensive experience in family law financial analysis and has been qualified as an expert witness in numerous proceedings in Los Angeles County Superior Court.

The flat fee for Mr. Yamamoto's engagement is $14,750, which will be drawn against your retainer deposit. Mr. Yamamoto's analysis will examine Mr. Medrano's tax returns, bank statements, business records, 1099 forms, and other financial documents to establish a reliable figure for Mr. Medrano's actual income and earning capacity. This figure will be essential for the California guideline child support calculation under Family Code section 4055 et seq.

We anticipate that we will need to serve discovery on Mr. Medrano — including Requests for Production of Documents, Special Interrogatories, and possibly a subpoena to Medrano Visuals, LLC's accountant — to obtain the financial records necessary for Mr. Yamamoto's analysis. We will keep you apprised of the discovery process and any issues that arise.

D. Mediation and Settlement Discussions

Our litigation strategy continues to prioritize reaching a negotiated resolution of the custody and support issues without the need for a contested trial, consistent with our discussion at the outset of our engagement. A negotiated settlement offers numerous advantages, including greater control over the outcome, reduced emotional toll on the children, lower litigation costs, and the avoidance of a public hearing record — a consideration of particular importance given both your and Mr. Medrano's public-facing roles in the entertainment industry.

That said, we are fully prepared to try this matter if a fair and appropriate settlement cannot be reached. Our approach is to build the strongest possible case for trial while simultaneously pursuing every reasonable opportunity for resolution.

Once the custody evaluation is complete and we have the forensic income analysis in hand, we will be well-positioned to initiate formal settlement discussions or mediation with Ms. Kwan and Mr. Okafor on behalf of Mr. Medrano. We will recommend a suitable mediator at the appropriate time. In matters of this nature and complexity, retired judicial officers with family law expertise — often retired Los Angeles Superior Court judges who sat in family law departments — are frequently the most effective mediators. Their experience and credibility can help bridge the gap between the parties' positions and facilitate a resolution that serves the children's best interests.

V. Costs and Billing Update

We wish to remind you that the $50,000 retainer deposit received from you on April 20, 2023, is being held in our client trust account and applied against legal fees and costs as they are incurred, in accordance with the terms of our engagement letter dated April 18, 2023.

The upcoming anticipated costs in this matter include:

• Your share of the custody evaluation fee: approximately $9,250

• Forensic accountant fee (Yamamoto Brace & Liu, LLP): $14,750

These costs, together with accruing attorney fees, will be drawn against the retainer deposit. We will notify you promptly if and when the retainer deposit is approaching exhaustion and an additional deposit is required.

For your reference, the hourly rate schedule for the attorneys working on your matter, as set forth in the engagement letter, is as follows:

Monthly billing statements will continue to be provided to you in the first week of each calendar month. The statements will itemize all time entries and costs for the preceding month. Please do not hesitate to contact us with any questions regarding fees, costs, or the billing statements at any time.

VI. Confidentiality Reminder

We remind you that all communications between Calderwood & Harkness LLP and you are protected by the attorney-client privilege. This means that the substance of our conversations, correspondence, and legal advice is confidential and cannot be disclosed to third parties without your consent, nor can it be compelled by opposing counsel or the court.

Given both your and Mr. Medrano's public-facing roles in the entertainment industry, we continue to strongly recommend that you refrain from discussing the details of the custody proceedings with third parties, including friends, colleagues, family members (other than those directly involved in the children's care), and especially members of the press or media. The only exceptions to this recommendation are your communications with your legal team at this firm and your tax and financial advisors, who may need to be apprised of certain aspects of the proceedings.

We also strongly advise that you exercise caution on social media. Posts, comments, photographs, and other content shared on social media platforms are routinely monitored by opposing counsel in family law matters and can be used as evidence. We recommend avoiding any references to the custody proceedings, your relationship with Mr. Medrano, or the children's custodial schedule on any social media platform.

To further protect the privacy interests of you, Mr. Medrano, and especially the children, we intend to file a motion seeking a sealing order for the court file in this matter. A sealing order would restrict public access to the filings, declarations, and other documents in the case, thereby reducing the risk of media attention and protecting the children from undue public exposure. We will discuss the timing and strategy for this motion with you in the coming days.

VII. Action Items for Client

To ensure that we can continue to advance your interests effectively, we respectfully ask that you attend to the following action items at your earliest convenience:

1. Review the enclosed temporary custody order. Please review the attached copy of the temporary custody order entered May 30, 2023, carefully and confirm that you understand the custodial schedule and all provisions contained therein. If you have any questions or concerns about any aspect of the order, please contact us immediately.

2. Begin assembling documentation for the custody evaluation. We recommend that you begin gathering any documentation that may be useful in the custody evaluation process. This includes, but is not limited to:

• The children's school records from Ridgeview Academy, including report cards, progress reports, attendance records, and any communications with teachers or administrators;

• Medical and dental records for both children, including vaccination records and records of any ongoing treatment;

• Records of the children's extracurricular activities, including enrollment forms, schedules, and any awards or certificates;

• Photographs and other documentation reflecting your involvement in the children's daily lives; and

• Any written communications between you and Mr. Medrano regarding the children that may be relevant to the custody issues (including text messages, emails, and co-parenting app messages).

3. Advise us of any changes to your work schedule. Please notify us promptly of any changes to your work schedule at Luminos Entertainment Group, Inc. that may affect custody logistics, including any upcoming travel, extended work hours, or changes to your employment status. It is important that we are aware of any potential scheduling conflicts so that we can plan accordingly and, if necessary, make appropriate arrangements.

4. Contact us with any questions. If you have any questions, concerns, or new information that you believe may be relevant to the case, please do not hesitate to contact Devon Archer at (213) 555-7124 or darcher@calderwoodharkness.com, or Nadia Petrov at (213) 555-7138 or npetrov@calderwoodharkness.com.

VIII. Closing Assessment

We want to close by sharing our assessment that the temporary custody order entered on May 30, 2023, represents a favorable outcome at this stage of the proceedings. The court's decision to award you the majority timeshare — a 60/40 split — reflects its recognition of your established role as the children's primary caretaker and the stability and continuity that your home provides for Isabela and Mateo. While there is substantial work ahead of us as we pursue a permanent custody arrangement, this temporary order provides a strong foundation from which to build.

The entire Calderwood & Harkness team assigned to your matter — Mr. Mackenzie, Ms. Anand, myself, and Ms. Petrov — is working diligently and collaboratively to achieve the best possible permanent resolution for you and your children. We are committed to protecting your rights, advancing the children's best interests, and pursuing this matter with the care, professionalism, and discretion that it demands.

Please do not hesitate to call or email at any time with questions or concerns. We are here to guide you through this process and to ensure that you feel informed and supported at every step.

Very truly yours,

CALDERWOOD & HARKNESS LLP

By: ________

Devon Archer Lead Associate Direct: (213) 555-7124

Email: darcher@calderwoodharkness.com

California State Bar No. 327914

Enclosure: Copy of Temporary Custody Order dated May 30, 2023

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

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

CALDERWOOD & HARKNESS LLP Attorneys at Law 777 South Flower Street, Suite 3400 Los Angeles, California 90017 Telephone: (213) 555-7100 Facsimile: (213) 555-7101 www.calderwoodharkness.com
May 31, 2023
CONFIDENTIAL — ATTORNEY-CLIENT PRIVILEGED
Via Email and U.S. Mail
Marguerite D. Fonseca 1742 Laurel Canyon Boulevard, Unit 3A Studio City, CA 91604
Re: Temporary Custody Order — In re Fonseca/Medrano, Case No. 22STFL09847, Superior Court of California, County of Los Angeles
C&H Matter No. 1035-00002
Dear Ms. Fonseca:
We are writing to provide you with a detailed summary and analysis of the temporary custody order entered by the Honorable Judge Patricia Tran on May 30, 2023, in the above-referenced matter. As you will recall, this order was issued in connection with our Request for Order (RFO) regarding custody and child support, which we filed on your behalf on May 2, 2023. The order addresses temporary legal and physical custody as well as the custodial timeshare for your minor children, Isabela Luz Fonseca-Medrano (date of birth: February 11, 2017, age 6) and Mateo Elías Fonseca-Medrano (date of birth: August 29, 2019, age 3), pending the resolution of the custody and support issues that were reserved in the Judgment of Dissolution of Marriage entered on November 3, 2022. A copy of the filed and endorsed temporary custody order is enclosed with this letter for your records.
We understand that the litigation process can be both stressful and confusing, particularly when it involves matters as deeply personal as the custody of your children. This letter is intended to ensure that you have a clear and thorough understanding of the court's order, the current posture of the case, and the steps we will be taking in the weeks and months ahead to advance your interests and protect the well-being of Isabela and Mateo.
I. Summary of the Temporary Custody Order
The temporary custody order entered on May 30, 2023, addresses both legal custody and physical custody of the minor children. We summarize each component below.
A. Legal Custody
The court granted temporary joint legal custody to both you and Mr. Rafael J. Medrano. Joint legal custody means that both parents share the right and the responsibility to participate in making major decisions affecting the children's health, education, and general welfare during the pendency of these proceedings. Such decisions include, but are not limited to, choices regarding the children's schooling and educational programming, medical and dental treatment (including decisions about therapy, medication, and elective procedures), religious instruction and activities, and participation in extracurricular activities.
Under a joint legal custody arrangement, neither parent may unilaterally make a major decision affecting the children without first consulting the other parent and making a good-faith effort to reach agreement. If you and Mr. Medrano are unable to agree on a particular issue, the dispute may be referred to mediation or, if necessary, to the court for resolution. Day-to-day decisions — such as meals, bedtimes, homework supervision, and routine discipline — remain within the discretion of whichever parent has physical custody of the children at the time.
We want to emphasize that the award of joint legal custody is standard in California family law proceedings and does not diminish your role or authority as a parent. It does, however, require that you maintain a level of communication with Mr. Medrano regarding significant decisions. We recommend that all such communications be conducted in writing — by email or through a co-parenting application such as OurFamilyWizard — so that a clear record exists of each parent's participation in the decision-making process.
B. Physical Custody and Timeshare
The court ordered temporary joint physical custody with a 60/40 timeshare in your favor. This is a favorable result and reflects the court's recognition of your established role as the children's primary residential parent. In practical terms, approximately 60% of the children's overnights will be spent at your residence at 1742 Laurel Canyon Boulevard, Unit 3A, Studio City, California, and approximately 40% at Mr. Medrano's residence at 609 Moorpark Street, Apartment 12, North Hollywood, California.
The specific weekly schedule established by the court is as follows:
• Your custodial time begins each Thursday after school (or at 3:00 p.m. on non-school days) and continues through Monday morning school drop-off (or 9:00 a.m. on non-school days). This provides you with custody on Thursday evening, Friday, Saturday, Sunday, and Monday morning — a total of four overnights per week.
• Mr. Medrano's custodial time begins each Monday after school (or at 3:00 p.m. on non-school days) and continues through Thursday morning school drop-off (or 9:00 a.m. on non-school days). This provides Mr. Medrano with custody on Monday evening, Tuesday, and Wednesday — a total of three overnights per week.
Over the course of a fourteen-day period, this schedule allocates eight overnights to you and six overnights to Mr. Medrano, yielding the approximately 60/40 split ordered by the court. The order further provides that exchanges shall take place at the children's school, Ridgeview Academy, during the school year, and at a mutually agreed-upon public location during school breaks and holidays. If the parties cannot agree on an exchange location during non-school periods, the default location shall be the Ralphs supermarket parking lot located at 12842 Ventura Boulevard, Studio City.
Importantly, the court's order expressly provides that the children's enrollment at Ridgeview Academy, located at 4515 Sepulveda Boulevard, Sherman Oaks, California, shall remain undisturbed. Both parents are equally responsible for ensuring that the children attend school on time during their respective custodial periods. Neither parent may withdraw the children from Ridgeview Academy or transfer them to another school without the written consent of the other parent or a court order.
The order does not yet address the holiday and summer vacation schedule. We anticipate that this will be addressed either through negotiation with Mr. Medrano's counsel or at a future hearing. In the interim, the regular weekly schedule set forth above will continue to apply, including during school breaks.
C. Temporary Nature of the Order
It is essential that you understand that this order is temporary in nature. It is effective only during the pendency of the proceedings and does not constitute a final determination of custody, visitation, or child support. The Judgment of Dissolution of Marriage entered on November 3, 2022, in Case No. 22STFL09847 expressly reserved the court's jurisdiction over custody, visitation, and child support, and those issues remain to be resolved either by written stipulation of the parties or by further order of the court following an evidentiary hearing.
The temporary order replaces the informal custodial arrangement that had been in place between you and Mr. Medrano following the dissolution. As we discussed at the outset of our engagement, that informal arrangement functioned reasonably well for several months but broke down in early 2023 when Mr. Medrano accepted a seven-week on-location film shoot in Vancouver, British Columbia, leaving the children in your care full-time without adequate notice or agreement regarding the disruption to the children's routine. The court's entry of a formal temporary order provides much-needed structure and predictability for the children and gives you enforceable rights should Mr. Medrano fail to comply with the schedule.
We will continue to work toward a permanent custody arrangement that serves the best interests of Isabela and Mateo while protecting your rights as their mother and primary caretaker.
II. Child Support Status
The court did not make a temporary child support order at the May 30, 2023 hearing. The issue of child support remains pending and will be addressed at a future hearing once we have assembled the financial information necessary to support our request.
As you know, we filed your Income and Expense Declaration (Judicial Council Form FL-150) concurrently with the Request for Order on May 2, 2023. That declaration reported your total annual compensation of approximately $870,000, comprised of the following components:
• Base salary of $485,000 per year as Senior Vice President, Business and Legal Affairs, Luminos Entertainment Group, Inc.;
• Average annual performance bonus of $210,000 (based on a three-year historical average); and
• Annual restricted stock unit (RSU) vesting of approximately $175,000 under the Luminos Entertainment Group, Inc. 2019 Equity Incentive Plan.
In order to calculate guideline child support under California Family Code section 4055 et seq., we must also establish Mr. Medrano's income. Mr. Medrano is a freelance cinematographer and director of photography whose earnings flow primarily through his single-member limited liability company, Medrano Visuals, LLC. His income is variable and project-dependent, which complicates the calculation. He has not yet filed a responsive Income and Expense Declaration, and we anticipate that his reported income may not fully reflect his actual earning capacity.
To address this issue, we have engaged Harold K. Yamamoto, CPA/ABV/CFF, of Yamamoto Brace & Liu, LLP, to conduct a forensic income analysis of Mr. Medrano's earnings and the financial activity of Medrano Visuals, LLC. We discuss Mr. Yamamoto's engagement in greater detail below under "Next Steps." Once his analysis is complete, we will be in a position to present the court with a reliable basis for calculating Mr. Medrano's income and, by extension, the appropriate amount of guideline child support.
III. Respondent's Counsel
Mr. Medrano is represented in this matter by Gwendolyn R. Kwan (California State Bar No. 218453) and Benjamin T. Okafor (California State Bar No. 312776) of Kwan, Delacroix & Samuels LLP, located at 4400 Riverside Drive, Suite 700, Burbank, California 91505. Ms. Kwan is lead counsel and Mr. Okafor serves as the associate on the matter.
Pursuant to the California Rules of Professional Conduct, all communications with Mr. Medrano regarding this matter must be conducted through his counsel. You should not discuss the legal proceedings directly with Mr. Medrano. Communications regarding day-to-day parenting logistics — such as scheduling adjustments, school events, and the children's health — may continue to take place directly between you and Mr. Medrano, and we encourage such communication for the benefit of the children. However, if Mr. Medrano raises any legal topics or issues related to the court proceedings during such communications, please do not respond substantively and instead refer the matter to us.
IV. Next Steps
There are several important steps that we will be undertaking in the coming weeks and months. We outline each below.
A. Appointment of Minor's Counsel
We anticipate that the court will appoint an attorney to represent the interests of Isabela and Mateo in these proceedings, commonly referred to as "minor's counsel," pursuant to California Family Code section 3150. At the May 30 hearing, the court indicated its intention to make such an appointment at the next hearing date, which has been set for July 18, 2023.
Minor's counsel acts as an independent advocate for the children. Unlike a custody evaluator, who provides a recommendation to the court, minor's counsel is a licensed attorney who owes a duty of loyalty and confidentiality to the children and who participates in the proceedings on their behalf. Minor's counsel will independently assess what custody and visitation arrangement best serves the children's interests and may call witnesses, cross-examine other witnesses, present evidence, and make arguments to the court. In our experience, the court gives significant weight to the position taken by minor's counsel.
We will notify you promptly once the appointment is made and will coordinate with minor's counsel throughout the proceedings. It is important that you cooperate fully with minor's counsel and make yourself and the children available for any meetings or interviews that minor's counsel requests. The fees of minor's counsel are typically apportioned between the parties by the court, and we will advise you of any anticipated costs once the appointment is confirmed.
B. Custody Evaluation
We intend to propose, by stipulation with Mr. Medrano's counsel, the appointment of a qualified child custody evaluator to conduct a comprehensive evaluation of both parents and the children pursuant to California Family Code section 3111 and Evidence Code section 730. A custody evaluation is one of the most important components of any contested custody proceeding and can be highly influential in the court's ultimate determination of permanent custody and timeshare.
We are considering recommending Dr. Elena V. Sorensen, Psy.D. (California License No. PSY 24891), of Sorensen Family Behavioral Health, P.C., located at 15233 Ventura Boulevard, Suite 420, Encino, California 91436. Dr. Sorensen is highly regarded in high-profile family law matters in Los Angeles County and has been appointed as a custody evaluator by numerous judicial officers in the Central and Northwest Districts of the Los Angeles Superior Court. Her evaluations are thorough, well-reasoned, and carry substantial weight with the bench.
A comprehensive custody evaluation typically involves the following components:
• Individual interviews with each parent, conducted over multiple sessions;
• Observations of each parent interacting with the children in structured and unstructured settings;
• Home visits to each parent's residence;
• Collateral contacts with individuals who have relevant knowledge of the family, including the children's teachers at Ridgeview Academy, pediatrician(s), therapists, extended family members, and other significant persons in the children's lives;
• Psychological testing of each parent, which may include standardized instruments such as the MMPI-2, the Millon Clinical Multiaxial Inventory (MCMI-IV), and parenting-specific assessments; and
• Review of relevant records and documents, including court filings, school records, medical records, and communications between the parties.
The anticipated fee for Dr. Sorensen's evaluation is approximately $18,500. It is customary in Los Angeles County for the evaluation fee to be split equally between the parties, which would result in a cost to you of approximately $9,250. Your share would be advanced as a cost of the matter and drawn against your retainer deposit. We will discuss the timing and logistics of the payment with you once the evaluator has been formally appointed.
The evaluation report, once completed, will be a critical piece of evidence in our pursuit of a favorable custody arrangement. It will form the basis for settlement discussions and, if the matter proceeds to a contested hearing, will likely be admitted into evidence and given substantial weight by the court.
We will provide you with further guidance on how to prepare for the custody evaluation once Dr. Sorensen (or another qualified evaluator agreed upon by the parties) is formally appointed. In the meantime, we encourage you to continue to be the attentive and involved parent you have always been, to maintain a stable and nurturing home environment for the children, and to foster a positive relationship between the children and their father.
C. Forensic Income Analysis
As noted above, we have engaged Harold K. Yamamoto, CPA/ABV/CFF, of Yamamoto Brace & Liu, LLP, located at 333 South Grand Avenue, Suite 2800, Los Angeles, California 90071, to conduct a forensic analysis of Mr. Medrano's freelance earnings and the income flowing through Medrano Visuals, LLC. Mr. Yamamoto is a Certified Public Accountant who holds the Accredited in Business Valuation (ABV) and Certified in Financial Forensics (CFF) credentials issued by the American Institute of Certified Public Accountants. He has extensive experience in family law financial analysis and has been qualified as an expert witness in numerous proceedings in Los Angeles County Superior Court.
The flat fee for Mr. Yamamoto's engagement is $14,750, which will be drawn against your retainer deposit. Mr. Yamamoto's analysis will examine Mr. Medrano's tax returns, bank statements, business records, 1099 forms, and other financial documents to establish a reliable figure for Mr. Medrano's actual income and earning capacity. This figure will be essential for the California guideline child support calculation under Family Code section 4055 et seq.
We anticipate that we will need to serve discovery on Mr. Medrano — including Requests for Production of Documents, Special Interrogatories, and possibly a subpoena to Medrano Visuals, LLC's accountant — to obtain the financial records necessary for Mr. Yamamoto's analysis. We will keep you apprised of the discovery process and any issues that arise.
D. Mediation and Settlement Discussions
Our litigation strategy continues to prioritize reaching a negotiated resolution of the custody and support issues without the need for a contested trial, consistent with our discussion at the outset of our engagement. A negotiated settlement offers numerous advantages, including greater control over the outcome, reduced emotional toll on the children, lower litigation costs, and the avoidance of a public hearing record — a consideration of particular importance given both your and Mr. Medrano's public-facing roles in the entertainment industry.
That said, we are fully prepared to try this matter if a fair and appropriate settlement cannot be reached. Our approach is to build the strongest possible case for trial while simultaneously pursuing every reasonable opportunity for resolution.
Once the custody evaluation is complete and we have the forensic income analysis in hand, we will be well-positioned to initiate formal settlement discussions or mediation with Ms. Kwan and Mr. Okafor on behalf of Mr. Medrano. We will recommend a suitable mediator at the appropriate time. In matters of this nature and complexity, retired judicial officers with family law expertise — often retired Los Angeles Superior Court judges who sat in family law departments — are frequently the most effective mediators. Their experience and credibility can help bridge the gap between the parties' positions and facilitate a resolution that serves the children's best interests.
V. Costs and Billing Update
We wish to remind you that the $50,000 retainer deposit received from you on April 20, 2023, is being held in our client trust account and applied against legal fees and costs as they are incurred, in accordance with the terms of our engagement letter dated April 18, 2023.
The upcoming anticipated costs in this matter include:
• Your share of the custody evaluation fee: approximately $9,250
• Forensic accountant fee (Yamamoto Brace & Liu, LLP): $14,750
These costs, together with accruing attorney fees, will be drawn against the retainer deposit. We will notify you promptly if and when the retainer deposit is approaching exhaustion and an additional deposit is required.
For your reference, the hourly rate schedule for the attorneys working on your matter, as set forth in the engagement letter, is as follows:
Monthly billing statements will continue to be provided to you in the first week of each calendar month. The statements will itemize all time entries and costs for the preceding month. Please do not hesitate to contact us with any questions regarding fees, costs, or the billing statements at any time.
VI. Confidentiality Reminder
We remind you that all communications between Calderwood & Harkness LLP and you are protected by the attorney-client privilege. This means that the substance of our conversations, correspondence, and legal advice is confidential and cannot be disclosed to third parties without your consent, nor can it be compelled by opposing counsel or the court.
Given both your and Mr. Medrano's public-facing roles in the entertainment industry, we continue to strongly recommend that you refrain from discussing the details of the custody proceedings with third parties, including friends, colleagues, family members (other than those directly involved in the children's care), and especially members of the press or media. The only exceptions to this recommendation are your communications with your legal team at this firm and your tax and financial advisors, who may need to be apprised of certain aspects of the proceedings.
We also strongly advise that you exercise caution on social media. Posts, comments, photographs, and other content shared on social media platforms are routinely monitored by opposing counsel in family law matters and can be used as evidence. We recommend avoiding any references to the custody proceedings, your relationship with Mr. Medrano, or the children's custodial schedule on any social media platform.
To further protect the privacy interests of you, Mr. Medrano, and especially the children, we intend to file a motion seeking a sealing order for the court file in this matter. A sealing order would restrict public access to the filings, declarations, and other documents in the case, thereby reducing the risk of media attention and protecting the children from undue public exposure. We will discuss the timing and strategy for this motion with you in the coming days.
VII. Action Items for Client
To ensure that we can continue to advance your interests effectively, we respectfully ask that you attend to the following action items at your earliest convenience:
1. Review the enclosed temporary custody order. Please review the attached copy of the temporary custody order entered May 30, 2023, carefully and confirm that you understand the custodial schedule and all provisions contained therein. If you have any questions or concerns about any aspect of the order, please contact us immediately.
2. Begin assembling documentation for the custody evaluation. We recommend that you begin gathering any documentation that may be useful in the custody evaluation process. This includes, but is not limited to:
• The children's school records from Ridgeview Academy, including report cards, progress reports, attendance records, and any communications with teachers or administrators;
• Medical and dental records for both children, including vaccination records and records of any ongoing treatment;
• Records of the children's extracurricular activities, including enrollment forms, schedules, and any awards or certificates;
• Photographs and other documentation reflecting your involvement in the children's daily lives; and
• Any written communications between you and Mr. Medrano regarding the children that may be relevant to the custody issues (including text messages, emails, and co-parenting app messages).
3. Advise us of any changes to your work schedule. Please notify us promptly of any changes to your work schedule at Luminos Entertainment Group, Inc. that may affect custody logistics, including any upcoming travel, extended work hours, or changes to your employment status. It is important that we are aware of any potential scheduling conflicts so that we can plan accordingly and, if necessary, make appropriate arrangements.
4. Contact us with any questions. If you have any questions, concerns, or new information that you believe may be relevant to the case, please do not hesitate to contact Devon Archer at (213) 555-7124 or darcher@calderwoodharkness.com, or Nadia Petrov at (213) 555-7138 or npetrov@calderwoodharkness.com.
VIII. Closing Assessment
We want to close by sharing our assessment that the temporary custody order entered on May 30, 2023, represents a favorable outcome at this stage of the proceedings. The court's decision to award you the majority timeshare — a 60/40 split — reflects its recognition of your established role as the children's primary caretaker and the stability and continuity that your home provides for Isabela and Mateo. While there is substantial work ahead of us as we pursue a permanent custody arrangement, this temporary order provides a strong foundation from which to build.
The entire Calderwood & Harkness team assigned to your matter — Mr. Mackenzie, Ms. Anand, myself, and Ms. Petrov — is working diligently and collaboratively to achieve the best possible permanent resolution for you and your children. We are committed to protecting your rights, advancing the children's best interests, and pursuing this matter with the care, professionalism, and discretion that it demands.
Please do not hesitate to call or email at any time with questions or concerns. We are here to guide you through this process and to ensure that you feel informed and supported at every step.
Very truly yours,
CALDERWOOD & HARKNESS LLP
By: ________
Devon Archer Lead Associate Direct: (213) 555-7124
Email: darcher@calderwoodharkness.com
California State Bar No. 327914
Enclosure: Copy of Temporary Custody Order dated May 30, 2023
cc: Priya Anand, Partner, Calderwood & Harkness LLP Oliver Mackenzie, Partner, Calderwood & Harkness LLP (via email)
Attorney | Role | Hourly Rate
Oliver Mackenzie | Partner (Supervising) | $925/hr
Priya Anand | Partner | $875/hr
Devon Archer | Lead Associate | $625/hr
Nadia Petrov | Working Associate | $485/hr

CALDERWOOD & HARKNESS LLP

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