AWI Builders, Inc. v. ThyssenKrupp Elevator Corporation

I. Background

On May 15, 2019, Plaintiff filed a complaint in Los Angeles Superior Court against Defendant for breach of contract and enforcement of license bond. Complaint, Dkt. # 1-5 (“Compl.”). Plaintiff, a contractor, alleges that Defendant failed to comply with the subcontract that the parties entered for Defendant’s elevator installation and related work at the Huntington Orthopedics Institute, LLC at 39 Congress Street in Pasadena. Id. ¶¶ 6–11. On August 29, 2019, Plaintiff filed an ex parte application for a permanent injunction ordering Defendant to release and render operational elevator number 4 at the Huntington Specialty Surgery construction project. App. 1:27–2:3. Plaintiff states that Defendant “locked down elevator number 4, which it refuses to release unless all of its payment demands are met in full,” and that Defendant’s decision “creates a significant threat to the health and safety of patients under anesthesia.” Id. 3:3–12; Dkt # 8-1, Ex. D. Plaintiff states that “TKE locked the elevator after the elevator inspector allowed the operation of the surgery center based on having an appropriate number of operational elevators,” and that Defendant refused…