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 of Mean Neighbor without delay, there is a significant possibility that a nearby hillside could slide into his property during a violent rainstorm. Before constructing the retaining wall, Gentle Neighbor does not consult with Tough Neighbor, reasoning that Tough Neighbor prefers "to keep to himself."Gentle Neighbor retains the services of a surveyor who prepares an erroneous survey of the boundary line between the two properties.As a result of the wrong study, Gentle Neighbor constructs a twenty-five-foot-long retaining wall that encroaches approximately three feet onto the property of Tough Neighborthe construction of the retaining costs roughly $150,000.

Brutal Neighbor is angry when he learns of the encroachment of the retaining wall onto his property. Brutal Neighbor claims that the encroachment prevents him from driving his beloved Recreational Vehicle up the driveway to his property. Brutal Neighbor is, however, able to move his other car (a Toyota Camry) up to his driveway.

Brutal 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.At his own expense, Gentle Neighbor offers to pay for the storage of Tough Neighbor's RV at a nearby trailer park. Brutal Neighbor is, however, insistent 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 brief using secondary sources analyzing Tough Neighbor's prospects for obtaining an injunction?

Also, please discuss at least two secondary sources and two cases discussed in each of these secondary sources regarding the issues presented in this assignment. Two of the secondary sources which may be used in this assignment are Witkin's Summary of California Law and Miller & Starr on California Real Estate.