CALDERWOOD & HARKNESS LLP Attorneys at Law
777 South Flower Street, Suite 3400 Los Angeles, California 90017
Telephone: (213) 555-8200 Facsimile: (213) 555-8201
January 31, 2024
VIA EMAIL AND HAND DELIVERY
Gwendolyn R. Kwan, Esq. Kwan, Delacroix & Samuels LLP 4400 Riverside Drive, Suite 700 Burbank, CA 91505
Re: In re Fonseca / Medrano — Custody, Parenting Plan & Child Support Case No. 22STFL09847 Superior Court of California, County of Los Angeles C&H Matter No. 1035-00002
Dear Ms. Kwan:
This letter accompanies the transmittal of execution copies of the stipulated agreements reached by the parties following the conclusion of the third and final mediation session held on January 19, 2024, before the Honorable Constance M. Yee (Ret.) at Pacific Coast Dispute Resolution Services. As you are aware, the parties and counsel worked diligently over the course of three mediation sessions to resolve all outstanding issues relating to custody, parenting time, and child support for the parties' two minor children, Isabela D. Medrano (DOB: March 12, 2015) and Mateo R. Medrano (DOB: September 5, 2018). The enclosed documents memorialize the terms as set forth in the mediator's term sheet executed by both parties at the conclusion of the January 19, 2024 session and as subsequently refined by counsel during the intervening period.
Please be advised that our client, Marguerite D. Fonseca, has reviewed and approved each of the enclosed documents in their final form. Ms. Fonseca has executed the signature pages where indicated by signature tab on each document. We respectfully request that Mr. Medrano review each of the enclosed documents, execute the signature pages where indicated, and return the documents at his earliest convenience in accordance with the instructions set forth below.
Enclosed Documents
The following documents are enclosed herewith, each transmitted in duplicate original form with signature tabs affixed at the locations requiring Mr. Medrano's execution:
1. Stipulated Custody & Parenting Plan Agreement (Execution Version), dated January 31, 2024.
This agreement is entered into between Marguerite D. Fonseca and Rafael J. Medrano and constitutes the comprehensive parenting plan governing custody and timeshare arrangements for the parties' two minor children. The agreement provides for, among other things, the following material terms:
• Legal Custody. Joint legal custody of both minor children, with tie-breaking decision-making authority awarded to Ms. Fonseca on all educational decisions, including but not limited to school enrollment, special education services, tutoring, and academic programming. All other major decisions regarding the health, welfare, and upbringing of the children shall be made jointly by the parties following good-faith consultation.
• Physical Custody. Joint physical custody, with the primary residence of both minor children designated as Ms. Fonseca's residence.
• School-Year Timeshare. During the school year (defined as the period from the first day of the academic calendar through the last day of the academic calendar, exclusive of the summer break period), the parenting timeshare shall be approximately 63.6% to Ms. Fonseca and 36.4% to Mr. Medrano, reflecting approximately 232 overnights per year with Ms. Fonseca and approximately 133 overnights per year with Mr. Medrano.
• Summer Schedule. During the summer break period (defined as the 10-week, 70-day period beginning on the Saturday following the last day of the school year), the parties shall share custody on a 50/50 basis, with each parent receiving 35 overnights. The specific allocation of summer weeks is set forth in Exhibit A.
• Holiday Rotation. An alternating even-year/odd-year holiday rotation schedule governing Thanksgiving, winter break, spring break, and other designated holidays, the details of which are set forth in Exhibit A attached to the agreement.
• Travel Notice Provisions. Detailed provisions governing domestic and international travel with the minor children, including advance written notice requirements and consent protocols, as more particularly described in Exhibit B.
• On-Location Work Transfer Provisions. Provisions addressing the transfer of custodial time when either parent's work obligations require travel exceeding 14 consecutive calendar days, with make-up time to be scheduled within 60 days, as set forth in Exhibit B.
• Non-Disparagement and Confidentiality. A mutual non-disparagement and confidentiality clause prohibiting each party from making disparaging remarks about the other party in the presence of or within earshot of the minor children, and restricting the disclosure of the terms of the agreement to third parties except as required by law or court order.
• Parenting Plan Coordinator. Appointment of Dr. Marcus W. Ingalls, LMFT (License No. LMFT 89412) of Ingalls & Cuevas Family Counseling as the Parenting Plan Coordinator to assist the parties in resolving day-to-day disputes regarding the interpretation and implementation of the parenting plan, with the scope of the Coordinator's authority and the parties' respective obligations set forth in detail in the agreement.
This document is transmitted in duplicate original. Signature tabs have been affixed at each location requiring Mr. Medrano's execution, as indicated on the signature pages.
2. Child Support Agreement (Attachment to Stipulation), dated January 31, 2024.
This agreement sets forth the parties' stipulated child support obligations for both minor children. The material financial terms include the following:
• Base Child Support. Agreed child support in the amount of $1,100.00 per month, payable by Ms. Fonseca to Mr. Medrano. This amount reflects a negotiated deviation of $174.00 per month below the DissoMaster guideline amount of $1,274.00 per month calculated for two children at the stipulated 63.6%/36.4% timeshare, based upon a combined gross monthly income of $100,833.00 (consisting of Ms. Fonseca's gross monthly income of $72,500.00 and Mr. Medrano's imputed gross monthly income of $28,333.00). The basis for the below-guideline deviation, including the parties' respective stipulations regarding income and the additional financial obligations assumed by Ms. Fonseca as set forth below, is documented in the agreement in conformity with the requirements of California Family Code Section 4065.
• Education Costs. The parties shall share the cost of tuition at Ridgeview Academy for both minor children as follows: Ms. Fonseca shall be responsible for 70% and Mr. Medrano shall be responsible for 30% of annual tuition. Current annual tuition amounts are $32,400.00 for Isabela and $26,800.00 for Mateo, totaling $59,200.00 per year. Ms. Fonseca's share amounts to $41,440.00 per year and Mr. Medrano's share amounts to $17,760.00 per year. The agreement includes provisions for adjustment of these amounts in the event of tuition increases or changes in enrollment.
• Extracurricular Activity Costs. Extracurricular activity costs shall be split 60% Mr. Medrano and 40% Ms. Fonseca, up to a cap of $1,500.00 per child per quarter. Any extracurricular costs exceeding the quarterly cap of $1,500.00 per child shall require the mutual written consent of both parties prior to enrollment or commitment.
• Healthcare. Both minor children shall remain enrolled on Ms. Fonseca's employer-sponsored health insurance plan through Luminos Entertainment Group, Inc., underwritten by Veridian Health Insurance Co. Unreimbursed medical, dental, orthodontic, and mental health expenses for both children shall be shared 70% by Ms. Fonseca and 30% by Mr. Medrano. The agreement contains detailed provisions governing the submission and reimbursement of unreimbursed healthcare expenses.
• Annual Review. The child support terms shall be subject to review on the anniversary of the entry of the court's order, or upon a material change in circumstances, defined as a change in either party's gross income exceeding 15% or a change in the custodial timeshare exceeding 10%.
This document is transmitted in duplicate original, with signature tabs affixed for Mr. Medrano's execution.
3. Exhibit A — Holiday & Vacation Schedule, dated January 31, 2024.
This exhibit sets forth the detailed alternating even-year/odd-year rotation schedule for Thanksgiving, winter break, spring break, and each parent's individually designated holidays (including but not limited to Mother's Day, Father's Day, each parent's birthday, and each child's birthday). The exhibit also contains the specific allocation of the 10-week, 70-day summer break, providing for 35 overnights with each parent, including the designation of specific weeks and the protocol for the parties' annual selection of summer vacation weeks. Additionally, Exhibit A specifies the pick-up and drop-off times for transitions between custodial periods and designates the locations for pick-up and drop-off, including the primary exchange location and alternate exchange arrangements.
This document is transmitted in duplicate original.
4. Exhibit B — Right of First Refusal & Travel Notice Protocol, dated January 31, 2024.
This exhibit establishes two key protocols:
• Right of First Refusal. When the custodial parent anticipates being unavailable for more than 8 consecutive hours during his or her custodial period (exclusive of regular school and childcare hours), the custodial parent shall first offer the non-custodial parent the opportunity to care for the minor children during the period of unavailability before making alternative childcare arrangements with a third party.
• Travel Notice Protocol. For any travel with the minor children outside the continental United States, the traveling parent shall provide no fewer than 30 calendar days' advance written notice to the non-traveling parent and shall obtain the non-traveling parent's written consent prior to such travel. For domestic travel outside the State of California, the traveling parent shall provide no fewer than 14 calendar days' advance written notice to the non-traveling parent. The exhibit specifies the form and content of the required notices and the process for addressing disputes regarding travel.
• On-Location Work Transfer Provision. If either parent's employment obligations require travel exceeding 14 consecutive calendar days, the custodial time during the period of absence shall transfer to the other parent. The traveling parent shall be entitled to make-up custodial time equivalent to the number of overnights transferred, to be scheduled by mutual agreement within 60 calendar days following the traveling parent's return.
This document is transmitted in duplicate original.
5. Stipulation for Judgment re Custody, Parenting Plan & Child Support, for filing with the Superior Court of California, County of Los Angeles, Case No. 22STFL09847, dated January 31, 2024.
This stipulation is prepared for filing with the court and incorporates by reference the Stipulated Custody & Parenting Plan Agreement and the Child Support Agreement, together with Exhibits A and B. The stipulation recites the parties' agreement to the terms contained therein and requests that the court enter judgment consistent with the parties' agreement. The stipulation requires the signatures of both Ms. Fonseca and Mr. Medrano, as well as the signatures of counsel for both parties in their capacity as counsel of record. A proposed order for the court's signature is attached to the stipulation.
This document is transmitted in duplicate original. Signature tabs have been affixed for Mr. Medrano's execution and for your execution as counsel of record for Mr. Medrano.
Execution Instructions
We respectfully request that the following execution procedures be followed:
1. Mr. Medrano should execute each of the five documents identified above where indicated by signature tab. As noted, each document has been transmitted in duplicate original form, and Mr. Medrano's signature is required on both originals of each document (i.e., ten signature pages in total across the five documents).
2. Ms. Kwan should execute the Stipulation for Judgment (Document No. 5 above) in her capacity as counsel of record for Mr. Medrano, on both duplicate originals. If your firm's practice requires a co-signature, we request that Mr. Benjamin T. Okafor (CA State Bar No. 312776) also execute the Stipulation for Judgment in his capacity as co-counsel for Mr. Medrano.
3. Upon execution, please return one fully executed original of each of the five documents to our offices at:
Calderwood & Harkness LLP 777 South Flower Street, Suite 3400 Los Angeles, CA 90017
Attention: Devon Archer
4. The second fully executed original of each document should be retained by Kwan, Delacroix & Samuels LLP and/or Mr. Medrano for your respective files.
5. Upon receipt of the fully executed originals, Calderwood & Harkness LLP will arrange for the filing of the Stipulation for Judgment with the Superior Court of California, County of Los Angeles, together with the proposed order for the court's signature. Our goal is to have the stipulation filed and the court's order entered as promptly as practicable following receipt of the executed documents.
Timing
We respectfully request that the fully executed documents be returned to our office no later than Monday, February 5, 2024, in order to allow for timely filing with the court. As you are aware, both parties and counsel agreed to the substance of the enclosed documents during and following the January 19, 2024 mediation session before Judge Yee, and the documents faithfully reflect the terms as memorialized in the mediator's term sheet signed by both Ms. Fonseca and Mr. Medrano on that date. We trust that Mr. Medrano's review of the execution copies will confirm that the documents are consistent with the agreed-upon terms and that execution can be completed within the requested timeframe.
Copy to Minor's Counsel
Please note that, in accordance with our mutual obligations, a copy of the executed Stipulated Custody & Parenting Plan Agreement (Document No. 1 above) will be provided to Minor's Counsel, Tessa L. Brannigan, Esq. (CA State Bar No. 267894), at 6320 Canoga Avenue, Suite 1500, Woodland Hills, CA 91367, for her review and any comment prior to the court's consideration of the Stipulation for Judgment. Consistent with the confidentiality provisions contained in the agreements and the parties' mutual understanding, the Child Support Agreement and its financial terms will not be included in the transmittal to Minor's Counsel.
Confidentiality
We take this opportunity to remind your office that the enclosed documents contain a mutual non-disparagement and confidentiality clause, the terms of which are binding upon both parties and, by extension, their respective counsel. Additionally, the court file in this matter is subject to a sealing order entered on July 14, 2023, pursuant to California Rules of Court, Rule 2.550 et seq., which restricts public access to the filings in this case. We respectfully request that Kwan, Delacroix & Samuels LLP treat the enclosed documents in a manner consistent with these confidentiality obligations and limit the distribution of the enclosed documents to Mr. Medrano and members of his counsel team with a need to know.
We wish to express our sincere appreciation for your and your team's cooperation and professionalism throughout the mediation process. The resolution achieved on January 19, 2024 reflects the hard work and good faith of both parties and all counsel involved, and we are confident that the arrangements set forth in the enclosed documents serve the best interests of Isabela and Mateo.
Should you have any questions regarding the enclosed documents, the execution procedures, or any other matter related to this transmittal, please do not hesitate to contact the undersigned or Priya Anand at our office.
Very truly yours,
CALDERWOOD & HARKNESS LLP
By: ________
Devon Archer Associate
Direct Telephone: (213) 555-8217
Email: darcher@calderwoodharkness.com
cc: Marguerite D. Fonseca (via email)
Priya Anand, Esq., Calderwood & Harkness LLP (via email) Benjamin T. Okafor, Esq., Kwan, Delacroix & Samuels LLP (via email)
Enclosures (duplicate originals of each):
1. Stipulated Custody & Parenting Plan Agreement (Execution Version), dated January 31, 2024
2. Child Support Agreement (Attachment to Stipulation), dated January 31, 2024
3. Exhibit A — Holiday & Vacation Schedule, dated January 31, 2024
4. Exhibit B — Right of First Refusal & Travel Notice Protocol, dated January 31, 2024
5. Stipulation for Judgment re Custody, Parenting Plan & Child Support (with proposed order), for filing in Case No. 22STFL09847, dated January 31, 2024
CONFIDENTIAL — This letter and the enclosed documents contain information that is privileged, confidential, and/or subject to a court sealing order. Distribution is limited to the named addressees and copy recipients. If you have received this communication in error, please notify the sender immediately and destroy all copies.