Judge Rules that Lawsuit Over Trash Fee Will Proceed to Expedited Trial
Gloria, Elo-Rivera, La Cava Expected to be Subpoenaed
By Rag Staff
A Superior Court judge ruled Friday, October 10, that plaintiffs challenging the City of San Diego’s bait-and-switch trash fees can make their case in an expedited trial.
Under the decision handed down by Superior Court Judge James Mangione, the City can proceed with collecting the fees. But the three elected officials most responsible for the new fee collection – San Diego Mayor Todd Gloria, Councilmember Sean Elo-Rivera, and Council President Joe La Cava – are likely to be subpoenaed to explain under oath how they devised the program.
“We are going to have our day in court,” said plaintiff’s attorney Mike Aguirre.
“We’re ready to go to trial and ready to prove our case that the City is attempting to collect an unconstitutional fee by illegal means. And they are doing this to cover a hole in the budget because they didn’t get passage of the 1-cent sale tax increase ballot measure.”

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