1035-00002 · Calderwood & Harkness LLP · Engagement & Administrative

engagement-letter-fonseca.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) 555-7800

April 18, 2023

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

Re: Engagement of Calderwood & Harkness LLP — Custody and Parenting Plan Matter Matter No.: 1035-00002 Related Case: In re Domestic Partnership of Fonseca & Medrano, Case No. 22STFL09847, Superior Court of California, County of Los Angeles

Dear Ms. Fonseca:

1. Purpose and Acceptance of Engagement

Thank you for selecting Calderwood & Harkness LLP ("the Firm" or "Calderwood & Harkness") as your legal counsel. We are honored by the confidence you have placed in us, and we look forward to providing you with the highest level of professional representation.

The purpose of this letter is to confirm the terms and conditions of the Firm's engagement to represent you, Marguerite D. Fonseca, in connection with the custody, parenting plan, visitation, and child-support matters arising from the dissolution of your registered domestic partnership with Rafael J. Medrano ("Mr. Medrano"). We understand that the judgment of dissolution in this matter was entered on November 3, 2022, in Case No. 22STFL09847, in the Superior Court of California, County of Los Angeles (Stanley Mosk Courthouse), before the Honorable Judge Patricia L. Navarro, and that said judgment expressly reserved jurisdiction over all issues of custody, visitation, and child support for future determination.

The Firm's representation of you in this matter shall commence upon your execution of this engagement letter and our receipt of the initial retainer deposit described in Section 6 below. Until both conditions are satisfied, no attorney-client relationship shall exist between you and the Firm with respect to this matter, and the Firm shall have no obligation to take any action on your behalf.

Please sign and return the enclosed duplicate original of this letter, together with the retainer deposit, to indicate your acceptance of the terms set forth herein. We recommend that you retain the original of this letter for your personal records.

2. Scope of Representation

The Firm is engaged to represent you in all matters related to the establishment of a custody arrangement, parenting plan, visitation schedule, and child-support order concerning your two minor children with Mr. Medrano:

• Isabela Luz Fonseca-Medrano, born February 11, 2017 (age 6); and

• Mateo Elías Fonseca-Medrano, born August 29, 2019 (age 3).

Without limiting the generality of the foregoing, the scope of our engagement includes, but is not limited to, the following:

(a) Preparation and filing of a Request for Order ("RFO") and all supporting declarations, exhibits, Income and Expense Declarations, and related pleadings regarding custody, visitation, and child support in Case No. 22STFL09847;

(b) Negotiation with Mr. Medrano's counsel regarding the terms of custody, visitation, and child-support arrangements, including any interim or temporary arrangements pending final resolution;

(c) Engagement with court-appointed or stipulated experts, including but not limited to child custody evaluators appointed pursuant to Family Code Section 3111 or Evidence Code Section 730, and any minor's counsel appointed to represent the interests of Isabela and Mateo;

(d) Participation in mediation sessions conducted by Family Court Services or any private mediator, as well as any other alternative dispute resolution proceedings, including collaborative law sessions or settlement conferences;

(e) Preparation, negotiation, and drafting of a stipulated custody and parenting plan agreement, including detailed provisions regarding legal custody, physical custody, holiday and vacation schedules, decision-making authority, relocation restrictions, and related matters;

(f) Preparation, negotiation, and drafting of a child-support agreement or stipulated order, including provisions regarding base support, add-on expenses (such as childcare, health insurance, extracurricular activities, and educational expenses), and any deviations from guideline support;

(g) Court appearances as necessary, including appearances at hearings on any temporary orders, long-cause hearings, settlement conferences, and, if required, trial or evidentiary hearings on contested custody or support issues;

(h) Retention and coordination with forensic accounting professionals for purposes of analyzing income, benefits, and other financial information relevant to the calculation of child support under the California guideline support formula (Family Code Sections 4050–4076); and

(i) Any other legal services reasonably necessary to accomplish the objectives set forth above, as mutually agreed upon between you and the Firm.

Matters Excluded from the Scope of This Engagement. It is important that you understand the limitations of the Firm's engagement. Specifically, the Firm is not engaged to represent you in any property division, spousal support, debt allocation, or any other matters arising from the dissolution of your registered domestic partnership that are not specifically described above. Should you require legal representation in connection with any such matters, or should the scope of our engagement need to be expanded for any reason, a separate written agreement between you and the Firm will be required before we can undertake any additional work.

We note for your records that Mr. Medrano is currently represented by Kwan, Delacroix & Samuels LLP, with Gwendolyn R. Kwan serving as lead counsel. Their offices are located at 4400 Riverside Drive, Suite 700, Burbank, CA 91505. All communications with Mr. Medrano regarding the matters within the scope of this engagement shall be conducted exclusively through his counsel, in accordance with Rule 4.2 of the California Rules of Professional Conduct.

3. Engagement Team

The Firm has assembled a dedicated team of experienced family law professionals to handle your matter. The attorneys assigned to this engagement are as follows:

Oliver Mackenzie, Partner — Mr. Mackenzie will serve as the Responsible Partner for this engagement. In that capacity, he will provide supervisory oversight of all substantive work performed by the engagement team, ensure adherence to the Firm's quality standards, and be available for consultation on significant strategic decisions. Mr. Mackenzie has over twenty-five years of experience in complex family law matters, with a particular focus on high-profile custody disputes.

Priya Anand, Partner — Ms. Anand will serve as the Billing Partner and the primary partner responsible for the strategic direction of the case. She will take the lead in key negotiations with opposing counsel, participate in significant court appearances and mediation sessions, and serve as your principal point of contact among the partners for questions regarding case strategy, billing, and engagement-related matters. Ms. Anand has extensive experience in custody and parenting plan disputes, including matters involving individuals in the entertainment industry.

Devon Archer, Associate — Mr. Archer will serve as the Lead Associate on this matter. He will manage the day-to-day conduct of the engagement, including the drafting of all pleadings, declarations, and correspondence; coordination with opposing counsel, court personnel, and third-party professionals; preparation of court filings; and maintenance of the case file. Mr. Archer will be your primary day-to-day contact for routine matters and status updates.

Nadia Petrov, Associate — Ms. Petrov will serve as the Working Associate and will assist Mr. Archer with legal research, preparation of internal memoranda, child-support calculations and modeling, and other analytical work as required in the course of the engagement.

From time to time, the Firm may assign additional attorneys, paralegals, or other professional staff to work on your matter in order to ensure timely and efficient service. You will be notified of any material changes to the core engagement team.

Additionally, as noted in Section 2 above, the Firm may retain or recommend third-party professionals — such as forensic accountants, custody evaluators, vocational evaluators, or mediators — as appropriate to advance your interests. Before retaining any such professionals, the Firm will discuss the anticipated scope and fees with you and obtain your approval. You will be responsible for the fees and costs of any such professionals, as further described in Section 7 below.

4. Fees and Billing Rates

The Firm will bill for all professional services rendered in this matter on an hourly basis. The current hourly rates for the members of your engagement team are as follows:

In the event that paralegal or legal assistant time is incurred in connection with your matter, such time will be billed at hourly rates ranging from $225.00 to $325.00 per hour, depending on the experience level and qualifications of the individual.

The Firm's hourly rates are subject to periodic adjustment, which typically occurs on an annual basis, effective January 1 of each calendar year. Should any rate adjustment affect the timekeepers assigned to your matter, you will be notified in writing at least thirty (30) days prior to the effective date of such adjustment. Continued use of the Firm's services following notice of a rate adjustment shall constitute acceptance of the revised rates.

All professional time is recorded in increments of one-tenth (1/10) of an hour (i.e., six-minute increments). The Firm makes every effort to ensure that time entries accurately reflect the nature and duration of services performed.

5. Fee Estimate

Based on our preliminary assessment of the circumstances of your matter, including the nature and complexity of the custody and support issues, the positions we anticipate may be taken by Mr. Medrano's counsel, and our experience with similar matters, we estimate that total legal fees for this engagement will fall in the range of $120,000 to $175,000.

The lower end of this range assumes that the custody, parenting plan, and child-support matters are resolved through negotiation or mediation without the need for a contested hearing or trial. Under this scenario, we would anticipate finalizing a stipulated custody and parenting plan agreement and a stipulated child-support order within approximately six to nine months.

The upper end of the range contemplates the possibility that one or more issues may require contested proceedings, including the preparation for and attendance at an evidentiary hearing or trial on custody, visitation, or support issues. Contested proceedings substantially increase the time and resources required, including the engagement of expert witnesses and the preparation of detailed trial submissions.

Please understand that this estimate is provided in good faith for planning purposes only. It does not constitute a cap, ceiling, or guarantee of fees. Actual fees may be less than or greater than the estimated range, depending on a number of factors, including but not limited to: the complexity and duration of the matter; the degree of cooperation or contentiousness between the parties; the positions and litigation strategies adopted by Mr. Medrano and his counsel; the need for and scope of expert engagement; any unexpected developments, including emergency motions or changes in circumstances; and the overall pace of the proceedings in the Superior Court.

The fee estimate set forth above does not include costs and disbursements, which are addressed separately in Section 7 below.

6. Retainer Deposit

As a condition of the commencement of substantive work on your behalf, the Firm requires an initial retainer deposit in the amount of $50,000.00 (Fifty Thousand Dollars). This retainer deposit must be received by the Firm before we will undertake any substantive legal work in connection with this matter.

Upon receipt, the retainer deposit will be deposited into the Firm's client trust account (Interest on Lawyers' Trust Account, or "IOLTA"), maintained in accordance with the California Rules of Professional Conduct, Rule 1.15, and Business and Professions Code Section 6211 et seq. The retainer deposit remains your property until it is applied against fees and costs as described below.

The Firm will apply the retainer deposit against invoices rendered for professional fees and costs as they are incurred. Invoices will be issued on a monthly basis, as described in Section 8, and amounts due will be drawn from the retainer deposit. You will receive a detailed accounting of all retainer draws on each monthly invoice, together with a statement of the remaining retainer balance.

If, at any time during the course of the engagement, the balance of the retainer deposit falls below $10,000.00, the Firm may request that you replenish the retainer to its original amount of $50,000.00. Such request will be made in writing. You agree to replenish the retainer within fifteen (15) business days of receiving a written request. In the event that the retainer is not replenished within this period, the Firm reserves the right to suspend all work on the matter until the retainer is brought to the required level, without prejudice to the Firm's right to withdraw from the representation as described in Section 12 below.

Upon the conclusion of the engagement, whether by completion of the matter, termination by the client, or withdrawal by the Firm, any unused portion of the retainer deposit remaining in the trust account after deduction of all outstanding fees and costs will be refunded to you promptly, and in no event later than sixty (60) days following the conclusion of the engagement.

7. Costs and Disbursements

In addition to professional fees, you will be responsible for the reimbursement of all costs and disbursements reasonably incurred by the Firm in connection with the representation. These costs are separate from, and in addition to, the fee estimate set forth in Section 5 above.

Examples of costs and disbursements that may be incurred in connection with this matter include, but are not limited to, the following:

• Court filing fees and service of process fees;

• Fees for court-appointed or stipulated experts, including custody evaluators (under Family Code Section 3111 or Evidence Code Section 730) and any fees assessed for minor's counsel appointed by the court to represent the interests of Isabela and Mateo;

• Fees for client-retained experts, including forensic accountants engaged to conduct income analysis for child-support calculations;

• Mediation and alternative dispute resolution fees, including mediator compensation and administrative charges;

• Photocopying, printing, and document production costs incurred in the preparation of pleadings, discovery, and other materials;

• Travel expenses, including mileage, parking, transportation, and, if necessary, lodging and meals related to court appearances, depositions, or meetings outside of the Firm's offices;

• Messenger, courier, and overnight delivery charges;

• Court reporter fees, if applicable, including fees for real-time transcription services; and

• Any other costs or disbursements reasonably necessary to the conduct of the matter.

The Firm will seek your advance approval before incurring any single cost or disbursement in excess of $5,000.00, except in cases of genuine urgency where delay in incurring the cost could materially prejudice your interests. In such cases, the Firm will notify you of the expense as promptly as practicable.

8. Billing and Payment

The Firm will issue invoices on a monthly basis for all professional fees earned and costs advanced during the preceding calendar month. Each invoice will contain a detailed description of the services rendered, including the date of each service, the identity of the timekeeper, a narrative description of the work performed, the hours worked, the applicable billing rate, and an itemization of all costs and disbursements advanced.

Payment of each invoice is due within thirty (30) days of the date of the invoice. Payments may be made by check, wire transfer, or other method acceptable to the Firm. Payment instructions will be included on each invoice.

The Firm reserves the right to charge interest on any overdue balance at the rate of 1.0% per month (12% per annum), or the maximum rate permitted by applicable law, whichever is less. Interest will accrue from the date the payment was due until the date of receipt.

If you have any questions or concerns regarding any invoice, we encourage you to contact Priya Anand promptly so that any issues may be addressed in a timely manner. We are committed to transparency in our billing practices and welcome the opportunity to discuss any aspect of our invoices with you.

9. Client Responsibilities

The success of this engagement depends in significant part on your active cooperation and participation. Accordingly, you agree to cooperate fully with the Firm in the conduct of the matter, including but not limited to the following:

(a) Provision of Information. You will provide all requested documents, records, financial information, and other materials in a timely manner. This includes, without limitation, income documentation, tax returns, bank statements, employment records, records relating to the children's education, medical care, and extracurricular activities, and any other information the Firm reasonably determines is relevant to the custody, visitation, or support issues.

(b) Availability. You will make yourself available for meetings, telephone conferences, video conferences, preparation sessions, and court appearances as reasonably required in the conduct of the matter. We understand that your professional schedule may require advance planning, and we will make every effort to accommodate your availability.

(c) Communication. You will keep the Firm promptly informed of any developments relevant to the matter, including but not limited to any communications from or with Mr. Medrano (whether direct or through third parties), any changes in the children's circumstances or living arrangements, any incidents or concerns relating to the children's safety or well-being, and any changes in your own financial circumstances, employment status, or contact information.

(d) Review of Documents. You will review and provide feedback on drafts of pleadings, declarations, agreements, correspondence, and other documents within a reasonable time after they are provided to you for review. Timely feedback is essential to the efficient progress of the matter.

You acknowledge and agree that all decisions regarding the settlement or resolution of this matter, including the specific terms of any custody agreement, parenting plan, visitation schedule, or child-support arrangement, will be made by you, after receiving the Firm's advice, analysis, and recommendations. While we will provide you with our professional assessment of the options available to you and the likely outcomes of various courses of action, the ultimate authority to accept, reject, or modify any proposed resolution rests with you.

10. Confidentiality

All communications between you and the Firm, and all information provided by you to the Firm or developed by the Firm in the course of this engagement, are protected by the attorney-client privilege and the work-product doctrine. These protections are among the most important safeguards of the attorney-client relationship, and the Firm takes its obligations in this regard very seriously.

The Firm will maintain all information relating to the representation in strict confidence, consistent with its obligations under the California Rules of Professional Conduct, Rule 1.6, and all applicable provisions of California law. The Firm will not disclose any confidential information to any third party without your prior authorization, except as required or permitted by law, by court order, or as necessary to carry out the purposes of this representation (for example, in court filings or communications with opposing counsel).

We are particularly mindful of the sensitive nature of this matter, given that both you and Mr. Medrano are professionals in the entertainment industry. We understand that public attention to the details of a custody dispute could have significant personal and professional consequences. Accordingly, the Firm will take appropriate measures to protect the confidentiality of all information relating to this engagement, including the existence and terms of the representation itself, to the extent practicable and permitted by law. These measures may include limiting the distribution of sensitive documents within the Firm, utilizing secure methods of communication, and, where appropriate, seeking protective orders or sealing orders from the court.

We encourage you to discuss any specific confidentiality concerns you may have with Ms. Anand or Mr. Archer at the outset of the engagement so that we may tailor our approach accordingly.

11. Conflicts of Interest

Prior to agreeing to undertake this representation, the Firm conducted a comprehensive conflicts of interest check in accordance with the California Rules of Professional Conduct, Rules 1.7 and 1.9. The conflicts check was completed on April 14, 2023, and encompassed the following individuals and entities: Rafael J. Medrano; Medrano Visuals, LLC; Kwan, Delacroix & Samuels LLP; Gwendolyn R. Kwan; Luminos Entertainment Group, Inc.; and other related parties identified during our intake process.

Based on the results of this conflicts check, the Firm has not identified any conflict of interest that would preclude the Firm from undertaking this representation or that would require disclosure to you at this time.

The Firm has a continuing obligation to monitor for conflicts of interest throughout the duration of the engagement. If any actual or potential conflict of interest arises during the course of the representation, the Firm will promptly inform you and discuss the nature of the conflict and the available options for its resolution. You have the right to be consulted regarding any potential conflict, and the Firm will not proceed in a manner that would be adverse to your interests without your informed written consent, to the extent permitted by the Rules of Professional Conduct.

12. Termination of Engagement

Either you or the Firm may terminate this engagement at any time, subject to the Firm's professional and ethical obligations as set forth below.

Termination by Client. You may terminate this engagement at any time, for any reason, by providing written notice to the Firm. In the event of termination by you, you will remain responsible for the payment of all fees earned and costs incurred by the Firm through the date of termination, including any amounts in excess of the retainer deposit on hand at the time of termination.

Termination by Firm. The Firm may terminate this engagement upon providing you with reasonable advance written notice, taking into account the nature and status of the proceedings and the need to avoid prejudice to your interests. In the event of termination by the Firm, the Firm will take all steps reasonably necessary to protect your interests, including cooperating with the transition to successor counsel and, if required, seeking permission to withdraw from the court, all in compliance with the California Rules of Professional Conduct, Rule 1.16, and applicable court rules.

Grounds for Withdrawal. Without limiting the foregoing, the Firm may withdraw from the representation if: (i) you fail to cooperate with the Firm in the conduct of the matter in a manner that materially impairs the Firm's ability to provide effective representation; (ii) you fail to pay invoices when due or to replenish the retainer deposit as requested; (iii) continued representation would require the Firm to violate its ethical or legal obligations; or (iv) other circumstances arise that, in the Firm's reasonable judgment, make continued representation impracticable or inappropriate.

Post-Termination Obligations. Upon termination of the engagement, regardless of the reason, the Firm will promptly return to you all original documents and files that belong to you. The Firm will also refund any unused portion of the retainer deposit remaining in the trust account, after deduction of all outstanding fees and costs. The Firm may retain copies of the file for its own records, subject to its confidentiality obligations.

13. Document Retention

Following the conclusion of this engagement, the Firm will retain your client file for a period of seven (7) years, in accordance with the Firm's document retention policy. After the expiration of this seven-year period, the Firm may destroy or dispose of the file, including all documents, correspondence, notes, and other materials, without further notice to you.

If you wish to receive your file or any portion thereof at the conclusion of the engagement, or at any time during the retention period, please notify us in writing, and we will arrange for the file to be returned to you or to your designated successor counsel. We recommend that you retain all original documents in your own files and provide copies, rather than originals, to the Firm whenever possible.

14. Governing Law and Dispute Resolution

This engagement letter and the relationship between the Firm and you shall be governed by and construed in accordance with the laws of the State of California, without regard to conflict of law principles.

In the unlikely event that any dispute arises out of or in connection with this engagement, including but not limited to disputes regarding fees, the scope of services, or the quality of representation, the parties agree to the following dispute resolution process:

(a) Mediation. The dispute shall first be submitted to non-binding mediation before a mutually agreed-upon mediator in Los Angeles County, California. The costs of mediation shall be shared equally by the parties, unless otherwise agreed. The parties shall make a good-faith effort to resolve the dispute through mediation before pursuing any other remedy.

(b) Binding Arbitration. If mediation is unsuccessful, or if the parties are unable to agree upon a mediator within thirty (30) days of a written request for mediation, the dispute shall be resolved by binding arbitration in Los Angeles County, California, in accordance with California law. The arbitration shall be conducted by a single arbitrator who is a licensed California attorney with experience in legal fee disputes. The decision of the arbitrator shall be final and binding upon both parties and may be entered as a judgment in any court of competent jurisdiction.

Nothing in this Section shall be construed to limit your right to pursue any remedies available under the California State Bar's Mandatory Fee Arbitration Program (Business and Professions Code Sections 6200–6206), and the Firm acknowledges your right to request fee arbitration through that program.

15. No Guarantee of Outcome

The Firm has not made, and does not make, any guarantee, promise, or representation regarding the outcome of this matter. While we are committed to providing you with diligent, competent, and effective representation, and while we will exercise our best professional judgment on your behalf at all times, the results of any custody, visitation, or child-support determination are inherently uncertain and depend upon numerous factors beyond the Firm's control.

Such factors include, but are not limited to, the discretion of the judicial officer assigned to the case, the recommendations of court-appointed evaluators and minor's counsel, the positions and litigation strategies adopted by Mr. Medrano and his counsel, the evidence presented, and applicable California law. We will keep you fully informed of our assessment of the matter as it progresses, and we will provide you with candid advice regarding the strengths, weaknesses, and risks of your position.

16. Entire Agreement

This letter constitutes the entire agreement between you and the Firm with respect to the terms and conditions of the Firm's engagement to represent you in the matter described herein. This letter supersedes all prior discussions, negotiations, representations, and agreements between you and the Firm, whether oral or written, relating to the subject matter of this engagement.

No modification, amendment, or waiver of any provision of this engagement letter shall be effective unless it is in writing and signed by both you and a partner of the Firm. No oral modification of this letter shall be binding upon either party.

We sincerely appreciate your confidence in Calderwood & Harkness LLP. We understand how important this matter is to you and to the well-being of Isabela and Mateo, and we are committed to working diligently on your behalf to achieve a resolution that serves their best interests.

To proceed, please execute and return one copy of this letter to our offices, together with the initial retainer deposit of $50,000.00, payable by check to "Calderwood & Harkness LLP Client Trust Account" or by wire transfer to the account specified in the enclosed wiring instructions.

If you have any questions regarding this letter or any aspect of the engagement, please do not hesitate to contact either of the following:

Devon Archer, Lead Associate Telephone: (213) 555-7818

Email: darcher@calderwoodharkness.com

Priya Anand, Partner Telephone: (213) 555-7812

Email: panand@calderwoodharkness.com

We look forward to hearing from you soon.

Very truly yours,

CALDERWOOD & HARKNESS LLP

By: ________

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

ACKNOWLEDGMENT AND ACCEPTANCE

I have read, understand, and agree to the terms and conditions of the foregoing engagement letter dated April 18, 2023, between Calderwood & Harkness LLP and me. By signing below, I confirm my engagement of Calderwood & Harkness LLP to represent me in the matter described herein, on the terms set forth above.

________________________________________

Marguerite D. Fonseca

Printed Name: Marguerite D. Fonseca

Date: ________

Encl.: Duplicate original of this engagement letter for client signature and return; Wire transfer instructions for retainer deposit

cc: Oliver Mackenzie, Partner; Devon Archer, Associate (internal distribution only)

Timekeeper	Role	Hourly Rate
Oliver Mackenzie	Partner (Supervisory)	$925.00 per hour
Priya Anand	Partner (Billing/Strategic Lead)	$875.00 per hour
Devon Archer	Lead Associate	$625.00 per hour
Nadia Petrov	Working Associate	$485.00 per hour

CALDERWOOD & HARKNESS LLP Attorneys at Law
777 South Flower Street, Suite 3400 Los Angeles, California 90017 Telephone: (213) 555-7800 | Facsimile: (213) 555-7801 www.calderwoodharkness.com
April 18, 2023
Marguerite D. Fonseca 1742 Laurel Canyon Boulevard, Unit 3A Studio City, CA 91604
Re: Engagement of Calderwood & Harkness LLP — Custody and Parenting Plan Matter Matter No.: 1035-00002 Related Case: In re Domestic Partnership of Fonseca & Medrano, Case No. 22STFL09847, Superior Court of California, County of Los Angeles
Dear Ms. Fonseca:
1. Purpose and Acceptance of Engagement
Thank you for selecting Calderwood & Harkness LLP ("the Firm" or "Calderwood & Harkness") as your legal counsel. We are honored by the confidence you have placed in us, and we look forward to providing you with the highest level of professional representation.
The purpose of this letter is to confirm the terms and conditions of the Firm's engagement to represent you, Marguerite D. Fonseca, in connection with the custody, parenting plan, visitation, and child-support matters arising from the dissolution of your registered domestic partnership with Rafael J. Medrano ("Mr. Medrano"). We understand that the judgment of dissolution in this matter was entered on November 3, 2022, in Case No. 22STFL09847, in the Superior Court of California, County of Los Angeles (Stanley Mosk Courthouse), before the Honorable Judge Patricia L. Navarro, and that said judgment expressly reserved jurisdiction over all issues of custody, visitation, and child support for future determination.
The Firm's representation of you in this matter shall commence upon your execution of this engagement letter and our receipt of the initial retainer deposit described in Section 6 below. Until both conditions are satisfied, no attorney-client relationship shall exist between you and the Firm with respect to this matter, and the Firm shall have no obligation to take any action on your behalf.
Please sign and return the enclosed duplicate original of this letter, together with the retainer deposit, to indicate your acceptance of the terms set forth herein. We recommend that you retain the original of this letter for your personal records.
2. Scope of Representation
The Firm is engaged to represent you in all matters related to the establishment of a custody arrangement, parenting plan, visitation schedule, and child-support order concerning your two minor children with Mr. Medrano:
•  Isabela Luz Fonseca-Medrano, born February 11, 2017 (age 6); and
•  Mateo Elías Fonseca-Medrano, born August 29, 2019 (age 3).
Without limiting the generality of the foregoing, the scope of our engagement includes, but is not limited to, the following:
(a) Preparation and filing of a Request for Order ("RFO") and all supporting declarations, exhibits, Income and Expense Declarations, and related pleadings regarding custody, visitation, and child support in Case No. 22STFL09847;
(b) Negotiation with Mr. Medrano's counsel regarding the terms of custody, visitation, and child-support arrangements, including any interim or temporary arrangements pending final resolution;
(c) Engagement with court-appointed or stipulated experts, including but not limited to child custody evaluators appointed pursuant to Family Code Section 3111 or Evidence Code Section 730, and any minor's counsel appointed to represent the interests of Isabela and Mateo;
(d) Participation in mediation sessions conducted by Family Court Services or any private mediator, as well as any other alternative dispute resolution proceedings, including collaborative law sessions or settlement conferences;
(e) Preparation, negotiation, and drafting of a stipulated custody and parenting plan agreement, including detailed provisions regarding legal custody, physical custody, holiday and vacation schedules, decision-making authority, relocation restrictions, and related matters;
(f) Preparation, negotiation, and drafting of a child-support agreement or stipulated order, including provisions regarding base support, add-on expenses (such as childcare, health insurance, extracurricular activities, and educational expenses), and any deviations from guideline support;
(g) Court appearances as necessary, including appearances at hearings on any temporary orders, long-cause hearings, settlement conferences, and, if required, trial or evidentiary hearings on contested custody or support issues;
(h) Retention and coordination with forensic accounting professionals for purposes of analyzing income, benefits, and other financial information relevant to the calculation of child support under the California guideline support formula (Family Code Sections 4050–4076); and
(i) Any other legal services reasonably necessary to accomplish the objectives set forth above, as mutually agreed upon between you and the Firm.
Matters Excluded from the Scope of This Engagement. It is important that you understand the limitations of the Firm's engagement. Specifically, the Firm is not engaged to represent you in any property division, spousal support, debt allocation, or any other matters arising from the dissolution of your registered domestic partnership that are not specifically described above. Should you require legal representation in connection with any such matters, or should the scope of our engagement need to be expanded for any reason, a separate written agreement between you and the Firm will be required before we can undertake any additional work.
We note for your records that Mr. Medrano is currently represented by Kwan, Delacroix & Samuels LLP, with Gwendolyn R. Kwan serving as lead counsel. Their offices are located at 4400 Riverside Drive, Suite 700, Burbank, CA 91505. All communications with Mr. Medrano regarding the matters within the scope of this engagement shall be conducted exclusively through his counsel, in accordance with Rule 4.2 of the California Rules of Professional Conduct.
3. Engagement Team
The Firm has assembled a dedicated team of experienced family law professionals to handle your matter. The attorneys assigned to this engagement are as follows:
Oliver Mackenzie, Partner — Mr. Mackenzie will serve as the Responsible Partner for this engagement. In that capacity, he will provide supervisory oversight of all substantive work performed by the engagement team, ensure adherence to the Firm's quality standards, and be available for consultation on significant strategic decisions. Mr. Mackenzie has over twenty-five years of experience in complex family law matters, with a particular focus on high-profile custody disputes.
Priya Anand, Partner — Ms. Anand will serve as the Billing Partner and the primary partner responsible for the strategic direction of the case. She will take the lead in key negotiations with opposing counsel, participate in significant court appearances and mediation sessions, and serve as your principal point of contact among the partners for questions regarding case strategy, billing, and engagement-related matters. Ms. Anand has extensive experience in custody and parenting plan disputes, including matters involving individuals in the entertainment industry.
Devon Archer, Associate — Mr. Archer will serve as the Lead Associate on this matter. He will manage the day-to-day conduct of the engagement, including the drafting of all pleadings, declarations, and correspondence; coordination with opposing counsel, court personnel, and third-party professionals; preparation of court filings; and maintenance of the case file. Mr. Archer will be your primary day-to-day contact for routine matters and status updates.
Nadia Petrov, Associate — Ms. Petrov will serve as the Working Associate and will assist Mr. Archer with legal research, preparation of internal memoranda, child-support calculations and modeling, and other analytical work as required in the course of the engagement.
From time to time, the Firm may assign additional attorneys, paralegals, or other professional staff to work on your matter in order to ensure timely and efficient service. You will be notified of any material changes to the core engagement team.
Additionally, as noted in Section 2 above, the Firm may retain or recommend third-party professionals — such as forensic accountants, custody evaluators, vocational evaluators, or mediators — as appropriate to advance your interests. Before retaining any such professionals, the Firm will discuss the anticipated scope and fees with you and obtain your approval. You will be responsible for the fees and costs of any such professionals, as further described in Section 7 below.
4. Fees and Billing Rates
The Firm will bill for all professional services rendered in this matter on an hourly basis. The current hourly rates for the members of your engagement team are as follows:
In the event that paralegal or legal assistant time is incurred in connection with your matter, such time will be billed at hourly rates ranging from $225.00 to $325.00 per hour, depending on the experience level and qualifications of the individual.
The Firm's hourly rates are subject to periodic adjustment, which typically occurs on an annual basis, effective January 1 of each calendar year. Should any rate adjustment affect the timekeepers assigned to your matter, you will be notified in writing at least thirty (30) days prior to the effective date of such adjustment. Continued use of the Firm's services following notice of a rate adjustment shall constitute acceptance of the revised rates.
All professional time is recorded in increments of one-tenth (1/10) of an hour (i.e., six-minute increments). The Firm makes every effort to ensure that time entries accurately reflect the nature and duration of services performed.
5. Fee Estimate
Based on our preliminary assessment of the circumstances of your matter, including the nature and complexity of the custody and support issues, the positions we anticipate may be taken by Mr. Medrano's counsel, and our experience with similar matters, we estimate that total legal fees for this engagement will fall in the range of $120,000 to $175,000.
The lower end of this range assumes that the custody, parenting plan, and child-support matters are resolved through negotiation or mediation without the need for a contested hearing or trial. Under this scenario, we would anticipate finalizing a stipulated custody and parenting plan agreement and a stipulated child-support order within approximately six to nine months.
The upper end of the range contemplates the possibility that one or more issues may require contested proceedings, including the preparation for and attendance at an evidentiary hearing or trial on custody, visitation, or support issues. Contested proceedings substantially increase the time and resources required, including the engagement of expert witnesses and the preparation of detailed trial submissions.
Please understand that this estimate is provided in good faith for planning purposes only. It does not constitute a cap, ceiling, or guarantee of fees. Actual fees may be less than or greater than the estimated range, depending on a number of factors, including but not limited to: the complexity and duration of the matter; the degree of cooperation or contentiousness between the parties; the positions and litigation strategies adopted by Mr. Medrano and his counsel; the need for and scope of expert engagement; any unexpected developments, including emergency motions or changes in circumstances; and the overall pace of the proceedings in the Superior Court.
The fee estimate set forth above does not include costs and disbursements, which are addressed separately in Section 7 below.
6. Retainer Deposit
As a condition of the commencement of substantive work on your behalf, the Firm requires an initial retainer deposit in the amount of $50,000.00 (Fifty Thousand Dollars). This retainer deposit must be received by the Firm before we will undertake any substantive legal work in connection with this matter.
Upon receipt, the retainer deposit will be deposited into the Firm's client trust account (Interest on Lawyers' Trust Account, or "IOLTA"), maintained in accordance with the California Rules of Professional Conduct, Rule 1.15, and Business and Professions Code Section 6211 et seq. The retainer deposit remains your property until it is applied against fees and costs as described below.
The Firm will apply the retainer deposit against invoices rendered for professional fees and costs as they are incurred. Invoices will be issued on a monthly basis, as described in Section 8, and amounts due will be drawn from the retainer deposit. You will receive a detailed accounting of all retainer draws on each monthly invoice, together with a statement of the remaining retainer balance.
If, at any time during the course of the engagement, the balance of the retainer deposit falls below $10,000.00, the Firm may request that you replenish the retainer to its original amount of $50,000.00. Such request will be made in writing. You agree to replenish the retainer within fifteen (15) business days of receiving a written request. In the event that the retainer is not replenished within this period, the Firm reserves the right to suspend all work on the matter until the retainer is brought to the required level, without prejudice to the Firm's right to withdraw from the representation as described in Section 12 below.
Upon the conclusion of the engagement, whether by completion of the matter, termination by the client, or withdrawal by the Firm, any unused portion of the retainer deposit remaining in the trust account after deduction of all outstanding fees and costs will be refunded to you promptly, and in no event later than sixty (60) days following the conclusion of the engagement.
7. Costs and Disbursements
In addition to professional fees, you will be responsible for the reimbursement of all costs and disbursements reasonably incurred by the Firm in connection with the representation. These costs are separate from, and in addition to, the fee estimate set forth in Section 5 above.
Examples of costs and disbursements that may be incurred in connection with this matter include, but are not limited to, the following:
•  Court filing fees and service of process fees;
•  Fees for court-appointed or stipulated experts, including custody evaluators (under Family Code Section 3111 or Evidence Code Section 730) and any fees assessed for minor's counsel appointed by the court to represent the interests of Isabela and Mateo;
•  Fees for client-retained experts, including forensic accountants engaged to conduct income analysis for child-support calculations;
•  Mediation and alternative dispute resolution fees, including mediator compensation and administrative charges;
•  Photocopying, printing, and document production costs incurred in the preparation of pleadings, discovery, and other materials;
•  Travel expenses, including mileage, parking, transportation, and, if necessary, lodging and meals related to court appearances, depositions, or meetings outside of the Firm's offices;
•  Messenger, courier, and overnight delivery charges;
•  Court reporter fees, if applicable, including fees for real-time transcription services; and
•  Any other costs or disbursements reasonably necessary to the conduct of the matter.
The Firm will seek your advance approval before incurring any single cost or disbursement in excess of $5,000.00, except in cases of genuine urgency where delay in incurring the cost could materially prejudice your interests. In such cases, the Firm will notify you of the expense as promptly as practicable.
8. Billing and Payment
The Firm will issue invoices on a monthly basis for all professional fees earned and costs advanced during the preceding calendar month. Each invoice will contain a detailed description of the services rendered, including the date of each service, the identity of the timekeeper, a narrative description of the work performed, the hours worked, the applicable billing rate, and an itemization of all costs and disbursements advanced.
Payment of each invoice is due within thirty (30) days of the date of the invoice. Payments may be made by check, wire transfer, or other method acceptable to the Firm. Payment instructions will be included on each invoice.
The Firm reserves the right to charge interest on any overdue balance at the rate of 1.0% per month (12% per annum), or the maximum rate permitted by applicable law, whichever is less. Interest will accrue from the date the payment was due until the date of receipt.
If you have any questions or concerns regarding any invoice, we encourage you to contact Priya Anand promptly so that any issues may be addressed in a timely manner. We are committed to transparency in our billing practices and welcome the opportunity to discuss any aspect of our invoices with you.
9. Client Responsibilities
The success of this engagement depends in significant part on your active cooperation and participation. Accordingly, you agree to cooperate fully with the Firm in the conduct of the matter, including but not limited to the following:
(a) Provision of Information. You will provide all requested documents, records, financial information, and other materials in a timely manner. This includes, without limitation, income documentation, tax returns, bank statements, employment records, records relating to the children's education, medical care, and extracurricular activities, and any other information the Firm reasonably determines is relevant to the custody, visitation, or support issues.
(b) Availability. You will make yourself available for meetings, telephone conferences, video conferences, preparation sessions, and court appearances as reasonably required in the conduct of the matter. We understand that your professional schedule may require advance planning, and we will make every effort to accommodate your availability.
(c) Communication. You will keep the Firm promptly informed of any developments relevant to the matter, including but not limited to any communications from or with Mr. Medrano (whether direct or through third parties), any changes in the children's circumstances or living arrangements, any incidents or concerns relating to the children's safety or well-being, and any changes in your own financial circumstances, employment status, or contact information.
(d) Review of Documents. You will review and provide feedback on drafts of pleadings, declarations, agreements, correspondence, and other documents within a reasonable time after they are provided to you for review. Timely feedback is essential to the efficient progress of the matter.
You acknowledge and agree that all decisions regarding the settlement or resolution of this matter, including the specific terms of any custody agreement, parenting plan, visitation schedule, or child-support arrangement, will be made by you, after receiving the Firm's advice, analysis, and recommendations. While we will provide you with our professional assessment of the options available to you and the likely outcomes of various courses of action, the ultimate authority to accept, reject, or modify any proposed resolution rests with you.
10. Confidentiality
All communications between you and the Firm, and all information provided by you to the Firm or developed by the Firm in the course of this engagement, are protected by the attorney-client privilege and the work-product doctrine. These protections are among the most important safeguards of the attorney-client relationship, and the Firm takes its obligations in this regard very seriously.
The Firm will maintain all information relating to the representation in strict confidence, consistent with its obligations under the California Rules of Professional Conduct, Rule 1.6, and all applicable provisions of California law. The Firm will not disclose any confidential information to any third party without your prior authorization, except as required or permitted by law, by court order, or as necessary to carry out the purposes of this representation (for example, in court filings or communications with opposing counsel).
We are particularly mindful of the sensitive nature of this matter, given that both you and Mr. Medrano are professionals in the entertainment industry. We understand that public attention to the details of a custody dispute could have significant personal and professional consequences. Accordingly, the Firm will take appropriate measures to protect the confidentiality of all information relating to this engagement, including the existence and terms of the representation itself, to the extent practicable and permitted by law. These measures may include limiting the distribution of sensitive documents within the Firm, utilizing secure methods of communication, and, where appropriate, seeking protective orders or sealing orders from the court.
We encourage you to discuss any specific confidentiality concerns you may have with Ms. Anand or Mr. Archer at the outset of the engagement so that we may tailor our approach accordingly.
11. Conflicts of Interest
Prior to agreeing to undertake this representation, the Firm conducted a comprehensive conflicts of interest check in accordance with the California Rules of Professional Conduct, Rules 1.7 and 1.9. The conflicts check was completed on April 14, 2023, and encompassed the following individuals and entities: Rafael J. Medrano; Medrano Visuals, LLC; Kwan, Delacroix & Samuels LLP; Gwendolyn R. Kwan; Luminos Entertainment Group, Inc.; and other related parties identified during our intake process.
Based on the results of this conflicts check, the Firm has not identified any conflict of interest that would preclude the Firm from undertaking this representation or that would require disclosure to you at this time.
The Firm has a continuing obligation to monitor for conflicts of interest throughout the duration of the engagement. If any actual or potential conflict of interest arises during the course of the representation, the Firm will promptly inform you and discuss the nature of the conflict and the available options for its resolution. You have the right to be consulted regarding any potential conflict, and the Firm will not proceed in a manner that would be adverse to your interests without your informed written consent, to the extent permitted by the Rules of Professional Conduct.
12. Termination of Engagement
Either you or the Firm may terminate this engagement at any time, subject to the Firm's professional and ethical obligations as set forth below.
Termination by Client. You may terminate this engagement at any time, for any reason, by providing written notice to the Firm. In the event of termination by you, you will remain responsible for the payment of all fees earned and costs incurred by the Firm through the date of termination, including any amounts in excess of the retainer deposit on hand at the time of termination.
Termination by Firm. The Firm may terminate this engagement upon providing you with reasonable advance written notice, taking into account the nature and status of the proceedings and the need to avoid prejudice to your interests. In the event of termination by the Firm, the Firm will take all steps reasonably necessary to protect your interests, including cooperating with the transition to successor counsel and, if required, seeking permission to withdraw from the court, all in compliance with the California Rules of Professional Conduct, Rule 1.16, and applicable court rules.
Grounds for Withdrawal. Without limiting the foregoing, the Firm may withdraw from the representation if: (i) you fail to cooperate with the Firm in the conduct of the matter in a manner that materially impairs the Firm's ability to provide effective representation; (ii) you fail to pay invoices when due or to replenish the retainer deposit as requested; (iii) continued representation would require the Firm to violate its ethical or legal obligations; or (iv) other circumstances arise that, in the Firm's reasonable judgment, make continued representation impracticable or inappropriate.
Post-Termination Obligations. Upon termination of the engagement, regardless of the reason, the Firm will promptly return to you all original documents and files that belong to you. The Firm will also refund any unused portion of the retainer deposit remaining in the trust account, after deduction of all outstanding fees and costs. The Firm may retain copies of the file for its own records, subject to its confidentiality obligations.
13. Document Retention
Following the conclusion of this engagement, the Firm will retain your client file for a period of seven (7) years, in accordance with the Firm's document retention policy. After the expiration of this seven-year period, the Firm may destroy or dispose of the file, including all documents, correspondence, notes, and other materials, without further notice to you.
If you wish to receive your file or any portion thereof at the conclusion of the engagement, or at any time during the retention period, please notify us in writing, and we will arrange for the file to be returned to you or to your designated successor counsel. We recommend that you retain all original documents in your own files and provide copies, rather than originals, to the Firm whenever possible.
14. Governing Law and Dispute Resolution
This engagement letter and the relationship between the Firm and you shall be governed by and construed in accordance with the laws of the State of California, without regard to conflict of law principles.
In the unlikely event that any dispute arises out of or in connection with this engagement, including but not limited to disputes regarding fees, the scope of services, or the quality of representation, the parties agree to the following dispute resolution process:
(a) Mediation. The dispute shall first be submitted to non-binding mediation before a mutually agreed-upon mediator in Los Angeles County, California. The costs of mediation shall be shared equally by the parties, unless otherwise agreed. The parties shall make a good-faith effort to resolve the dispute through mediation before pursuing any other remedy.
(b) Binding Arbitration. If mediation is unsuccessful, or if the parties are unable to agree upon a mediator within thirty (30) days of a written request for mediation, the dispute shall be resolved by binding arbitration in Los Angeles County, California, in accordance with California law. The arbitration shall be conducted by a single arbitrator who is a licensed California attorney with experience in legal fee disputes. The decision of the arbitrator shall be final and binding upon both parties and may be entered as a judgment in any court of competent jurisdiction.
Nothing in this Section shall be construed to limit your right to pursue any remedies available under the California State Bar's Mandatory Fee Arbitration Program (Business and Professions Code Sections 6200–6206), and the Firm acknowledges your right to request fee arbitration through that program.
15. No Guarantee of Outcome
The Firm has not made, and does not make, any guarantee, promise, or representation regarding the outcome of this matter. While we are committed to providing you with diligent, competent, and effective representation, and while we will exercise our best professional judgment on your behalf at all times, the results of any custody, visitation, or child-support determination are inherently uncertain and depend upon numerous factors beyond the Firm's control.
Such factors include, but are not limited to, the discretion of the judicial officer assigned to the case, the recommendations of court-appointed evaluators and minor's counsel, the positions and litigation strategies adopted by Mr. Medrano and his counsel, the evidence presented, and applicable California law. We will keep you fully informed of our assessment of the matter as it progresses, and we will provide you with candid advice regarding the strengths, weaknesses, and risks of your position.
16. Entire Agreement
This letter constitutes the entire agreement between you and the Firm with respect to the terms and conditions of the Firm's engagement to represent you in the matter described herein. This letter supersedes all prior discussions, negotiations, representations, and agreements between you and the Firm, whether oral or written, relating to the subject matter of this engagement.
No modification, amendment, or waiver of any provision of this engagement letter shall be effective unless it is in writing and signed by both you and a partner of the Firm. No oral modification of this letter shall be binding upon either party.
We sincerely appreciate your confidence in Calderwood & Harkness LLP. We understand how important this matter is to you and to the well-being of Isabela and Mateo, and we are committed to working diligently on your behalf to achieve a resolution that serves their best interests.
To proceed, please execute and return one copy of this letter to our offices, together with the initial retainer deposit of $50,000.00, payable by check to "Calderwood & Harkness LLP Client Trust Account" or by wire transfer to the account specified in the enclosed wiring instructions.
If you have any questions regarding this letter or any aspect of the engagement, please do not hesitate to contact either of the following:
Devon Archer, Lead Associate Telephone: (213) 555-7818
Email: darcher@calderwoodharkness.com
Priya Anand, Partner Telephone: (213) 555-7812
Email: panand@calderwoodharkness.com
We look forward to hearing from you soon.
Very truly yours,
CALDERWOOD & HARKNESS LLP
By: ________
Priya Anand Partner Calderwood & Harkness LLP 777 South Flower Street, Suite 3400 Los Angeles, CA 90017
ACKNOWLEDGMENT AND ACCEPTANCE
I have read, understand, and agree to the terms and conditions of the foregoing engagement letter dated April 18, 2023, between Calderwood & Harkness LLP and me. By signing below, I confirm my engagement of Calderwood & Harkness LLP to represent me in the matter described herein, on the terms set forth above.
________________________________________
Marguerite D. Fonseca
Printed Name: Marguerite D. Fonseca
Date: ________
Encl.: Duplicate original of this engagement letter for client signature and return; Wire transfer instructions for retainer deposit
cc: Oliver Mackenzie, Partner; Devon Archer, Associate (internal distribution only)
Timekeeper | Role | Hourly Rate
Oliver Mackenzie | Partner (Supervisory) | $925.00 per hour
Priya Anand | Partner (Billing/Strategic Lead) | $875.00 per hour
Devon Archer | Lead Associate | $625.00 per hour
Nadia Petrov | Working Associate | $485.00 per hour

CALDERWOOD & HARKNESS LLP Attorneys at Law

CALDERWOOD & HARKNESS LLP

ACKNOWLEDGMENT AND ACCEPTANCE

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