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

The decision means the legal challenge from local homeowners is likely headed to trial next month.

Apr. 10, 2026 at 12:11am

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A realistic painting of a lone trash can on a San Diego sidewalk, with warm sunlight casting deep shadows and creating a contemplative, cinematic mood.A legal battle over San Diego's new trash collection fees exposes tensions between municipal budgets and resident affordability.San Diego Today

A judge has denied the City of San Diego's request to dismiss a lawsuit challenging its new trash collection fees, ruling that the homeowners suing the city have presented enough evidence to call into question the validity of the city's cost projections. The judge said there are potential issues with the city's assumptions, including inconsistencies between declining service demand and increasing costs, that create triable issues of fact as to whether the fees exceed the actual cost of providing the service.

Why it matters

This ruling is a significant setback for the city, which had argued the fees were necessary to cover the costs of trash pickup after ending free services for single-family homes. The lawsuit alleges the fees violate Proposition 218, which requires utility fees to not exceed the actual costs of providing the services.

The details

The homeowners sued the city following the passage of Measure B, which ended free trash pickup services for single-family homes. The plaintiffs allege the fees violate Proposition 218, a state ballot measure that holds utility fees cannot exceed the costs of providing those services. The judge noted potential issues with the city's cost projections, including indications of annual increases in costs despite fewer households receiving trash services than originally estimated.

  • The lawsuit was filed after the passage of Measure B in 2026.
  • The trial is tentatively scheduled to start next month.

The players

City of San Diego

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

Local homeowners

The plaintiffs in the lawsuit, who are challenging the new trash collection fees imposed by the City of San Diego.

Judge Euketa Oliver

The Superior Court judge who denied the City of San Diego's request to dismiss the lawsuit, ruling that the homeowners have presented enough evidence to call into question the validity of the city's cost projections.

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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 lawsuit is now likely to proceed to trial, which is tentatively scheduled to start next month.

The takeaway

This ruling is a significant victory for the local homeowners challenging the City of San Diego's new trash collection fees, as it means the case will move forward to trial and the city's cost projections will face further scrutiny. The outcome of this lawsuit could have broader implications for how municipalities structure utility fees in California.