Judge Denies San Diego's Bid to Dismiss Trash Fee Lawsuit

Homeowners allege the new fees violate state law on utility costs.

Apr. 9, 2026 at 8:18pm

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A photorealistic painting of a lone trash can on a quiet city street, with warm sunlight casting deep shadows across the pavement and buildings in the background, creating a contemplative, cinematic mood.A legal battle over trash fees exposes the complex challenges cities face in balancing essential public services with the financial constraints of residents.San Diego Today

A judge has rejected the city of San Diego's request to dismiss a lawsuit challenging the city's new trash collection fees, ruling that the plaintiffs have presented enough evidence to raise questions about the validity of the city's cost projections for the service.

Why it matters

This decision means the legal battle over San Diego's new trash fees, which ended free pickup for single-family homes, will likely head to trial. The outcome could have significant financial implications for the city and residents.

The details

The judge found potential issues with the city's assumptions, including annual cost increases despite fewer households receiving trash services than originally estimated. The plaintiffs allege the fees violate Proposition 218, which holds that utility fees cannot exceed the actual costs of providing those services.

  • The lawsuit was filed following the passage of Measure B in 2026.
  • The judge issued her tentative ruling denying the city's dismissal request on Wednesday.
  • The trial is tentatively scheduled to start next month.

The players

Judge Euketa Oliver

The Superior Court judge who denied the city's request to dismiss the lawsuit.

City of San Diego

The defendant in the lawsuit, which implemented new trash collection fees that ended free pickup for single-family homes.

Local homeowners

The plaintiffs who filed the lawsuit challenging the city's new trash fees.

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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

What’s next

The case is tentatively scheduled to go to trial next month, where the judge's concerns about the city's cost projections will be further examined.

The takeaway

This ruling sets the stage for a high-stakes legal battle over San Diego's new trash fees, with the city facing the prospect of having to justify its cost calculations and the plaintiffs seeking to prove the fees violate state law.