Chih Teh Shen v. Miller

*52 Opinion

Appellant Randall Miller (Miller) appeals from an order denying his motion to disqualify Attorney John R. Walton and his firm Law Offices of John R. Walton, RC. (collectively, Walton), in three related actions. Walton represents respondent Chih Teh Shen (Shen) in the related actions, all of which involve Miller and Amon Development Group, Inc. (Amon), a corporation owned by Miller and Shen as 50/50 shareholders. In his motions to disqualify Walton, Miller argued that Walton should be disqualified because, as Shen’s counsel, he is prosecuting claims on behalf of Amon in one action while simultaneously prosecuting claims against Amon in another matter. The trial court denied Miller’s motion to disqualify Walton on the ground that there was no basis to infer an attorney-client relationship between Walton and Amon. We affirm.

FACTUAL AND PROCEDURAL BACKGROUND

Amon is a commercial real estate development corporation formed in 2005. Miller and Shen are the only shareholders of Amon. They are also copresidents and directors of the company.

On July 6, 2009, Shen filed a complaint against Miller, captioned Shen v. Miller (Super. Ct. L.A. County, No. SC103845) (the…