San Jose neighbour sued autistic boy, 11, over noise; family wins $8m
A family in San Jose, California, has won an $8 million jury award after a prolonged legal dispute with a neighbour who took issue with the sounds their autistic child made while playing in the backyard. According to reporting by KRON4 and NBC Bay Area, the dispute began when the neighbour filed a lawsuit against the family, arguing that the child's vocalisations amounted to a public nuisance.
The family's subsequent countersuit resulted in a jury verdict in their favour. The boy, identified as Ezekiel Arvayo, was 11 when the original dispute became a legal matter. He has Level 3 autism, is non-verbal and requires extensive daily support. He is now 14, according to NBC Bay Area's October 2026 report.How the dispute beganThe family was living in a rented house on Boynton Avenue with Ezekiel's grandfather when their next-door neighbour initiated legal proceedings in December 2023.
She sought a court order to address what she considered a public nuisance and also requested restrictions on the family's conduct.The neighbour alleged that the child frequently made loud noises in the backyard, disrupting her ability to work from home. She also claimed that the situation had affected her professional life and prevented her from enjoying her property. The family disputed these allegations.
In March 2024, Serena filed a cross-complaint, explaining that her son's vocalisations were linked to his autism and were not deliberate attempts to disturb anyone.According to the family's legal filing, Ezekiel requires constant supervision because of his communication and sensory difficulties. He attends school and behavioural therapy during weekdays, while spending some of his time at home playing outdoors.
One of his favourite activities is chasing bubbles in the backyard, which sometimes prompts him to express excitement through vocal stimming, a form of self-stimulatory behaviour.Family alleges neighbour's remarks caused distressThe family's cross-complaint also detailed an earlier interaction between Serena and the neighbour, before the dispute reached court. According to the filing, the neighbour had approached Serena and asked her to stop allowing Ezekiel to play in the backyard because of the noises he made.
When Serena attempted to explain her son's condition and his inability to communicate verbally, the neighbour allegedly questioned whether his autism could be cured.The family also alleged that the neighbour contacted their landlord through text messages to complain about the sounds coming from the property. The allegations formed part of the family's case that the neighbour's actions had caused them considerable emotional distress.
These details were presented in the family's legal filings and were not independently established as separate findings by the jury.Jury awards family $8 millionThe neighbour's original public nuisance lawsuit was dismissed in September 2026. The family's countersuit subsequently went before a jury in Santa Clara County, which awarded them $8 million for intentional infliction of emotional distress, according to reports by KRON4 and NBC Bay Area.The verdict was welcomed by the family's legal representatives, who said the proceedings had been a lengthy and difficult experience.
The lawyers also said the compensation would help provide Ezekiel with the assistance and security he would need in the future. The neighbour's attorney had not immediately responded to media requests for comment, according to KRON4.The legal dispute also had consequences for the family's living arrangements. Serena and her son eventually moved out of the Boynton Avenue rental property, reportedly taking on higher housing costs at their new residence.
In an interview with NBC Bay Area, Serena said the most important outcome was that her son had been treated with dignity. She also expressed hope that the case would encourage greater understanding and compassion towards children with autism and their families.You use AI every day. Now get your AI Quotient. Take the AIQ test.
