There is currently a lawsuit pending related to the garbage fees. The case number is 25CU025589C. You can use it to search the superior court website to see the status and what is happening with the lawsuit. We are not in any way related to this lawsuit.
It challenges the City of San Diego’s new Solid Waste Management Fee under California Constitution, Article XIII D (Prop 218 / Right to Vote on Taxes Act). Plaintiffs say the “fee” is really an unlawful tax.
They claim five specific Prop 218 violations (Art. XIII D § 6(1)–(5)):
Revenues exceed the cost of service;
Fee revenues will be used for purposes other than the service;
Fee exceeds each parcel’s proportional cost;
Fee is imposed for services not actually used or immediately available;
Fee funds general governmental services.
Declarations that the Solid Waste Management Fees and the Notice do not comply with Art. XIII D § 6(1)–(5) and are null and void.
Click Here to download the first amended complaint.
For Immediate Release
Trash Tax Trial Set for May 1, 2026
Earlier today, San Diego County Judge James A. Mangione set the trial date of May 1, 2026, for the San Diego Superior Court lawsuit to void the trash tax San Diego City officials imposed on 224,000 San Diego homeowners. (Brown v. LaCava, case number 25CU025589C). Judge Mangione set the trial at least six days to try all the issues in the case.
San Diego homeowners, represented by attorneys at Aguirre & Severson, LLP, allege that the solid waste collection fee increases imposed by the City of San Diego violate California Constitution Article XIII(D) (The Right to Vote on Taxes Act). The alleged Constitutional violations are:
(1) the solid waste fees exceed the cost to provide solid waste collection by over $70 million;
(2) the solid waste fees are to be imposed for purposes other than for solid waste collection;
(3) the amount of solid waste collection fees to be imposed exceeds the proportional cost of solid waste collection attributable to the parcel;
(4) the solid waste collection fee is being imposed for services not immediately available to, or not actually used by, the property owners; and
(5) the solid waste collection fees are to be used for general governmental services.
San Diego homeowners allege these solid waste collection fee increases stem from the financial quagmire the City of San Diego is trapped in: the City’s growing pension debt with annual pension payments four times the “normal” pension liability; deferred maintenance of City storm water drains, streets, sidewalks, and alleys; and closed and deteriorating office space for City employees.
The City, represented by Jarvis Fay, LLP, has already begun issuing the trash tax, appearing on all San Diego homeowners’ Fiscal Year 2025-2026 property tax bill in the amount of $523.20.
The trial set for May 1, 2026, is a crucial step for these Constitutional violations to be decided in Court impacting San Diego homeowners.
For the latest updates, subscribe to our newsletter.