Legal Question in Real Estate Law in California

Re: Fallen tree branch damaged my car

First, owners of trees are usually liable for their failure to maintain them in a safe condition; it's a species of negligence. The major exception is in wild or rural areas, but for sure that wouldn't apply. You would need to establish negligence rather than unavoidable accident (e.g. hidden defect or unusual storm), and if the amount of damage warranted, you should probably get an arborist to inspect the tree and testify for you....but if the cost is disproportionate to the value of your claim, just explain the situation yourself. This is not quite a case of "res ipsa loquitor" where the fact of the incident speaks for itself as to negligence. In a small claims case (limit is now $7,500), the lack of expert testimony is more likely to be overlooked.

I suggest small claims court, after making a written demand for voluntary payment of your claim, if you haven't already done so. The neighbor may choose to refer the claim to his insurance company. As to filing a claim with your own insurance carrier, I'd say it depends upon your coverage, but discussing the possible referral to them with your agent is a good idea.

As to whether you can oblige the neighbor to take preventive measures, the answer is "probably," but it may not be worth while. As a tenant, you would have sufficient standing to file a suit to have the tree declared a private nuisance. However, this would be a superior court matter and slow and expensive. Less likely that you would have standing to sue for trespass, but that's a possibility if the limbs overhang property you lease, and I think a trespass claim for money damages could be heard in small claims. Most likely you would only get a nominal sum (in addition to the amount awarded on the negligence claim), but you'd have established the principle.