Legal Question in Real Estate Law in California

Gutters that are subject to leaf fall can be protected by special screens that,once in place, will keep the leaves out without having too much impact on the ability of rain water to run in.

You can sue in small claims, for sure, so long as you're not asking for more than $7,500. The results of suing, however, are less certain......the judge may award you only a part of the cost to replace the gutters, on the theory that a certain portion of the need to replace was due to natural ageing. Or, if your presentation of proof is inadequate, the judge might decide against you entirely.

Basically, tree parts and tree debris (limbs, roots, leaves, seed pods, etc.) that cross from a neighbor's property are considered trespasses and/or private nuisances, and a small-claims case should allege one or the other, or both. I'd suggest getting one of the several paperback books on "how to win your case in California small claims court" such as the one from Nolo Press and read it thoroughly before filing a suit.

Also, I think that lawsuits between neighbors are pretty unfortunate, and that if you have (or try to have) a pleasant negotiation before filing suit, this might help.....explain that the leaves are considered a private nuisance and that you have a right to be free from airborne invasions of her leaves.

Actually, it sounds kind of nice that there is a giant oak tree next to your property; maybe you should enjoy it and be a little more tolerant of the deluge of leaves.

They sell plastic gutter cleaners at Home Depot for much less hassle and expense than a lawsuit.