10/31/2026
BGSP Partner Rachel Boden and Senior Counsel Elisabeth Hansen secured a complete defense verdict in a Santa Clara County trial involving a nonverbal child with autism whose disability-related vocalizations were alleged to constitute a private nuisance. Our clients were also awarded $8 million in damages on their cross-complaint for intentional infliction of emotional distress.
The lawsuit was brought by a neighboring homeowner who alleged that the child’s vocalizations interfered with her enjoyment of her property, caused emotional distress and contributed to financial losses from the sale of her home.
Notably, Ezekiel Arvayo, the nonverbal child with autism, was himself named as a defendant, sued in part for the very sounds he relied upon to communicate.
Long before the lawsuit, Ezekiel’s mother, Serena Arvayo, an autism advocate, authored a children’s book titled A Friend Like Zeek, promoting awareness, acceptance and understanding of children with autism. To learn more about her book, copy the link in the comments below.
The BGSP trial team successfully defended the Arvayo family, presenting expert testimony on autism and nonverbal communication while challenging the plaintiff’s nuisance allegations and claimed financial losses.
The jury rejected the plaintiff’s claims in their entirety and determined that punitive damages were warranted against the neighbor who complained, with that phase of the trial still pending.
This verdict represents a significant victory for the Arvayo family and underscores the importance of understanding and protecting families caring for children and people with disabilities.
