FILED UNDER SEAL — CALIFORNIA RULES OF COURT, RULE 2.550 ET SEQ.
CALDERWOOD & HARKNESS LLP 777 South Flower Street, Suite 3400 Los Angeles, California 90017 Telephone: (213) 555-7100 Facsimile: (213) 555-7101
PRIYA ANAND (CA State Bar No. 245610) panand@calderwoodharkness.com DEVON ARCHER (CA State Bar No. 309221) darcher@calderwoodharkness.com
Attorneys for Petitioner MARGUERITE DELPHINE FONSECA
KWAN, DELACROIX & SAMUELS LLP 4400 Riverside Drive, Suite 700 Burbank, California 91505 Telephone: (818) 555-4400 Facsimile: (818) 555-4401
GWENDOLYN R. KWAN (CA State Bar No. 218453) gkwan@kwandelacroix.com BENJAMIN T. OKAFOR (CA State Bar No. 312776) bokafor@kwandelacroix.com
Attorneys for Respondent RAFAEL JOAQUÍN MEDRANO
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF LOS ANGELES
STANLEY MOSK COURTHOUSE
STIPULATION FOR JUDGMENT RE CUSTODY, PARENTING PLAN, AND CHILD SUPPORT
I. INTRODUCTION AND RECITALS
A. Identification of Parties
Petitioner MARGUERITE DELPHINE FONSECA ("Petitioner"), date of birth June 14, 1984, currently residing at 1742 Laurel Canyon Boulevard, Unit 3A, Studio City, California 91604, and Respondent RAFAEL JOAQUÍN MEDRANO ("Respondent"), date of birth March 22, 1982, currently residing at 609 Moorpark Street, Apt. 12, North Hollywood, California 91602 (collectively, the "Parties"), hereby submit this Stipulation for Judgment Re Custody, Parenting Plan, and Child Support (the "Stipulation") to the above-entitled Court for approval and entry as an order and judgment of this Court.
B. Procedural History
The Parties respectfully set forth the following procedural history for the Court's consideration:
1. The Parties were registered domestic partners in the State of California, having registered their domestic partnership on September 12, 2015, as evidenced by California Secretary of State File No. DP-2015-038741.
2. On July 8, 2022, Petitioner filed a Petition for Dissolution of Domestic Partnership in the Superior Court of California, County of Los Angeles, which was assigned Case No. 22STFL09847.
3. On November 3, 2022, the Court entered a Judgment of Dissolution of Domestic Partnership. That Judgment expressly reserved jurisdiction over all issues relating to custody, visitation, parenting time, and child support pertaining to the minor children of the Parties.
4. On May 2, 2023, Petitioner filed a Request for Order (RFO) Re Custody and Child Support, seeking orders establishing legal and physical custody of the minor children and setting guideline child support.
5. On May 30, 2023, the Court entered a Temporary Custody Order establishing an approximately 60%/40% timeshare in favor of Petitioner during the pendency of the custody proceedings. Said Temporary Custody Order has governed the Parties' custodial arrangement from that date through the present.
6. On June 22, 2023, the Court, upon the joint request of the Parties and pursuant to California Family Code Section 3150, appointed Tessa L. Brannigan, Esq. (CA State Bar No. 267894), as Minor's Counsel to represent the interests of the minor children in these proceedings. Minor's Counsel has participated in all material proceedings and negotiations since her appointment.
7. On July 14, 2023, the Court, upon stipulation of the Parties, entered an order directing a custody evaluation pursuant to California Family Code Section 3111 and appointed Dr. Elena V. Sorensen, Psy.D. (CA License No. PSY 24891), of Sorensen Family Behavioral Health, P.C., as the court-appointed custody evaluator. Dr. Sorensen conducted interviews, home visits, collateral contacts, psychological testing, and other evaluation procedures as described in her report.
8. On July 14, 2023, the Court also entered a Stipulation and Order to Seal the Court File in this matter pursuant to California Rules of Court, Rule 2.550 et seq., based upon the Parties' demonstrated status as public-facing professionals in the entertainment industry and the paramount privacy interests of the minor children. That sealing order remains in full force and effect.
9. On October 6, 2023, Dr. Sorensen delivered her custody evaluation report to the Court, the Parties' respective counsel, and Minor's Counsel. The evaluation report included findings, observations, and recommendations regarding the best interests of the minor children.
10. Between November 17, 2023, and January 19, 2024, the Parties participated in three sessions of private mediation conducted before the Honorable Constance M. Yee (Ret.) of Pacific Coast Dispute Resolution Services, with sessions held on November 17, 2023, December 15, 2023, and January 19, 2024. Through these mediation sessions, the Parties were able to reach a full resolution of all outstanding custody, parenting plan, and child support issues.
C. Identification of Minor Children
The Parties are the parents of the following minor children who are the subject of this Stipulation:
1. ISABELA LUZ FONSECA-MEDRANO, born February 11, 2017, age six (6) years at the time of the filing of the Request for Order, and currently age six (6) years at the time of execution of this Stipulation. Isabela is the biological child of both Petitioner and Respondent.
2. MATEO ELÍAS FONSECA-MEDRANO, born August 29, 2019, age four (4) years at the time of the filing of the Request for Order, and currently age four (4) years at the time of execution of this Stipulation. Mateo is the biological child of both Petitioner and Respondent.
Both children are currently enrolled at Ridgeview Academy, a private school located at 4515 Sepulveda Boulevard, Sherman Oaks, California 91403. Isabela is enrolled in the first grade, and Mateo is enrolled in the pre-kindergarten program. The Parties intend for the children to continue their enrollment at Ridgeview Academy, subject to the terms and conditions set forth in the agreements incorporated herein.
D. Basis for Stipulation
The Parties represent and declare to the Court as follows:
The Parties, through their respective counsel and with the active input and participation of Minor's Counsel, Tessa L. Brannigan, Esq., have engaged in extensive negotiations and mediation over a period of several months. Through this process, the Parties have reached a full and complete agreement on all outstanding issues of legal custody, physical custody, parenting plan, visitation, and child support as they pertain to the minor children, Isabela Luz Fonseca-Medrano and Mateo Elías Fonseca-Medrano.
The Parties enter into this Stipulation freely, voluntarily, and with full knowledge of its terms and legal consequences. Neither Party has been subjected to coercion, duress, fraud, or undue influence in connection with the negotiation or execution of this Stipulation or the incorporated agreements.
Each Party has been represented by independent legal counsel of his or her own choosing throughout the entirety of these proceedings, including during all negotiations and mediation sessions that led to this Stipulation. Each Party has had the opportunity to consult with his or her respective counsel regarding all terms and provisions set forth herein and in the incorporated agreements.
Minor's Counsel has been consulted regarding the terms of this Stipulation and the incorporated agreements and has reviewed the same. Minor's Counsel has indicated that she does not object to the entry of judgment on these terms.
The Parties believe and represent to the Court that the terms set forth in this Stipulation and the incorporated agreements are in the best interests of the minor children, Isabela Luz Fonseca-Medrano and Mateo Elías Fonseca-Medrano, considering the totality of the circumstances, including the factors set forth in California Family Code Section 3011 and the recommendations contained in the custody evaluation report of Dr. Elena V. Sorensen, Psy.D.
II. STIPULATION — TERMS
NOW, THEREFORE, the Parties stipulate and agree as follows:
A. Incorporation of Agreements by Reference
1. The Parties have executed a Stipulated Custody & Parenting Plan Agreement dated January 31, 2024 (the "Parenting Plan Agreement"), a true and correct copy of which is attached hereto as Attachment 1 and is incorporated herein by this reference as though fully set forth at length. The Parties request that the Parenting Plan Agreement be made an order of this Court.
2. The Parties have executed a Child Support Agreement dated January 31, 2024 (the "Child Support Agreement"), a true and correct copy of which is attached hereto as Attachment 2 and is incorporated herein by this reference as though fully set forth at length. The Parties request that the Child Support Agreement be made an order of this Court.
3. The following exhibits are attached to and incorporated as integral parts of the Parenting Plan Agreement (Attachment 1):
(a) Exhibit A: Holiday & Vacation Schedule, which sets forth the alternating holiday rotation, school break allocation, and special occasion provisions applicable to the minor children; and
(b) Exhibit B: Right of First Refusal & Travel Notice Protocol, which sets forth the procedures and obligations of each Party with respect to the right of first refusal and travel notification requirements.
4. In the event of any conflict between the terms of this Stipulation and the terms of the Parenting Plan Agreement (Attachment 1) or the Child Support Agreement (Attachment 2), the terms of the respective Attachment shall control, except as to any matter where a court order supersedes the Parties' private agreement by operation of law.
B. Summary of Custody Terms (Cross-Referencing Attachment 1)
The Parties have agreed to the following custody and parenting plan terms, which are set forth in greater detail in the Parenting Plan Agreement (Attachment 1) and its incorporated Exhibits:
1. Legal Custody. The Parties shall share joint legal custody of both minor children, Isabela Luz Fonseca-Medrano and Mateo Elías Fonseca-Medrano. Joint legal custody shall encompass joint decision-making authority regarding all significant matters affecting the children's health, education, welfare, and general upbringing, as more fully described in the Parenting Plan Agreement. In the event the Parties are unable to reach agreement on an educational decision affecting either child after good-faith consultation, tie-breaking authority on such educational decisions is granted to Petitioner, Marguerite Delphine Fonseca. For all other categories of major decisions — including but not limited to healthcare, religious upbringing, and extracurricular participation — the Parties shall make decisions jointly, and in the event of a disagreement, shall follow the dispute resolution procedures outlined in the Parenting Plan Agreement, including consultation with the Parenting Plan Coordinator.
2. Physical Custody. The Parties shall share joint physical custody of both minor children. The primary residence of both children shall be designated with Petitioner, Marguerite Delphine Fonseca, at her current residence or such other residence as she may maintain within the geographic restrictions set forth in the Parenting Plan Agreement. The designation of a primary residence is for purposes of school enrollment, correspondence, and similar administrative functions and does not diminish the custodial rights of either Party.
3. Timeshare — School Year. During the school year (defined as the period from the first day of instruction at Ridgeview Academy through the last day of instruction, excluding designated school breaks), the Parties shall adhere to the custody schedule set forth in the Parenting Plan Agreement, which results in an approximate 65%/35% timeshare. Specifically, Petitioner shall have approximately 232 overnights per year with the children, and Respondent shall have approximately 133 overnights per year with the children. This equates to approximately 63.6% of custodial time with Petitioner and approximately 36.4% of custodial time with Respondent.
4. Timeshare — Summer. During the summer break from Ridgeview Academy, which the Parties estimate to be approximately ten (10) weeks in duration (approximately 70 days), custodial time shall be split equally between the Parties. Each Party shall have approximately 35 overnights with the children during the summer break period. The specific allocation of summer weeks, including designation of consecutive and non-consecutive blocks, is set forth in the Parenting Plan Agreement.
5. Holiday Rotation. The Parties have agreed to an alternating annual holiday schedule, rotating between even-numbered and odd-numbered calendar years, for the following holidays and school breaks: Thanksgiving (including the Wednesday before Thanksgiving through the Sunday following), Winter Break (divided into a first half and second half), Spring Break, each parent's birthday, the children's birthdays, Mother's Day, Father's Day, Independence Day, Labor Day, Memorial Day, Halloween, and such other holidays and occasions as designated in Exhibit A to the Parenting Plan Agreement. The full holiday schedule, including start and end times for each holiday period, is set forth in Exhibit A.
6. Travel Provisions. Neither Party shall take the children outside the continental United States without providing a minimum of thirty (30) calendar days' advance written notice to the other Party and obtaining the other Party's prior written consent, or, in the absence of such consent, obtaining a court order authorizing the travel. For domestic travel outside the State of California, the traveling Party shall provide a minimum of fourteen (14) calendar days' advance written notice to the other Party, which notice shall include the destination, itinerary, accommodations, and emergency contact information. Additional travel provisions, including passport custody, itinerary requirements, and emergency protocols, are set forth in Exhibit B to the Parenting Plan Agreement.
7. On-Location Work Provision. The Parties acknowledge that, due to the nature of their respective professional occupations within the entertainment industry, either Party may from time to time be required to accept work assignments that necessitate travel away from the Los Angeles metropolitan area for extended periods. In the event either Party accepts work requiring travel of more than fourteen (14) consecutive calendar days, that Party's custodial time for the days of absence shall transfer to the other Party, and the traveling Party shall be entitled to make-up custodial time equivalent to the days transferred, which make-up time shall be scheduled by mutual agreement of the Parties within sixty (60) calendar days of the traveling Party's return. If the Parties are unable to agree on the scheduling of make-up time, either Party may request the assistance of the Parenting Plan Coordinator.
8. Right of First Refusal. The Parties have agreed to a right of first refusal provision applicable when a Party who has custodial time with the children is or will be unavailable to personally care for the children for more than eight (8) consecutive hours (excluding the children's normal sleeping hours). In such circumstances, the unavailable Party shall first offer the other Party the opportunity to care for the children before engaging a third-party caregiver. The procedures, notice requirements, and exceptions to the right of first refusal are set forth in Exhibit B to the Parenting Plan Agreement.
9. Parenting Plan Coordinator. The Parties have agreed to the appointment of Dr. Marcus W. Ingalls, LMFT (CA License No. LMFT 89412), of Ingalls & Cuevas Family Counseling, located at 10880 Wilshire Boulevard, Suite 630, Los Angeles, California 90024, as Parenting Plan Coordinator (the "Coordinator"). The Coordinator shall assist the Parties with the implementation of the Parenting Plan Agreement and shall serve as a resource for the resolution of day-to-day disputes arising under the parenting plan. The Coordinator's role, authority, and fee allocation are described in the Parenting Plan Agreement. The Coordinator shall not have authority to modify the terms of this Stipulation or the Parenting Plan Agreement, but may make recommendations to the Parties and, if necessary, to the Court.
C. Summary of Child Support Terms (Cross-Referencing Attachment 2)
The Parties have agreed to the following child support terms, which are set forth in greater detail in the Child Support Agreement (Attachment 2):
1. Incomes Used for Guideline Calculation. For purposes of calculating guideline child support, the Parties have utilized the following income figures:
(a) Petitioner's Gross Monthly Income: $72,500 per month, based on Petitioner's annual compensation of approximately $870,000. Petitioner's annual compensation consists of a base salary of $485,000, an average annual performance bonus of $210,000, and annual restricted stock unit ("RSU") vesting with an estimated value of $175,000. Petitioner is employed as Senior Vice President, Original Content Development, at Luminos Entertainment Group, Inc., with principal offices in Culver City, California.
(b) Respondent's Imputed Gross Monthly Income: $28,333 per month, based on a three-year average annual income of $340,000 earned through Respondent's loan-out entity, Medrano Visuals, LLC. This income figure was determined through a forensic income analysis conducted by Harold K. Yamamoto, CPA/ABV/CFF, of Yamamoto Brace & Liu, LLP, which analysis was reviewed and accepted by both Parties as an accurate representation of Respondent's earning capacity for child support calculation purposes. Respondent's income derives from his work as a director of photography and visual effects consultant in the motion picture and television industries.
(c) Combined Gross Monthly Income: $100,833 per month.
2. Guideline Amount. A DissoMaster calculation for two (2) minor children at a timeshare of approximately 63.6% to Petitioner / 36.4% to Respondent, using the income figures set forth above, yields a guideline child support amount of $1,274 per month payable by Petitioner to Respondent.
3. Agreed Deviation from Guideline. The Parties stipulate and agree that child support shall be set at $1,100 per month, payable by Petitioner to Respondent. This amount represents a deviation of $174 per month below the guideline amount calculated above. This deviation is agreed to pursuant to California Family Code Section 4057(b) and is justified by the following special circumstances:
(a) Respondent has agreed to assume a disproportionately higher share of the children's extracurricular and enrichment activity costs, as described in Paragraph C.5 below. The increased financial burden on Respondent for extracurricular expenses offsets the below-guideline support amount.
(b) The overall financial arrangement between the Parties, when considered in its totality — including the allocation of tuition, extracurricular costs, healthcare expenses, and the base support amount — adequately meets the needs of the children and provides for an appropriate standard of living in both households.
(c) The Parties represent and declare, pursuant to California Family Code Section 4065, that they are fully informed of their rights under the guideline, that the agreed deviation is in the best interests of the children, that the needs of the children are adequately met by the agreed amount when considered in conjunction with all other financial provisions of this Stipulation and the incorporated agreements, and that the application of the guideline amount would be unjust or inappropriate in this particular case given the totality of the financial arrangements.
4. Education Costs — Ridgeview Academy Tuition. The Parties have agreed to share the cost of private school tuition at Ridgeview Academy as follows:
(a) Isabela Luz Fonseca-Medrano: Annual tuition of $32,400. Petitioner shall pay seventy percent (70%) of the annual tuition, equaling $22,680. Respondent shall pay thirty percent (30%) of the annual tuition, equaling $9,720.
(b) Mateo Elías Fonseca-Medrano: Annual tuition of $26,800. Petitioner shall pay seventy percent (70%) of the annual tuition, equaling $18,760. Respondent shall pay thirty percent (30%) of the annual tuition, equaling $8,040.
(c) Total Annual Tuition: $59,200. Petitioner's total annual share: $41,440. Respondent's total annual share: $17,760.
(d) Tuition payments shall be made directly to Ridgeview Academy in accordance with the school's billing schedule. If tuition increases in future academic years, the 70%/30% allocation shall continue to apply unless modified by further agreement of the Parties or court order.
5. Extracurricular and Enrichment Activities. The Parties shall share the costs of extracurricular and enrichment activities for the children (including but not limited to sports, music lessons, art programs, tutoring, and similar activities) as follows: Respondent shall pay sixty percent (60%) and Petitioner shall pay forty percent (40%) of the costs of such activities, for activities costing up to $1,500 per child per quarter. Any extracurricular or enrichment activity with a cost exceeding $1,500 per child per quarter shall require the prior mutual written consent of both Parties before enrollment. The Parties acknowledge that this allocation of extracurricular costs, in which Respondent bears a disproportionately higher share relative to income, is a material component of the agreed deviation from guideline child support.
6. Healthcare. The minor children shall remain enrolled on Petitioner's employer-sponsored health insurance plan, currently the Luminos Entertainment Group plan administered through Veridian Health Insurance Company. Petitioner shall be responsible for maintaining the children's coverage under this plan and shall promptly notify Respondent of any changes to coverage. Unreimbursed medical, dental, orthodontic, and mental health expenses for the children shall be shared seventy percent (70%) by Petitioner and thirty percent (30%) by Respondent. Each Party shall submit documentation of unreimbursed healthcare expenses to the other Party within thirty (30) days of incurring such expense, and the reimbursing Party shall make payment within thirty (30) days of receipt of such documentation.
7. Annual Adjustment and Review. The child support amount shall be subject to review upon either of the following triggering events: (a) the anniversary date of the entry of this order; or (b) a material change in circumstances. For purposes of this provision, a "material change in circumstances" is defined as a change in either Party's gross income exceeding fifteen percent (15%), or a change in the custodial timeshare exceeding ten percent (10%). Either Party may initiate a review by providing written notice to the other Party. If the Parties are unable to agree on a modified support amount, either Party may bring a noticed motion before this Court pursuant to California Family Code Sections 3651 and 4057.
D. Confidentiality and Non-Disparagement
1. Non-Disparagement. Neither Party shall make disparaging, derogatory, or demeaning statements about the other Party in the presence of or within the hearing of the minor children, or to the minor children directly, whether in person, by telephone, electronic communication, or any other medium. Neither Party shall make disparaging public statements about the other Party regarding this proceeding, the custody arrangement, or any personal matters related to the dissolution of the Parties' domestic partnership. The Parties acknowledge that this obligation is continuing in nature and is intended to promote the emotional well-being and psychological health of the minor children.
2. Confidentiality. Neither Party shall disclose the financial terms of this Stipulation, the Child Support Agreement, or any related financial agreements to any third party, except to the Party's legal counsel, tax advisors, financial planners, or accountants who have a need to know such information for the purpose of providing professional services, or as required by court order, subpoena, or applicable law. Neither Party shall disclose the contents, findings, or recommendations of the custody evaluation report prepared by Dr. Elena V. Sorensen, Psy.D., to any third party, except as set forth in the preceding sentence.
3. Sealed Court File. The Court file in this matter shall remain sealed pursuant to the Stipulation and Order to Seal Court File previously filed on July 14, 2023, under California Rules of Court, Rule 2.550 et seq. The sealing of the court file is based upon the demonstrated status of both Parties as public-facing professionals in the entertainment industry and the paramount privacy interests of the minor children. Any person seeking access to the sealed file shall be required to comply with the procedures set forth in California Rules of Court, Rule 2.551.
E. Continued Jurisdiction
1. This Court shall retain continuing, exclusive jurisdiction to enforce, modify, or interpret the terms of this Stipulation and the incorporated agreements — including the Parenting Plan Agreement (Attachment 1) and the Child Support Agreement (Attachment 2) — in accordance with the California Family Code and all other applicable provisions of California law.
2. Any future modifications to the custody, parenting plan, or child support terms established herein shall be brought by noticed motion filed in Case No. 22STFL09847, in the Superior Court of California, County of Los Angeles, in accordance with the applicable provisions of the California Family Code and the California Rules of Court.
3. The Parties acknowledge and agree that nothing in this Stipulation or the incorporated agreements shall be construed to divest this Court of jurisdiction over any matter affecting the welfare, custody, or support of the minor children, or to limit the Court's inherent authority to act in the best interests of the children.
III. REQUEST TO THE COURT
The Parties, Marguerite Delphine Fonseca and Rafael Joaquín Medrano, jointly and respectfully request that this Court enter judgment consistent with the terms set forth in this Stipulation, incorporating the Stipulated Custody & Parenting Plan Agreement dated January 31, 2024 (Attachment 1, including Exhibits A and B thereto), and the Child Support Agreement dated January 31, 2024 (Attachment 2), as orders of this Court, with the full force and effect of a court order.
The Parties represent to this Court that the terms of this Stipulation and the incorporated agreements are in the best interests of the minor children, Isabela Luz Fonseca-Medrano and Mateo Elías Fonseca-Medrano, considering the totality of the circumstances, the factors set forth in California Family Code Section 3011, the findings and recommendations of the custody evaluation, and the needs, welfare, and developmental interests of each child.
The Parties further represent that Minor's Counsel, Tessa L. Brannigan, Esq. (CA State Bar No. 267894), has been consulted regarding the terms of this Stipulation and the incorporated agreements, has reviewed the same, and has indicated that she does not object to the entry of judgment on these terms.
IV. DECLARATIONS REGARDING SERVICE AND CONSENT
Each of the undersigned Parties hereby declares, under penalty of perjury under the laws of the State of California, as follows:
1. I have read this Stipulation for Judgment Re Custody, Parenting Plan, and Child Support, including the attached Stipulated Custody & Parenting Plan Agreement (Attachment 1, including Exhibits A and B) and the Child Support Agreement (Attachment 2), in their entirety. I understand the terms and provisions set forth therein.
2. I have had the opportunity to consult with and have been advised by my own independent legal counsel regarding all terms and provisions of this Stipulation and the incorporated agreements, including my rights under the California Family Code with respect to custody, visitation, and child support.
3. I enter into this Stipulation freely and voluntarily, without coercion, duress, fraud, or undue influence of any kind. No promises or representations have been made to me other than those contained within the four corners of this Stipulation and the incorporated agreements.
4. I understand and agree to be bound by all terms set forth in this Stipulation and in the incorporated agreements upon entry of judgment by the Court.
5. I acknowledge that the agreed child support amount of $1,100 per month payable by Petitioner to Respondent represents a deviation of $174 per month below the guideline child support amount of $1,274 per month as calculated by the DissoMaster program. I understand that I have the right to receive (or, as applicable, to pay) the guideline amount and that I am voluntarily agreeing to the below-guideline amount. I declare, pursuant to California Family Code Section 4065, that I am fully informed of my rights under the guideline, that the agreed amount is in the best interests of the minor children, and that the needs of the children will be adequately met by the agreed amount when considered in conjunction with all other financial provisions of this Stipulation and the incorporated agreements, including the allocation of tuition, extracurricular costs, and healthcare expenses between the Parties.
V. SIGNATURES
IN WITNESS WHEREOF, the Parties, their respective counsel, and Minor's Counsel have executed this Stipulation as of the dates set forth below.
A. Petitioner.
MARGUERITE DELPHINE FONSECA, Petitioner
________________________________________
Marguerite Delphine Fonseca
Date: January 31, 2024
B. Respondent.
RAFAEL JOAQUÍN MEDRANO, Respondent
________________________________________
Rafael Joaquín Medrano
Date: January 31, 2024
C. Counsel for Petitioner
CALDERWOOD & HARKNESS LLP Attorneys for Petitioner Marguerite Delphine Fonseca
By: ________
Priya Anand (CA State Bar No. 245610)
Date: January 31, 2024
By: ________
Devon Archer (CA State Bar No. 309221)
Date: January 31, 2024
D. Counsel for Respondent
KWAN, DELACROIX & SAMUELS LLP Attorneys for Respondent Rafael Joaquín Medrano
By: ________
Gwendolyn R. Kwan (CA State Bar No. 218453)
Date: January 31, 2024
By: ________
Benjamin T. Okafor (CA State Bar No. 312776)
Date: January 31, 2024
E. Approval of Minor's Counsel
Minor's Counsel has reviewed this Stipulation for Judgment Re Custody, Parenting Plan, and Child Support, including the Stipulated Custody & Parenting Plan Agreement (Attachment 1, including Exhibits A and B) and the Child Support Agreement (Attachment 2). Minor's Counsel does not object to the entry of judgment on the terms set forth herein. Minor's Counsel believes, based upon her review of the custody evaluation, her independent investigation, and her consultations with the Parties and their respective counsel, that the terms of this Stipulation are consistent with the best interests of the minor children, Isabela Luz Fonseca-Medrano and Mateo Elías Fonseca-Medrano.
________________________________________
Tessa L. Brannigan, Esq. (CA State Bar No. 267894) Minor's Counsel 6320 Canoga Avenue, Suite 1500 Woodland Hills, California 91367
Date: January 31, 2024
VI. ORDER
ORDER
The Court, having reviewed the foregoing Stipulation for Judgment Re Custody, Parenting Plan, and Child Support, the attached Stipulated Custody & Parenting Plan Agreement (Attachment 1, including Exhibits A and B thereto), the Child Support Agreement (Attachment 2), the declarations of the Parties, the position of Minor's Counsel Tessa L. Brannigan, Esq., and the entire file in this matter, including the custody evaluation report of Dr. Elena V. Sorensen, Psy.D. (CA License No. PSY 24891), dated October 6, 2023, and being fully advised in the premises, hereby finds and orders as follows:
FINDINGS:
1. Good cause exists for entry of this order based upon the Parties' freely negotiated stipulation, the consultation with and approval of Minor's Counsel, and the Court's independent review of the custody evaluation and the file.
2. The terms of the Stipulation and the incorporated agreements — specifically the Stipulated Custody & Parenting Plan Agreement (Attachment 1, including Exhibits A and B) and the Child Support Agreement (Attachment 2) — are in the best interests of the minor children, ISABELA LUZ FONSECA-MEDRANO (date of birth February 11, 2017) and MATEO ELÍAS FONSECA-MEDRANO (date of birth August 29, 2019), considering the totality of the circumstances, the factors set forth in California Family Code Section 3011, and the findings and recommendations contained in the custody evaluation report.
3. The agreed child support amount of $1,100 per month payable by Petitioner to Respondent, while below the guideline amount of $1,274 per month as calculated by the DissoMaster program, is justified under California Family Code Section 4057(b) based upon the Parties' agreement regarding the allocation of extracurricular and enrichment activity costs, in which Respondent has agreed to bear sixty percent (60%) of such costs. The Court finds that the deviation is not unjust or inappropriate under the circumstances and that the needs of the minor children are adequately met by the agreed support amount when considered in conjunction with all other financial provisions of the Stipulation and the incorporated agreements, including the allocation of tuition, extracurricular costs, and healthcare expenses. The Court further finds, pursuant to California Family Code Section 4065, that the Parties have been fully informed of their rights under the guideline, that the agreed amount is knowingly and voluntarily accepted, and that the agreed amount is sufficient to meet the needs of the children.
ORDERS:
IT IS HEREBY ORDERED that judgment is entered on the terms of the Stipulation for Judgment Re Custody, Parenting Plan, and Child Support filed herein on January 31, 2024.
IT IS FURTHER ORDERED that the Stipulated Custody & Parenting Plan Agreement dated January 31, 2024 (Attachment 1, including Exhibit A — Holiday & Vacation Schedule and Exhibit B — Right of First Refusal & Travel Notice Protocol), and the Child Support Agreement dated January 31, 2024 (Attachment 2), are hereby incorporated into this Order and made orders of this Court. The terms of said agreements shall have the full force and effect of court orders and shall be enforceable by contempt proceedings and all other remedies available under law.
IT IS FURTHER ORDERED that the Parties shall comply with all terms set forth in this Stipulation, the Parenting Plan Agreement (Attachment 1), and the Child Support Agreement (Attachment 2), including all exhibits incorporated therein, and that any violation of the terms of these orders may subject the violating Party to sanctions, contempt, or such other relief as the Court deems just and appropriate.
IT IS FURTHER ORDERED that Dr. Marcus W. Ingalls, LMFT (CA License No. LMFT 89412), of Ingalls & Cuevas Family Counseling, located at 10880 Wilshire Boulevard, Suite 630, Los Angeles, California 90024, is hereby appointed as Parenting Plan Coordinator to assist the Parties with the implementation of the Parenting Plan Agreement and the resolution of day-to-day disputes arising under the parenting plan, in accordance with the terms and conditions set forth in the Parenting Plan Agreement.
IT IS FURTHER ORDERED that the Court file in this matter shall remain sealed pursuant to the prior Stipulation and Order to Seal Court File entered by this Court on July 14, 2023, under California Rules of Court, Rule 2.550 et seq. Access to the sealed file shall be governed by the terms of that prior order and the applicable provisions of the California Rules of Court.
IT IS FURTHER ORDERED that this Court retains continuing, exclusive jurisdiction over all matters relating to the custody, visitation, parenting plan, and child support of the minor children, ISABELA LUZ FONSECA-MEDRANO and MATEO ELÍAS FONSECA-MEDRANO, in this action, Case No. 22STFL09847, including jurisdiction to enforce, modify, or interpret the orders set forth herein.
________________________________________
JUDGE OF THE SUPERIOR COURT
Date: February 9, 2024
Department: ____
VII. ATTACHMENTS
The following documents are attached hereto and incorporated into this Stipulation and the Court's Order as described herein:
Attachment 1: Stipulated Custody & Parenting Plan Agreement (Execution Version), dated January 31, 2024, including:
Exhibit A: Holiday & Vacation Schedule
Exhibit B: Right of First Refusal & Travel Notice Protocol
Attachment 2: Child Support Agreement, dated January 31, 2024
[Attachments 1 and 2 are separate documents and follow immediately after the Proof of Service.]
VIII. PROOF OF SERVICE
PROOF OF SERVICE
I, the undersigned, declare as follows:
I am over the age of eighteen (18) years and am not a party to this action. I am employed in the County of Los Angeles, State of California. My business address is Calderwood & Harkness LLP, 777 South Flower Street, Suite 3400, Los Angeles, California 90017.
On January 31, 2024, I served the foregoing document described as STIPULATION FOR JUDGMENT RE CUSTODY, PARENTING PLAN, AND CHILD SUPPORT (including Attachment 1 — Stipulated Custody & Parenting Plan Agreement with Exhibits A and B, and Attachment 2 — Child Support Agreement) on all parties and counsel of record in this action by the following means:
BY ELECTRONIC SERVICE: Pursuant to California Rules of Court, Rule 2.251, I caused a true and correct copy of the foregoing document and all attachments to be transmitted via electronic service to the following persons at the electronic service addresses listed below:
Gwendolyn R. Kwan, Esq. Kwan, Delacroix & Samuels LLP 4400 Riverside Drive, Suite 700 Burbank, California 91505
Email: gkwan@kwandelacroix.com
Attorneys for Respondent Rafael Joaquín Medrano
Benjamin T. Okafor, Esq. Kwan, Delacroix & Samuels LLP 4400 Riverside Drive, Suite 700 Burbank, California 91505
Email: bokafor@kwandelacroix.com
Attorneys for Respondent Rafael Joaquín Medrano
Tessa L. Brannigan, Esq. 6320 Canoga Avenue, Suite 1500 Woodland Hills, California 91367
Email: tbrannigan@branniganlaw.com
Minor's Counsel
BY UNITED STATES MAIL: I also caused a true and correct copy of the foregoing document and all attachments to be placed in a sealed envelope with postage thereon fully prepaid, and deposited in the United States mail at Los Angeles, California, addressed to the persons listed above at the street addresses set forth above.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Executed on January 31, 2024, at Los Angeles, California.
________________________________________
Alicia R. Dominguez Litigation Support Coordinator Calderwood & Harkness LLP
| MARGUERITE DELPHINE FONSECA, | Case No. 22STFL09847 |
| Petitioner, | STIPULATION FOR JUDGMENT RE |
CUSTODY, PARENTING PLAN,
| v. | AND CHILD SUPPORT |
| RAFAEL JOAQUÍN MEDRANO, | Filed: January 31, 2024 |
Hearing Date: For Court's Calendaring
Respondent.
[Filed Under Seal Pursuant to
Cal. Rules of Court, Rule 2.550 et seq.]