Legal Question in Real Estate Law in California

Re: Neighbor tree shedding on flat roof creating maintenace problems.

I'm going to assume the tree (trunk) is entirely on the neighbor's property. That makes the shed needles his problem.

The shed needles are at least a trespass to your property, and may also be a private nuisance. If any branches are overhanging your property, they too are a trespass.

Unless these are major problems for you, it's probably not worth the time and expense to sue in Superior Court for the more complete relief you could obtain there. I would recommend, I think, figuring out how to get the maximum amount and type of relief in small-claims court. Generally small-claims cannot enjoin future trespass or nuisance, but they can award damages for past costs of clean-up, and once you establish the principle that what's happening is an actionable trespass, the neighbor may handle the problem voluntarily.

So, (1) take photos and gather evidence such as past demand letters; (2) make a final demand in writing; (3) pay a contractor to do a proper roof cleaning for you; then (4) sue in small-claims to recover your costs.

Before doing any of this, get a paperback small-claims advice book and read it carefully, especially the parts that deal with types of relief (judgments, injunctions, etc.) that small claims can and cannot give, including the "conditional judgment" which might be helpful in your situation.

Also, all counties have a small-claims advisor as part of their court system. Seek his/her advice.