The easement is at the very least implied by law. Consider the case where person A owns property that has no access except by crossing person B's property. There is an easement granting person A the right to cross B's property whether B agrees or not and whether or not it's recorded in the public records, etc. This is similar, although I suspect he'll try to argue alternative access exists or some other nonsense.
As I recall, he has also argued that there was some sort of treaty that pre-dated the California Constitution. None of it makes sense, he's just decided this is a fight he wants to fight.