here is what he first built for us:

now he is ok with cut that bulky part for the last step in half:

but I think code should allow us to go all the way without a 42" guard rail - see diagram. what do folks thinks? I'm in California.

Unless the fabricator needs the return for structural rigidity or the local inspector requires a return, you can probably choose between the options below.

I can't think of a reason to return the landing guard at the top tread of the stair. The floor landing is a "walking surface" but the top tread is not .

A combination railing/guard at the open side of a stair is required to extend from the lowest to the highest stair nosing.

Take the photos of the existing stair and my diagrams to the building department and ask if options C, D, and E are allowed.

One reason this is an odd situation for most of us that the California code that requires a 42" high residential landing/balcony guard but a 34" to 38" combined stair handrail/guard is rare. For the rest f the country the landing/balcony guard can be 36" tall and easily aligned with the stair railing.

Is the fabricator in another state?