DOUGLAS N. AKAY ET AL VS. GRACIE W. WONG

Set for Law and Motion/Discovery Calendar on Wednesday, February 18, 2026, Line 1. Petitioner's Motion for Judgment on the Petition for Confirmation is DENIED.

On its own motion, the court takes judicial notice of the docket in Wong v. Berry, CSM-25-870808. Petitioner, an attorney and his firm, seeks to confirm a non-binding arbitration award issued on November 25, 2025, under the Mandatory Fee Arbitration Act. Notably, an MFAA non-binding award becomes binding by operation of law 30 days after the mailing of the notice of award, unless a party has within that time filed a request for a de novo trial after arbitration with an appropriate court. (Business & Professions Code sections 6203, subd. (b), 6204, subds. (b), (c).)

More specifically, under Business and Professions Code section 6203(b), "the arbitration award shall become binding upon the passage of 30 days after service of notice of the award, unless a party has, within the 30 days, sought a trial after arbitration pursuant to Section 6204." Section 6204(c) states: "If no action is pending, the trial after arbitration shall be initiated by the commencement of an action in the court having jurisdiction over the amount of money in controversy within 30 days after service of notice of the award."

Here, Respondent Grace Waikman Wong commenced an action in this court over an amount of money in controversy in the MFAA arbitration. (See Wong v. Berry, CSM-25-870808.) Wong commenced her action on November 26, 2025, the day after the arbitrator issue his award in the MFAA arbitration. In her complaint, Wong clearly seeks to disavow the MFAA non-binding award. Any doubt is resolved by reference to her filing of her Rejection of Award and Request for Trial After Attorney-Client Fee Arbitration, also filed on November 26, 2025. Petitioner is clearly aware of Wong's action and the filings, as evidenced by his January 2, 2026, Request to Postpone Small Claims Hearing, as well as his Notice of Related Case, filed the same day.

Given that Respondent Wong has filed a proper request for a de novo trial after arbitration, the MFAA non-binding award shall remain non-binding, and Wong's action shall proceed. The petition to confirm the non-binding award, thus, must be denied.

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