A San Jose family has won a long legal fight with a former neighbor who sued over the sounds their son with autism made while playing outside.
The verdict
This week, a jury awarded Serena Arvayo’s family $8 million on their countersuit, NBC Bay Area reported. Her son Ezequiel, known as Zeke, is now 14. He has Level 3 autism, a severe form that can involve loud vocalizing.
“My son was represented with dignity, and that was the most important thing for him, to have the dignity he deserves,” Arvayo told the station. Her lawyer, Missy Cornejo, said the jury was sending a message about empathy and compassion.
How it started
Arvayo and Zeke lived with her father in San Jose. In December 2023, neighbor Janine Chun Lu sued Arvayo, Zeke, Arvayo’s father and their landlord, the Sacramento Bee reported. Her complaint said the boy’s behavior “constitutes a nuisance” and caused her emotional distress. The family denied the allegations.
Arvayo and Zeke had already moved out in June 2022. In March 2024, Arvayo filed a cross-complaint accusing Lu of harassment, intrusion into private affairs, intentional infliction of emotional distress and abuse of the legal process.
NBC Bay Area said its repeated attempts to reach the neighbor’s lawyer did not get a response. It is not clear whether the verdict will be appealed.