Just because your neighbor has a survey doesn't mean it's right. Get your own survey. Until you know for sure, you don't know what your really fighting about.
The Court of Appeal has upheld a trial court's power to order a neighbor to stop violating a law, a property right, or CC&Rs, while the lawsuit is still pending. The purpose of a preliminary injunction is to preserve the status quo and not allow the problem to get worse while the parties are waiting for the trial date and a judgment. What if the defendant has already unilaterally changed the prior status quo in a way that is causing harm to the plaintiff? Should the court let the defendant continue that violation and continue harming the plaintiff, for a year or more until the court conducts a trial and enters a judgment? The law is not stupid.