Waymo Gets Overnight Reprieve In Santa Monica Charging Fight

SANTA MONICA, CA — Waymo can again operate two Santa Monica charging facilities around the clock after a state appeals court temporarily halted an injunction that barred overnight operations at the Broadway properties.

The California Court of Appeal's Second Appellate District on Friday stayed a July 27 preliminary injunction prohibiting Waymo from operating its facilities at 1222 and 1310 Broadway between 11 p.m. and 6 a.m.

The injunction is stayed "until further order of this court," according to the Aug. 14 order obtained by Patch.

The ruling marks the latest turn in a legal battle stemming from more than a year of complaints by nearby residents about overnight noise, lights and traffic associated with the autonomous vehicle company's charging operations.

Los Angeles County Superior Court Judge Bradley S. Phillips granted Santa Monica's request for a preliminary injunction July 27, finding the city had demonstrated a reasonable probability of prevailing on its public nuisance claim and that the harm to nearby residents outweighed the harm to Waymo from temporarily losing overnight access.

Waymo appealed and, according to Friday's appellate order, filed a petition for a writ of supersedeas and an immediate stay on Aug. 11.

The appellate court granted Waymo's request to seal the petition and temporarily paused enforcement of the injunction while it considers further arguments from both sides.

In its order, the three-judge panel specifically instructed the parties to address whether the preliminary injunction is "mandatory in nature because it takes away appellant's right to 24-hour access to the charging facilities."

Santa Monica has until Aug. 24 to file its opposition to Waymo's petition. Waymo may file a reply by Sept. 2.

The court also directed both sides to propose, or agree to, an expedited schedule for the appeal and deferred consideration of Waymo's request for judicial notice until the additional briefing is considered.

City officials stressed that Friday's ruling temporarily pauses the injunction but does not overturn the lower court's findings.

"The Court of Appeal has temporarily paused enforcement of the injunction while it considers Waymo's challenge to the trial court’s decision," City Attorney Heidi von Tongeln said Friday. "The temporary pause was issued without the benefit of the City’s opposition, and it has not reversed or vacated the trial court's findings."

Von Tongeln said the city would urge the appellate court to move quickly toward a final decision.

Santa Monica also said Waymo had confirmed to the city that it intended to resume overnight operations Friday evening. Patch reached out to Waymo Monday to confirm whether those operations resumed and to ask whether the company had made any additional changes at the Broadway facilities following the injunction. However, the company declined Patch's request for comment.

The dispute dates to 2025, when residents living near the charging sites complained that activity at the properties was disrupting their sleep and quality of life.

In November, the Santa Monica City Council declared the overnight operations a public nuisance and directed that activity cease between 11 p.m. and 6 a.m. Waymo subsequently sued the city, arguing that permits for the facilities authorized round-the-clock operations and that state law limited Santa Monica's authority to restrict them.

Santa Monica later filed a cross-complaint seeking to have the facilities declared a public nuisance.

Following the July injunction, Waymo told Patch it was disappointed with the ruling and warned that the restriction could affect its ability to provide service during what it described as some of the most dangerous hours of the day for road users.

The company also said it had taken steps to reduce the facilities' impact on neighbors, including reducing vehicle noise, turning off most vehicle lights while cars were charging overnight, and supporting infrastructure improvements intended to reduce traffic through an adjacent alley.

Friday's appellate ruling does not resolve the underlying public nuisance case.

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