Traci Blackmon-Bhagat, et al. v. Hasa, Inc., et al.

DEFENDANTS' PETITION TO COMPEL PLAINTIFF TRACI BLACKMON- BHAGAT TO ARBITRATE AND TO STAY ACTION PENDING ARBITRATION is CONTINUED to 9/28/26 at 10 AM because the memorandum of points and authorities was not timely served nor filed; see infra.

Background

This is an employment case regarding various plaintiffs. On January 20, 2026, Plaintiffs TRACI BLACKMON-BHAGAT; TAMRELLE COLLINS; PALOMAR; and CHERYL WILSON filed suit against Defendants HASA, INC., a California corporation; CHRIS BRINK; GARY BARANCIK; ALMA BUNCH for: 1. VIOLATION OF UNRUH ACT (CIVIL CODE Sec.51) 2. VIOLATION OF BANE ACT (CIVIL CODE Sec. 52.1) 3.

4. GENDER VIOLENCE (CIVIL CODESec. 52.4) SEXUAL HARASSMENT (CIVIL CODE Sec. 51.9) 5. SEXUAL ASSAULT 6. SEXUAL BATTERY (CIVIL CODE Sec.1708.5) 7. UNFAIR BUSINESS PRACTICES (BUSINESS & PROFESSIONS CODE Sec. 17200) 8. INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS 9. CONSTRUCTIVE FRAUD (CIVIL CODE Sec.1573) 10. NEGLIGENCE 11. NEGLIGENCE PER SE - CONDUCT IN VIOLATION OF MANDATED REPORTING LAWS 12. NEGLIGENT HIRING, TRAINING, SUPERVISION, AND RETENTION; 13. NEGLIGENT FAILURE TO WARN, TRAIN OR EDUCATE 14. ASSAULT 15. BATTERY 16. PREMISES LIABILITY 17. INTENTIONAL MISREPRESENTATION 18. VICARIOUS LIABILITY

On June 4, 2026, the instant petition/motion was filed. On June 25, 2026, an opposition was filed. On August 4, 2026, a memorandum of points and authorities was filed. On August 19, 2026, a reply was filed.

Discussion

The court will not reach the merits at this time because the memorandum of points and authorities was not timely served upon Plaintiff. While a petition was filed on June 4, 2026 which provided the summary of arguments and the supporting documents, the analysis is set forth in the 8/4 filing, which is after the filing of the opposition. (Pursuant to CCP section 1005(b), motions must be filed and served at least 16 court days before the hearing.)

Accordingly, to ensure that Plaintiff has a fair opportunity to respond to Defendant's points and authorities, the court continues the hearing to allow for the filing of a supplemental opposition and reply, should the parties elect to do so. [1]

That said, the court is uncertain what this court is to compel as the moving papers (including the reply) reference an already pending arbitration before AAA, Case No. 01-26-0003-3029. To the extent that Defendant is asking this court to enforce a delegation provision, that does not appear to be the crux of the motion. As the court is continuing the hearing for additional briefing, the parties may use that opportunity to address this point.

The court will continue the hearing on this motion to compel arbitration re: Plaintiff Blackmon-Bhagat to 9/28/26 at 10 AM. The parties are to coordinate amongst themselves for a briefing schedule which must be memorialized in writing. The final supplemental brief must be filed at least five court days before the 9/28/26 hearing date.

The court will be continuing all other motions to a date after 9/28/26 (to be determined at the 9/28/26 hearing). Notwithstanding, the due dates for the filings will remain due with respect to the original hearing dates.

Conclusion

Based upon the foregoing, the hearing is continued to 9/28/26 at 10 AM; the parties are to coordinate amongst themselves for a briefing scheduled that must be agreed upon by the parties and memorialized in writing. [1] Plus, it is in this 8/4 filing that Defendant raises the argument of section 402. (See 8/4 Filing p. 8 ["Defendants anticipate that Plaintiff will argue that this case cannot be compelled to arbitration under the FAA, allegedly because section 402 of the federal law precludes forced arbitration of sexual assault and sexual harassment claims in cases under the FAA."].) | Home -->)" -->