letter-kds-meet-and-confer-custody.docx

1035-00002 · Calderwood & Harkness LLP · Mediation & Negotiation

letter-kds-meet-and-confer-custody.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

June 5, 2023

VIA EMAIL AND U.S. MAIL

Gwendolyn R. Kwan, Esq. Kwan, Delacroix & Samuels LLP 4400 Riverside Drive, Suite 700 Burbank, CA 91505

Re: In re Fonseca / Medrano — Case No. 22STFL09847 Superior Court of California, County of Los Angeles Custody and Visitation — Meet-and-Confer Regarding Initial Proposals

Dear Ms. Kwan:

I write on behalf of our client, Marguerite D. Fonseca ("Ms. Fonseca" or "Petitioner"), in connection with the above-referenced matter. As you know, my name is Devon Archer, and I serve as Lead Associate in the Family Law Practice Group at Calderwood & Harkness LLP. Together with Priya Anand, Partner, I represent Ms. Fonseca in this proceeding. I understand that you serve as counsel of record for Rafael J. Medrano ("Mr. Medrano" or "Respondent").

The purpose of this letter is to propose a meet-and-confer between counsel regarding initial custody and visitation proposals for the parties' two minor children: Isabela Luz Fonseca-Medrano (date of birth: February 11, 2017, age six) and Mateo Elías Fonseca-Medrano (date of birth: August 29, 2019, age three). As you are aware, the dissolution of the parties' registered domestic partnership was finalized by judgment entered on November 3, 2022, in Case No. 22STFL09847. That judgment, while resolving the parties' property and debt issues, expressly reserved jurisdiction over all matters relating to custody, visitation, and child support. On May 2, 2023, Ms. Fonseca filed a Request for Order ("RFO") Re Custody and Child Support seeking, among other things, a defined custody and visitation schedule and an order of child support consistent with the statewide guidelines. The matters raised in the RFO remain pending before the court, and it is our hope that the parties can make meaningful progress toward a resolution through cooperative discussions before any contested hearing becomes necessary.

Current Status — Temporary Custody Order

As you are aware, the court entered a temporary custody order on May 30, 2023, following a brief hearing before the Honorable Judge Carmen L. Reyes in Department 6A. That order established a temporary timeshare arrangement of approximately 60/40 in favor of Ms. Fonseca during the pendency of the custody proceedings. Specifically, the order provides that the children shall reside primarily with Ms. Fonseca during the school week (Sunday evening through Friday afternoon), with Mr. Medrano exercising parenting time on alternating weekends from Friday afternoon through Sunday evening, as well as one midweek overnight on Wednesday evenings.

The necessity for this temporary order arose directly from the breakdown of the informal custody arrangement that had been in place since the dissolution judgment was entered. The parties had, for several months following the dissolution, maintained a cooperative and largely workable informal schedule under which the children spent roughly equal time with each parent. That arrangement was disrupted in early 2023 when Mr. Medrano accepted a seven-week on-location shoot in Vancouver, British Columbia, which required his absence from the Los Angeles area for an extended and largely uninterrupted period. During that time, Ms. Fonseca assumed sole day-to-day responsibility for the children's care, schooling, and medical needs. The disruption to the children's schedule and care continuity was significant, and the informal arrangement proved unsustainable in the absence of any formal order or written agreement governing the parties' respective custodial time and decision-making responsibilities.

We acknowledge, and Ms. Fonseca wishes to emphasize, that both parties share the fundamental goal of establishing a permanent, stable, and comprehensive custody and parenting plan that serves the best interests of Isabela and Mateo. It is in that spirit that we write to propose the discussions outlined below.

Proposed Meet-and-Confer — Scope and Topics

Ms. Fonseca respectfully proposes that counsel for both parties meet and confer, either in person at a mutually agreeable location or by videoconference, at a mutually convenient time during the week of June 19, 2023, or at the earliest available date thereafter should that week not be feasible for your office or your client. We are flexible regarding timing and format, and we welcome any alternative dates or arrangements that you or Mr. Medrano may wish to suggest.

We propose that the meet-and-confer address the following topics, which we believe represent the core issues that must be resolved in order to craft a comprehensive and workable parenting plan:

1. Legal Custody. It is Ms. Fonseca's position that the parties should share joint legal custody of both Isabela and Mateo. Ms. Fonseca believes that both parents are capable of participating meaningfully in major decisions affecting the children's welfare, and she is committed to fostering a cooperative co-parenting relationship. At the meet-and-confer, we would like to discuss the specific decision-making protocols that will govern the exercise of joint legal custody, including but not limited to decisions regarding the children's education (enrollment, school selection, tutoring, and special education services, if applicable), healthcare (selection of physicians, dentists, and therapists; consent to non-emergency medical procedures; mental health treatment), religious upbringing, and participation in extracurricular activities. We would also like to discuss a mechanism for resolving disagreements between the parties on any of these topics, such as a provision for consultation with a parenting coordinator or mediator in the event of an impasse, before either party may petition the court.

2. Physical Custody and Timeshare. We would like to discuss a proposed regular school-year timeshare schedule that takes into account the following practical considerations:

(a) School Enrollment. Both children are currently enrolled at Ridgeview Academy, a private school located in Sherman Oaks, California. Isabela has completed first grade and will enter second grade in the fall of 2023. Mateo is enrolled in the pre-kindergarten program and will continue in that program for the 2023–2024 school year. The children's enrollment at Ridgeview Academy provides an important anchor for their weekly schedule, and any timeshare arrangement should be designed to minimize disruption to their school attendance and extracurricular participation.

(b) Proximity of Parental Residences to the School. Ms. Fonseca currently resides at 1742 Laurel Canyon Boulevard, Unit 3A, Studio City, California 91604, which is approximately 2.3 miles from Ridgeview Academy. Mr. Medrano currently resides at 609 Moorpark Street, Apartment 12, North Hollywood, California 91602, which is approximately 4.1 miles from the school. Both residences are within a reasonable commuting distance from the school, though Ms. Fonseca's residence offers somewhat greater proximity and a more direct route, particularly during morning peak traffic hours.

(c) Parental Work Schedules. Ms. Fonseca is employed as Senior Vice President, Original Content Development, at Luminos Entertainment Group, Inc. Her position involves a largely regular weekday schedule, with occasional evening obligations related to industry events and production meetings. Mr. Medrano works as a freelance cinematographer and director of photography, operating through his company, Medrano Visuals, LLC. His work schedule is, by its nature, variable and project-dependent, and may require periods of extended travel for on-location shoots, as the parties' recent experience has demonstrated. The timeshare schedule should be designed to account for the realities of both parents' professional obligations while prioritizing the children's need for consistency and routine.

3. Summer and Holiday Schedules. We would like to discuss a proposed summer vacation schedule and a holiday rotation plan. Ms. Fonseca is prepared to propose a framework under which the parties alternate major holidays (including Thanksgiving, Christmas/winter break, spring break, and the children's respective birthdays) on an annual basis, with provisions for equal or near-equal division of summer vacation time. We anticipate that the details of these schedules will require careful negotiation, and we welcome Mr. Medrano's initial proposals on these topics as well.

4. Travel and On-Location Work Provisions. Given that both parties work in the entertainment industry, it is essential that any parenting plan include clear and enforceable provisions governing parental travel for work purposes. Ms. Fonseca proposes that the parenting plan include the following types of provisions, which we would like to discuss in detail at the meet-and-confer:

(a) A requirement that the traveling parent provide written notice to the other parent no fewer than fourteen (14) calendar days in advance of any work-related travel that will interfere with the traveling parent's custodial time, except in cases of genuine emergency or last-minute professional obligations, in which case notice shall be provided as soon as reasonably practicable.

(b) A right of first refusal, under which the non-traveling parent shall have the first opportunity to exercise additional custodial time during any period in which the traveling parent is unable to care for the children due to work-related travel, before any third-party caregiver is engaged.

(c) A mechanism for make-up time, under which the traveling parent may, upon reasonable notice and mutual agreement, make up any custodial time lost due to work-related travel within a defined period following the conclusion of the travel.

(d) Provisions for video and telephone communication between the children and the traveling parent during any extended absence.

These provisions are particularly important in light of Mr. Medrano's professional activities, which have historically involved on-location work of significant duration. However, Ms. Fonseca recognizes that her own professional obligations may also occasionally require travel, and she is prepared to accept reciprocal obligations.

5. Child Support. We would like to engage in a preliminary discussion of child support calculations at the meet-and-confer. Ms. Fonseca's income is documented through her employment with Luminos Entertainment Group, Inc., and complete income information, including her most recent W-2s and pay stubs, will be provided in connection with any support analysis. However, we note that a meaningful child support calculation will require complete and accurate income disclosure from Mr. Medrano. Given the variable and freelance nature of Mr. Medrano's earnings — which are derived from multiple projects of varying duration and compensation through Medrano Visuals, LLC — it will be necessary for your client to provide comprehensive documentation of his gross and net income, including but not limited to his most recent two years of federal and state tax returns, profit and loss statements for Medrano Visuals, LLC, 1099 forms, and documentation of any deferred compensation, residuals, or other forms of income. We request that this documentation be compiled and made available in advance of or at the meet-and-confer so that both parties may engage in an informed and productive discussion of support obligations.

6. Children's Expenses. In addition to guideline child support, we would like to discuss the allocation of the children's major expenses, which are substantial. These expenses include, but are not limited to:

(a) Tuition at Ridgeview Academy. Annual tuition for Isabela is currently $32,400 per year, and annual tuition for Mateo is currently $26,800 per year. These figures do not include additional fees for enrollment, supplies, uniforms, field trips, or after-school programs. The combined annual tuition obligation of $59,200 represents a significant financial commitment, and the parties should reach an agreement regarding the allocation of this expense — whether by equal division, pro rata based on income, or some other arrangement.

(b) Healthcare. Both children are currently covered under Ms. Fonseca's employer-sponsored health insurance plan through Veridian Health Insurance Co. Ms. Fonseca bears the cost of dependent coverage premiums, which are deducted from her paycheck. The parties should also discuss the allocation of unreimbursed medical, dental, vision, and mental health expenses, including co-pays, deductibles, and any expenses for treatments or providers not covered by the insurance plan.

(c) Extracurricular Activities. Isabela is currently enrolled in a weekend ballet program and a weekly art class. Mateo participates in a toddler swim program. The costs of these activities, as well as any future extracurricular activities that the parties agree upon, should be addressed in the parenting plan.

(d) Other Expenses. Additional child-related expenses, including childcare, transportation, clothing, school supplies, and any other recurring or extraordinary expenses, should be discussed and allocated.

Appointment of Minor's Counsel

We note that, in connection with the pending RFO, the court may determine that it is appropriate to appoint counsel for the minor children pursuant to Family Code section 3150. Ms. Fonseca does not oppose such an appointment. Indeed, Ms. Fonseca believes that the appointment of minor's counsel may be beneficial in ensuring that the children's voices and interests are independently represented throughout these proceedings. Should the court appoint minor's counsel, we are fully prepared to coordinate with appointed counsel regarding all meet-and-confer discussions, custody proposals, and settlement negotiations, and we would welcome minor's counsel's participation in the meet-and-confer or in any subsequent mediation sessions.

Suggestion to Engage a Mediator

Ms. Fonseca strongly recommends that the parties engage a private mediator with demonstrated expertise in high-asset and entertainment-industry family law matters to facilitate resolution of the outstanding custody, visitation, and support issues without the need for a contested hearing. We believe that mediation offers the best path toward a comprehensive and durable resolution that serves the interests of both parties and, most importantly, the best interests of Isabela and Mateo.

Mediation would allow the parties to engage in structured, facilitated discussions in a confidential setting, with the guidance of a neutral professional experienced in the unique issues that arise in matters involving families in the entertainment industry. It would minimize the adversarial nature of the proceedings and the attendant emotional toll on both the parties and the children. It would also afford the parties greater flexibility and creativity in crafting a parenting plan that is tailored to the specific needs and circumstances of this family, rather than relying on the court to impose a one-size-fits-all solution after a contested hearing.

We further note that the confidentiality protections available in private mediation are of particular importance in this matter. Both Ms. Fonseca and Mr. Medrano are public-facing professionals in the entertainment industry. The details of their custody dispute, their financial circumstances, and their children's personal information are matters of legitimate privacy concern. As you know, there is a pending request to seal certain portions of the court file under California Rules of Court, Rule 2.550 et seq. Private mediation, conducted under the confidentiality provisions of Evidence Code sections 1115 through 1128, would provide an additional layer of protection against public disclosure of sensitive information.

We respectfully request that you confer with Mr. Medrano regarding his willingness to participate in private mediation. Ms. Fonseca is open to selecting a mediator from a mutually agreed-upon short list, and she is willing to share the costs of mediation equally with Mr. Medrano. Should Mr. Medrano agree to mediation, we propose that the parties exchange proposed mediator candidates and endeavor to agree on a mediator by joint stipulation within a reasonable time following the initial meet-and-confer.

Custody Evaluation

In addition to mediation, Ms. Fonseca is amenable to a stipulated appointment of a qualified custody evaluator — specifically, a licensed clinical psychologist with expertise in child custody matters — to conduct a comprehensive custody evaluation. Such an evaluation could be conducted pursuant to Evidence Code section 730 or, alternatively, Family Code section 3111, depending on the parties' preference and the court's direction. A joint stipulation for the appointment of a custody evaluator could be discussed and, ideally, agreed upon at the meet-and-confer.

Ms. Fonseca believes that a thorough, professionally conducted custody evaluation would serve multiple valuable purposes. It would provide both parties and their counsel with an objective, expert assessment of the children's needs, the parenting capacity of each party, and the strengths and challenges of the family system. It would also provide a neutral evidentiary foundation that would inform the parties' negotiations, facilitate any mediator's work, and — if necessary — assist the court in making a custody determination at a hearing. Ms. Fonseca is fully prepared to cooperate with any evaluator selected by the parties and to make herself and the children available for interviews, observations, and psychological testing as the evaluator may require.

Request for Response and Scheduling

We respectfully request that you respond to this letter no later than Friday, June 16, 2023, with Mr. Medrano's availability for the proposed meet-and-confer during the week of June 19, 2023, or at the earliest available alternative date, as well as Mr. Medrano's position on the proposal to engage a private mediator and to stipulate to the appointment of a custody evaluator. An earlier response, of course, would be welcome and appreciated, as it would allow both sides additional time to prepare for a productive discussion.

For scheduling purposes and any questions regarding the matters addressed in this letter, please do not hesitate to contact me directly:

Devon Archer, Esq. Calderwood & Harkness LLP Direct Telephone: (213) 555-7138

Email: d.archer@calderwoodharkness.com

Closing — Cooperation and Good Faith

In closing, Ms. Fonseca wishes to reiterate her sincere desire to resolve all outstanding custody, visitation, and child support issues cooperatively and in good faith, with the best interests of Isabela and Mateo as the paramount consideration. She recognizes that Mr. Medrano is a loving and involved parent, and she remains committed to working collaboratively with him and with your office to achieve a parenting plan that provides both children with stability, consistency, and meaningful relationships with both of their parents.

That said, Ms. Fonseca expressly reserves all rights under the temporary custody order entered May 30, 2023, and under the pending Request for Order filed May 2, 2023. In the event that the parties are unable to reach agreement through the cooperative process proposed in this letter, Ms. Fonseca will not hesitate to pursue all available remedies through the court to protect her rights and the best interests of the children.

We look forward to hearing from you at your earliest convenience.

Very truly yours,

CALDERWOOD & HARKNESS LLP

By: ________

Devon Archer, Esq. Associate Direct Telephone: (213) 555-7138

Email: d.archer@calderwoodharkness.com

cc: Priya Anand, Esq., Partner, Calderwood & Harkness LLP cc: Benjamin T. Okafor, Esq., Associate, Kwan, Delacroix & Samuels LLP

CONFIDENTIALITY NOTICE: This communication, including any attachments, is intended solely for the use of the individual or entity to whom it is addressed and may contain information that is privileged, confidential, and exempt from disclosure under applicable law, including the attorney-client privilege and the attorney work-product doctrine. If you are not the intended recipient, or if you have received this communication in error, you are hereby notified that any review, dissemination, distribution, copying, or other use of this communication or its contents is strictly prohibited. Please notify the sender immediately by telephone at (213) 555-7100 and permanently delete or destroy all copies of this communication. Thank you.

C&H Matter No. 1035-00002

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
June 5, 2023
VIA EMAIL AND U.S. MAIL
Gwendolyn R. Kwan, Esq. Kwan, Delacroix & Samuels LLP 4400 Riverside Drive, Suite 700 Burbank, CA 91505
Re: In re Fonseca / Medrano — Case No. 22STFL09847 Superior Court of California, County of Los Angeles Custody and Visitation — Meet-and-Confer Regarding Initial Proposals
Dear Ms. Kwan:
I write on behalf of our client, Marguerite D. Fonseca ("Ms. Fonseca" or "Petitioner"), in connection with the above-referenced matter. As you know, my name is Devon Archer, and I serve as Lead Associate in the Family Law Practice Group at Calderwood & Harkness LLP. Together with Priya Anand, Partner, I represent Ms. Fonseca in this proceeding. I understand that you serve as counsel of record for Rafael J. Medrano ("Mr. Medrano" or "Respondent").
The purpose of this letter is to propose a meet-and-confer between counsel regarding initial custody and visitation proposals for the parties' two minor children: Isabela Luz Fonseca-Medrano (date of birth: February 11, 2017, age six) and Mateo Elías Fonseca-Medrano (date of birth: August 29, 2019, age three). As you are aware, the dissolution of the parties' registered domestic partnership was finalized by judgment entered on November 3, 2022, in Case No. 22STFL09847. That judgment, while resolving the parties' property and debt issues, expressly reserved jurisdiction over all matters relating to custody, visitation, and child support. On May 2, 2023, Ms. Fonseca filed a Request for Order ("RFO") Re Custody and Child Support seeking, among other things, a defined custody and visitation schedule and an order of child support consistent with the statewide guidelines. The matters raised in the RFO remain pending before the court, and it is our hope that the parties can make meaningful progress toward a resolution through cooperative discussions before any contested hearing becomes necessary.
Current Status — Temporary Custody Order
As you are aware, the court entered a temporary custody order on May 30, 2023, following a brief hearing before the Honorable Judge Carmen L. Reyes in Department 6A. That order established a temporary timeshare arrangement of approximately 60/40 in favor of Ms. Fonseca during the pendency of the custody proceedings. Specifically, the order provides that the children shall reside primarily with Ms. Fonseca during the school week (Sunday evening through Friday afternoon), with Mr. Medrano exercising parenting time on alternating weekends from Friday afternoon through Sunday evening, as well as one midweek overnight on Wednesday evenings.
The necessity for this temporary order arose directly from the breakdown of the informal custody arrangement that had been in place since the dissolution judgment was entered. The parties had, for several months following the dissolution, maintained a cooperative and largely workable informal schedule under which the children spent roughly equal time with each parent. That arrangement was disrupted in early 2023 when Mr. Medrano accepted a seven-week on-location shoot in Vancouver, British Columbia, which required his absence from the Los Angeles area for an extended and largely uninterrupted period. During that time, Ms. Fonseca assumed sole day-to-day responsibility for the children's care, schooling, and medical needs. The disruption to the children's schedule and care continuity was significant, and the informal arrangement proved unsustainable in the absence of any formal order or written agreement governing the parties' respective custodial time and decision-making responsibilities.
We acknowledge, and Ms. Fonseca wishes to emphasize, that both parties share the fundamental goal of establishing a permanent, stable, and comprehensive custody and parenting plan that serves the best interests of Isabela and Mateo. It is in that spirit that we write to propose the discussions outlined below.
Proposed Meet-and-Confer — Scope and Topics
Ms. Fonseca respectfully proposes that counsel for both parties meet and confer, either in person at a mutually agreeable location or by videoconference, at a mutually convenient time during the week of June 19, 2023, or at the earliest available date thereafter should that week not be feasible for your office or your client. We are flexible regarding timing and format, and we welcome any alternative dates or arrangements that you or Mr. Medrano may wish to suggest.
We propose that the meet-and-confer address the following topics, which we believe represent the core issues that must be resolved in order to craft a comprehensive and workable parenting plan:
1. Legal Custody. It is Ms. Fonseca's position that the parties should share joint legal custody of both Isabela and Mateo. Ms. Fonseca believes that both parents are capable of participating meaningfully in major decisions affecting the children's welfare, and she is committed to fostering a cooperative co-parenting relationship. At the meet-and-confer, we would like to discuss the specific decision-making protocols that will govern the exercise of joint legal custody, including but not limited to decisions regarding the children's education (enrollment, school selection, tutoring, and special education services, if applicable), healthcare (selection of physicians, dentists, and therapists; consent to non-emergency medical procedures; mental health treatment), religious upbringing, and participation in extracurricular activities. We would also like to discuss a mechanism for resolving disagreements between the parties on any of these topics, such as a provision for consultation with a parenting coordinator or mediator in the event of an impasse, before either party may petition the court.
2. Physical Custody and Timeshare. We would like to discuss a proposed regular school-year timeshare schedule that takes into account the following practical considerations:
(a) School Enrollment. Both children are currently enrolled at Ridgeview Academy, a private school located in Sherman Oaks, California. Isabela has completed first grade and will enter second grade in the fall of 2023. Mateo is enrolled in the pre-kindergarten program and will continue in that program for the 2023–2024 school year. The children's enrollment at Ridgeview Academy provides an important anchor for their weekly schedule, and any timeshare arrangement should be designed to minimize disruption to their school attendance and extracurricular participation.
(b) Proximity of Parental Residences to the School. Ms. Fonseca currently resides at 1742 Laurel Canyon Boulevard, Unit 3A, Studio City, California 91604, which is approximately 2.3 miles from Ridgeview Academy. Mr. Medrano currently resides at 609 Moorpark Street, Apartment 12, North Hollywood, California 91602, which is approximately 4.1 miles from the school. Both residences are within a reasonable commuting distance from the school, though Ms. Fonseca's residence offers somewhat greater proximity and a more direct route, particularly during morning peak traffic hours.
(c) Parental Work Schedules. Ms. Fonseca is employed as Senior Vice President, Original Content Development, at Luminos Entertainment Group, Inc. Her position involves a largely regular weekday schedule, with occasional evening obligations related to industry events and production meetings. Mr. Medrano works as a freelance cinematographer and director of photography, operating through his company, Medrano Visuals, LLC. His work schedule is, by its nature, variable and project-dependent, and may require periods of extended travel for on-location shoots, as the parties' recent experience has demonstrated. The timeshare schedule should be designed to account for the realities of both parents' professional obligations while prioritizing the children's need for consistency and routine.
3. Summer and Holiday Schedules. We would like to discuss a proposed summer vacation schedule and a holiday rotation plan. Ms. Fonseca is prepared to propose a framework under which the parties alternate major holidays (including Thanksgiving, Christmas/winter break, spring break, and the children's respective birthdays) on an annual basis, with provisions for equal or near-equal division of summer vacation time. We anticipate that the details of these schedules will require careful negotiation, and we welcome Mr. Medrano's initial proposals on these topics as well.
4. Travel and On-Location Work Provisions. Given that both parties work in the entertainment industry, it is essential that any parenting plan include clear and enforceable provisions governing parental travel for work purposes. Ms. Fonseca proposes that the parenting plan include the following types of provisions, which we would like to discuss in detail at the meet-and-confer:
(a) A requirement that the traveling parent provide written notice to the other parent no fewer than fourteen (14) calendar days in advance of any work-related travel that will interfere with the traveling parent's custodial time, except in cases of genuine emergency or last-minute professional obligations, in which case notice shall be provided as soon as reasonably practicable.
(b) A right of first refusal, under which the non-traveling parent shall have the first opportunity to exercise additional custodial time during any period in which the traveling parent is unable to care for the children due to work-related travel, before any third-party caregiver is engaged.
(c) A mechanism for make-up time, under which the traveling parent may, upon reasonable notice and mutual agreement, make up any custodial time lost due to work-related travel within a defined period following the conclusion of the travel.
(d) Provisions for video and telephone communication between the children and the traveling parent during any extended absence.
These provisions are particularly important in light of Mr. Medrano's professional activities, which have historically involved on-location work of significant duration. However, Ms. Fonseca recognizes that her own professional obligations may also occasionally require travel, and she is prepared to accept reciprocal obligations.
5. Child Support. We would like to engage in a preliminary discussion of child support calculations at the meet-and-confer. Ms. Fonseca's income is documented through her employment with Luminos Entertainment Group, Inc., and complete income information, including her most recent W-2s and pay stubs, will be provided in connection with any support analysis. However, we note that a meaningful child support calculation will require complete and accurate income disclosure from Mr. Medrano. Given the variable and freelance nature of Mr. Medrano's earnings — which are derived from multiple projects of varying duration and compensation through Medrano Visuals, LLC — it will be necessary for your client to provide comprehensive documentation of his gross and net income, including but not limited to his most recent two years of federal and state tax returns, profit and loss statements for Medrano Visuals, LLC, 1099 forms, and documentation of any deferred compensation, residuals, or other forms of income. We request that this documentation be compiled and made available in advance of or at the meet-and-confer so that both parties may engage in an informed and productive discussion of support obligations.
6. Children's Expenses. In addition to guideline child support, we would like to discuss the allocation of the children's major expenses, which are substantial. These expenses include, but are not limited to:
(a) Tuition at Ridgeview Academy. Annual tuition for Isabela is currently $32,400 per year, and annual tuition for Mateo is currently $26,800 per year. These figures do not include additional fees for enrollment, supplies, uniforms, field trips, or after-school programs. The combined annual tuition obligation of $59,200 represents a significant financial commitment, and the parties should reach an agreement regarding the allocation of this expense — whether by equal division, pro rata based on income, or some other arrangement.
(b) Healthcare. Both children are currently covered under Ms. Fonseca's employer-sponsored health insurance plan through Veridian Health Insurance Co. Ms. Fonseca bears the cost of dependent coverage premiums, which are deducted from her paycheck. The parties should also discuss the allocation of unreimbursed medical, dental, vision, and mental health expenses, including co-pays, deductibles, and any expenses for treatments or providers not covered by the insurance plan.
(c) Extracurricular Activities. Isabela is currently enrolled in a weekend ballet program and a weekly art class. Mateo participates in a toddler swim program. The costs of these activities, as well as any future extracurricular activities that the parties agree upon, should be addressed in the parenting plan.
(d) Other Expenses. Additional child-related expenses, including childcare, transportation, clothing, school supplies, and any other recurring or extraordinary expenses, should be discussed and allocated.
Appointment of Minor's Counsel
We note that, in connection with the pending RFO, the court may determine that it is appropriate to appoint counsel for the minor children pursuant to Family Code section 3150. Ms. Fonseca does not oppose such an appointment. Indeed, Ms. Fonseca believes that the appointment of minor's counsel may be beneficial in ensuring that the children's voices and interests are independently represented throughout these proceedings. Should the court appoint minor's counsel, we are fully prepared to coordinate with appointed counsel regarding all meet-and-confer discussions, custody proposals, and settlement negotiations, and we would welcome minor's counsel's participation in the meet-and-confer or in any subsequent mediation sessions.
Suggestion to Engage a Mediator
Ms. Fonseca strongly recommends that the parties engage a private mediator with demonstrated expertise in high-asset and entertainment-industry family law matters to facilitate resolution of the outstanding custody, visitation, and support issues without the need for a contested hearing. We believe that mediation offers the best path toward a comprehensive and durable resolution that serves the interests of both parties and, most importantly, the best interests of Isabela and Mateo.
Mediation would allow the parties to engage in structured, facilitated discussions in a confidential setting, with the guidance of a neutral professional experienced in the unique issues that arise in matters involving families in the entertainment industry. It would minimize the adversarial nature of the proceedings and the attendant emotional toll on both the parties and the children. It would also afford the parties greater flexibility and creativity in crafting a parenting plan that is tailored to the specific needs and circumstances of this family, rather than relying on the court to impose a one-size-fits-all solution after a contested hearing.
We further note that the confidentiality protections available in private mediation are of particular importance in this matter. Both Ms. Fonseca and Mr. Medrano are public-facing professionals in the entertainment industry. The details of their custody dispute, their financial circumstances, and their children's personal information are matters of legitimate privacy concern. As you know, there is a pending request to seal certain portions of the court file under California Rules of Court, Rule 2.550 et seq. Private mediation, conducted under the confidentiality provisions of Evidence Code sections 1115 through 1128, would provide an additional layer of protection against public disclosure of sensitive information.
We respectfully request that you confer with Mr. Medrano regarding his willingness to participate in private mediation. Ms. Fonseca is open to selecting a mediator from a mutually agreed-upon short list, and she is willing to share the costs of mediation equally with Mr. Medrano. Should Mr. Medrano agree to mediation, we propose that the parties exchange proposed mediator candidates and endeavor to agree on a mediator by joint stipulation within a reasonable time following the initial meet-and-confer.
Custody Evaluation
In addition to mediation, Ms. Fonseca is amenable to a stipulated appointment of a qualified custody evaluator — specifically, a licensed clinical psychologist with expertise in child custody matters — to conduct a comprehensive custody evaluation. Such an evaluation could be conducted pursuant to Evidence Code section 730 or, alternatively, Family Code section 3111, depending on the parties' preference and the court's direction. A joint stipulation for the appointment of a custody evaluator could be discussed and, ideally, agreed upon at the meet-and-confer.
Ms. Fonseca believes that a thorough, professionally conducted custody evaluation would serve multiple valuable purposes. It would provide both parties and their counsel with an objective, expert assessment of the children's needs, the parenting capacity of each party, and the strengths and challenges of the family system. It would also provide a neutral evidentiary foundation that would inform the parties' negotiations, facilitate any mediator's work, and — if necessary — assist the court in making a custody determination at a hearing. Ms. Fonseca is fully prepared to cooperate with any evaluator selected by the parties and to make herself and the children available for interviews, observations, and psychological testing as the evaluator may require.
Request for Response and Scheduling
We respectfully request that you respond to this letter no later than Friday, June 16, 2023, with Mr. Medrano's availability for the proposed meet-and-confer during the week of June 19, 2023, or at the earliest available alternative date, as well as Mr. Medrano's position on the proposal to engage a private mediator and to stipulate to the appointment of a custody evaluator. An earlier response, of course, would be welcome and appreciated, as it would allow both sides additional time to prepare for a productive discussion.
For scheduling purposes and any questions regarding the matters addressed in this letter, please do not hesitate to contact me directly:
Devon Archer, Esq. Calderwood & Harkness LLP Direct Telephone: (213) 555-7138
Email: d.archer@calderwoodharkness.com
Closing — Cooperation and Good Faith
In closing, Ms. Fonseca wishes to reiterate her sincere desire to resolve all outstanding custody, visitation, and child support issues cooperatively and in good faith, with the best interests of Isabela and Mateo as the paramount consideration. She recognizes that Mr. Medrano is a loving and involved parent, and she remains committed to working collaboratively with him and with your office to achieve a parenting plan that provides both children with stability, consistency, and meaningful relationships with both of their parents.
That said, Ms. Fonseca expressly reserves all rights under the temporary custody order entered May 30, 2023, and under the pending Request for Order filed May 2, 2023. In the event that the parties are unable to reach agreement through the cooperative process proposed in this letter, Ms. Fonseca will not hesitate to pursue all available remedies through the court to protect her rights and the best interests of the children.
We look forward to hearing from you at your earliest convenience.
Very truly yours,
CALDERWOOD & HARKNESS LLP
By: ________
Devon Archer, Esq. Associate Direct Telephone: (213) 555-7138
Email: d.archer@calderwoodharkness.com
cc: Priya Anand, Esq., Partner, Calderwood & Harkness LLP cc: Benjamin T. Okafor, Esq., Associate, Kwan, Delacroix & Samuels LLP
CONFIDENTIALITY NOTICE: This communication, including any attachments, is intended solely for the use of the individual or entity to whom it is addressed and may contain information that is privileged, confidential, and exempt from disclosure under applicable law, including the attorney-client privilege and the attorney work-product doctrine. If you are not the intended recipient, or if you have received this communication in error, you are hereby notified that any review, dissemination, distribution, copying, or other use of this communication or its contents is strictly prohibited. Please notify the sender immediately by telephone at (213) 555-7100 and permanently delete or destroy all copies of this communication. Thank you.
C&H Matter No. 1035-00002

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