United States of America v. 475 MARTIN LANE, BEVERLY HILLS, CALIFORNIA, Real Property Located at

This disposition is not appropriate for publication and is not precedent*
except as provided by 9th Cir. R. 36-3.
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
and
CHRISTOPHER KIM, AKA Chris Kim,
AKA KJ Kim, AKA Kyung Joon Kim; et
al.,
Claimant - Appellee,
ERIC HONIG; et al.,
Intervenor - Appellees,
v.
475 MARTIN LANE, BEVERLY HILLS,
CALIFORNIA, Real Property Located at,
Defendant,
OPTIONAL CAPITAL, INC., AKA
Optional Ventures,
Claimant - Appellant.
No. 12-55417
D.C. No. 2:04-cv-02788-ABC-
PLA
MEMORANDUM*
FILED
NOV 27 2012
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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The Honorable Irma E. Gonzalez, District Judge for the U.S. District**
Court for Southern California, sitting by designation.
Appeal from the United States District Court
for the Central District of California
Audrey B. Collins, District Judge, Presiding
Argued and Submitted November 5, 2012
Pasadena, California
Before: D.W. NELSON and O’SCANNLAIN, Circuit Judges, and GONZALEZ,
District Judge.**
Optional Capital, Inc. (“Optional”) contends that the district court abused its
discretion in issuing a preliminary injunction preventing it from levying on the
properties involved in this case. We disagree. The district court rightly found that
there were serious questions going to the merits and that the balance of hardships
tilted strongly against Optional. Alliance for the Wild Rockies v. Cottrell, 632 F.3d
1127, 1131 (9th Cir. 2011).
This court does not have jurisdiction at this time to review the district court’s
interlocutory order on lien priorities because it is not “inextricably intertwined”
with the preliminary injunction. Hendricks v. Bank of Am., N.A., 408 F.3d 1127,
1134 (9th Cir. 2005).
Appellee’s motions to strike are denied as moot.
AFFIRMED.

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