Legal Question in Real Estate Law in California

Re: shared fence

Shouldn't your question at this time be "What are my chances of winning in Small Claims?"

The duty of a neighbor to participate in the cost to build or repair a boundary fence is set forth in Civil Code section 841. The neighbor doesn't have to participate in the cost of construction or maintenance unless he encloses his property fully. If the neighbor chooses to leave his property unfenced on one side or another, even for a short distance, he is off the hook for participation in boundary fence costs.

This the statewide law. It may be varied in your community by ordinance or by private CC&Rs.

Therefore, unless this neighbor has his property entirely enclosed by fences or their equivalent (outbuildings, hedges, etc.) you very likely will lose.

If it comes to a matter of enforcing a judgment, a judgment creditor does have a variety of tools to use, but it is not up to the court to take any initiative to help the lawsuit winner enforce his judgment.