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The district attorney is in the midst of a the criminal investigation into the balcony collapse that also injured seven others.
Pleasanton-based Segue Construction, the company that built the Library Gardens apartment complex on Kittredge, filed the paperwork seeking a restraining order against prosecutors on Tuesday.
The company doesn't want any evidence inspected or tested without its representatives present.
"They just don't have entitlement to this," said UC Hastings law professor David Levine.
He called the contractor's request for an injunction against the Alameda County District Attorney's Office highly unusual.
"I've never seen one before. Never," Levine said.
Segue Construction blasted investigators for their handling of evidence from the June 16 tragedy, which included removal of the balcony that collapsed as well as the balcony from the unit below.
Company officials say they were not allowed to inspect the debris.
In a statement, the company said it's seeking the restraining order "to ensure no evidence related to this tragic accident is altered, inspected, tested, or destroyed without allowing Segue to observe and participate in that process."
Levine doubts the request will be granted.
"Some sort of order making sure that there is no desctruction is the most likely thing they will get out of this," he said. "This broad brush request for access, broad brush request that they be present when testing take place, it's just not going to happen."
A spokeswoman for the Alameda County District Attorney's Office told KTVU they would not comment on the matter.
A hearing on the issue is set asdfor Wednesday.