881 F. 2d 1084 - Post v. C Clapp
881 F2d 1084 Post v. C Clapp
881 F.2d 1084
Unpublished Disposition
NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.
Monte L. POST, Plaintiff-Appellant,
v.
Dan C. CLAPP, et al., Defendants-Appellees.
No. 86-2725.
United States Court of Appeals, Ninth Circuit.
Submitted* June 28, 1989.
Decided Aug. 3, 1989.
Before JAMES R. BROWNING, PREGERSON and DAVID R. THOMPSON, Circuit Judges.
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MEMORANDUM**
The district court properly denied appellant's motion for a temporary restraining order and preliminary injunction against the execution of the adverse California state court judgments. The district court lacked jurisdiction to order an injunction against two of the appellees (the Superior Court of the State of California and Lee Kannon Alpert), since they were never parties to the action. See ESP Fidelity Corp. v. Department of Housing and Urban Development, 512 F.2d 887, 890 (9th Cir.1975). Denial of injunctive relief was proper as to the remaining appellees because appellant cannot show he will suffer irreparable harm if the injunction does not issue. Oakland Tribune, Inc. v. The Chronicle Publishing Co. Inc., 762 F.2d 1374, 1376 (1985). Any harm Post would suffer from improper execution of the judgments against him would be monetary harm fully compensable in damages. Id.
AFFIRMED.