The conflict began in December 2023 when a San Jose neighbour filed a lawsuit seeking a restraining order and public nuisance abatement against Serena Arvayo, her son Ezequiel, and their landlord. In response, the family submitted a cross-complaint in March 2024 to contest allegations surrounding the boy's behavior. Attorneys explained that Ezequiel has Level 3 autism and engages in vocal stimming while playing outside on weekends as an expression of happiness. Court records also documented that the neighbor sent text messages to the landlord complaining about the child's sounds.
Key points
The jury held the neighbor legally accountable for the intentional infliction of emotiona…: The jury held the neighbor legally accountable for the intentional infliction of emotional distress against the family.
Legal representatives successfully demonstrated that the nonverbal child requires constan…: Legal representatives successfully demonstrated that the nonverbal child requires constant supervision and was never left unattended outside.
The legal victory successfully restored dignity to the young boy following persistent nei…: The legal victory successfully restored dignity to the young boy following persistent neighborhood complaints about his disability.
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A Northern California family has been awarded $8 million after a prolonged legal battle with their next-door neighbour, who sued them over the backyard noises made by their autistic son, describing him as a ‘public nuisance’. The case, which was heard in Santa Clara County, involved Ezequiel Arvayo, his mother Serena Arvayo and a neighbour who alleged that the child's vocal outbursts disrupted her daily life, affected her work and caused emotional distress.
According to reports by NBC Bay Area and KRON4, the dispute began when the neighbour filed a lawsuit against the family and their landlord in December 2023. However, the family challenged the allegations through a countersuit, and a jury eventually awarded them $8 million for intentional infliction of emotional distress.
Why did the neighbour sue the family over their autistic son's backyard noises?
Ezequiel, his mother and his grandfather were living in a rented house on Boynton Avenue in San Jose, California, when their neighbour initiated legal proceedings against them. In her December 2023 complaint, she sought a public nuisance abatement and a restraining order, alleging that…
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