San Diego Judge Denies City's Request to Dismiss Trash Fee Lawsuit

Homeowners' challenge to new trash collection fees will likely go to trial next month.

Apr. 9, 2026 at 8:06pm

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A photorealistic painting of a single trash can on a city sidewalk, with warm sunlight casting long shadows across the pavement, capturing a sense of urban solitude and civic tension.A legal battle over trash collection fees exposes tensions between local government and residents over the rising cost of public services.San Diego Today

A San Diego judge has denied the city's request to dismiss a lawsuit filed by local homeowners challenging new trash collection fees. The judge ruled that the plaintiffs have presented enough evidence to call into question the validity of the city's cost projections for the fees, which were implemented after the passage of Measure B that ended free trash pickup for single-family homes.

Why it matters

This ruling means the legal challenge to the trash fees is likely headed to trial, where the court will examine whether the fees violate Proposition 218's requirement that utility fees not exceed the actual cost of providing the service. The outcome could have significant financial implications for the city and residents.

The details

In her ruling, Judge Euketa Oliver cited potential issues with the city's cost projections, including annual increases in costs despite fewer households receiving trash services than originally estimated. The judge said these 'apparent inconsistencies' and 'unexplained deficiencies' in the city's analysis have created 'triable issues of material fact' over whether the fees exceed the actual cost of providing trash collection.

  • The lawsuit was filed by local homeowners following the passage of Measure B in 2025.
  • The judge issued her tentative ruling denying the city's request to dismiss the lawsuit on Wednesday, April 8, 2026.
  • The trial is tentatively scheduled to begin next month.

The players

Judge Euketa Oliver

The Superior Court judge who denied the city's request to dismiss the lawsuit challenging the new trash collection fees.

City of San Diego

The defendant in the lawsuit, which implemented new trash collection fees for single-family homes after the passage of Measure B.

Local Homeowners

The plaintiffs who filed the lawsuit alleging the new trash fees violate Proposition 218.

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What they’re saying

“The apparent inconsistency between declining service demand and increasing costs, coupled with unsupported assumptions and, at this point, unexplained deficiencies in the city's analysis, creates triable issues of material fact as to whether the fee exceeds the `actual cost' of providing the service.”

— Judge Euketa Oliver, Superior Court Judge

What’s next

The trial is tentatively scheduled to begin next month, where the court will examine the city's cost projections and determine whether the new trash fees violate state law.

The takeaway

This ruling highlights the ongoing legal and financial challenges cities face when implementing new utility fees, particularly when those fees are perceived by residents as exceeding the actual cost of providing the service. The outcome of the trial could have significant implications for San Diego's budget and its relationship with homeowners.