Legal Question in Real Estate Law in California

My residence was built 30+ years ago. Records appear to indicate that the County signed off on the original construction which includes a 3' retaining wall, positioned solely on my side of the property, no shared line.

The residence above was built 4 years after ours. No gutters or water run off management in place. The driveway above is cracking and leaning downward towards our residence.

The above owner is indicating our retaining wall is not providing adequate lateral support for his driveway, causing the damage. The above house is subject to periodic first floor water intrusion as well.

Complex issue which we have approached as a 'mutual' responsibility but the owner above rejects completely.

Any suggestions?

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