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. 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.
The dispute began when the neighbour filed a lawsuit against the family, arguing that the child’s vocalisations amounted to a public nuisance, according to reporting by KRON4 and NBC Bay Area. The family’s subsequent countersuit resulted in a jury verdict in their favour.
Jury awards family $8 million
The 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 neighbour had approached Serena and asked her to stop allowing Ezekiel to play in the backyard because of the noises he made, according to the filing.
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.
The family’s cross-complaint also detailed an earlier interaction between Serena and the neighbour, before the dispute reached court.
How the dispute began
The 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. 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. Ezekiel requires constant supervision because of his communication and sensory difficulties, according to the family’s legal filing.
She sought a court order to address what she considered a public nuisance and also requested restrictions on the family’s conduct. She also claimed that the situation had affected her professional life and prevented her from enjoying her property. The family disputed these allegations. 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.