The fight over San Diego’s new trash fee isn’t over — but for now, homeowners will just have to pay up.

San Diego

A judge has denied a request from San Diego homeowners to block the city's new $43 monthly trash fee from being collected. The homeowners, represented by attorney Micah Gidding, argued that the fee is double what was promised when Measure B was passed and raised concerns about the default assignment of the largest and most expensive trash bins.

While the injunction was denied, the judge indicated that the case could proceed to trial, giving hope to the plaintiffs. A case management conference is scheduled to determine the next steps, and the city has not commented on the ongoing litigation.

Judge denies request to block San Diego’s new trash fee

The push to stop San Diego's trash fee is now in the waste bin. This afternoon, a judge denied the last-minute request to put the new monthly charge on hold. ABC 10 News reporter Dani Miskell was at the courthouse and shows us why, despite the ruling, hope isn't lost. A judge has blocked a request to issue an injunction against the city's new trash fee. But this battle might not be over yet. That same judge is now considering letting this case go to trial. I'm sorry that we couldn't stop it. This is attorney Micah Gidding, and he's representing the dozens of San Diego homeowners who have sued the city for its new trash fee of $43 a month. The judge denied the homeowners' request to pause the fees from being collected. I'm not surprised. I'd say I'm disappointed. It would have been great if the judge would have stopped the collection of the fee before it started. Others aren't upset. They're actually looking at the bigger picture that a trial may be coming. I'm feeling quite excited. I think what happened today is far beyond what we expected. The fact that the judge sees that a trial is desirable, it gives us a lot of hope. The homeowners sued the city for many grievances. One of them being that back in 2022, they were promised that the trash fees would only cost in the $20 range when they voted to pass Measure B. But the fee doubled. Homeowners are also pushing back against the new trash bin programs, where many did not know that they had to elect what size and fee they wanted. So they've been defaulted to the biggest and most expensive option. The bins are rolling out next week. But in the meantime, Gidding has argued these points, and the judge believes there could be merit, even grounds, for a trial. Regardless of the outcome of the trial, I'd say having a trial is a victory for the taxpayers of San Diego. There will now be a case management conference on October 24th. That's when homeowners will see if they are one step closer to getting a trial. We reached out to the city, but they were unable to comment. Dani Miskell, ABC 10 News. Dani covers AAPI communities, Native American communities, North County, cost of living, and education. Send her your story ideas by scanning the QR code on your screen or emailing her at danielle.miskell at 10news.com.

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