Legal Question in Real Estate Law in California

Re: Tree Question

Can he sue you? Certainly! Will he win? That's another matter entirely.

Your question says the neighbor is 'trying' to sue you. What do you mean exactly? Have you been served with a summons and complaint, or is it only a threat to sue at this point?

First, if you are ever served with a summons and complaint, see a lawyer immediately. No matter how good your case is or what defenses you may have, failure to file a timely answer in the proper form can result in a default judgment being entered against you.

Now, as to your situation. I do not know of a case directly on point. However, California courts have held that in the absence of a local ordinance a landowner owes no legal duty to his neighbor to prevent seeds from vegetation naturally growing on his land from maturing and being blown by the wind onto the adjoining land, or carried by flowing water, etc. Your situation is not completely identical because the tree was (apparently) planted (by a previous owner) rather than being natural. Nevertheless, I think if you were sued you would have a better than 50% chance of winning. Further, if you lost, the chance of the court awarding $10,000 damage seems pretty remote unless this is some magnificent estate with very expensive landscaping.