In the hills of Hayward, California, above the Hayward campus of Cal State East Bay, Gentle Neighbor and Tough Neighbor are adjoining landowners. Gentle Neighbor and Tough Neighbor have not experienced any disputes for the eight years where they have lived next to each other.

In the winter of 2016, Gentle Neighbor received a soil report from a geotechnical engineer warning that unless he constructs a retaining wall between his property and the property ofMean Neighbor without delay, and there is a significant possibility that a nearbyhillside could slide into his property during a violent rainstorm. Beforeconstructing the retaining wall, Gentle Neighbor does not consult with ToughNeighbor, reasoning that Tough Neighbor prefers "to keep to himself."Gentle Neighbor retains the services of a surveyor who prepares an erroneoussurvey of the boundary line between the two properties. As a result of thewrong survey, Gentle Neighbor constructs a twenty-five-foot-long retaining wallwhich encroaches appr proximately three feet onto the property of ToughNeighborthe construction of the retaining costs approximately$150,000.Tough Neighbor is angry when he learns of the encroachment of the retaining wall onto his property. Tough Neighbor claims that the encroachment prevents him from driving his beloved Recreational Vehicle up the driveway to his property. Tough Neighbor is, however, able to drive his other car (a Toyota Camry) up to his driveway.Tough Neighbor demands the removal of the retaining wall. Gentle Neighbor refuses because removing the retaining wall would require him to spend approximately another $100,000, which he cannot afford. Gentle Neighbor offers to pay for Tough Neighbor's RVstorage at a nearby trailer park at his own expense. Tough Neighbor is, however,adamant that the retaining wall must be removed.Tough Neighbor files suit against Gentle Neighbor and seek an injunction that requires removing the portion of the retaining wall that encroaches onto this property.

Would you please draft an interoffice memo supporting Gentle Neighbor's prospects for winning the case?