City of San Marcos v. Coast Waste Management, Inc.

Coast Waste Management, Inc., doing business as Liberty Recycling (Coast), appeals an order granting the motion by the City of San Marcos (City) and Mashbum Waste & Recycling Services, Inc., doing business as Mashbum Sanitation Company (Mashbum), for a preliminary injunction enjoining Coast from collecting recyclable solid wastes for a fee from individuals and businesses within the limits of City. Coast contends the exclusive franchise that City granted to Mashbum for collection of solid wastes and the California Integrated Waste Management Act of 1989 (Pub. Resources Code, § 40000 et seq., hereafter the Act) do not preclude it from conducting its recycling operations and undercutting the prices charged by Mashbum for collection of recyclable solid wastes. Coast further contends the order is unenforceable because the order is vague and ambiguous and because Coast was not given an opportunity to comment on the language of the written order. We disagree with Coast’s contentions and affirm the order.

Factual and Procedural Background

In 1988 City entered into an agreement with Mashbum pursuant to which City granted Mashbum the exclusive right and franchise to collect…