According to recent court filings
in Martin County, Florida, Erica Herman, the ex-girlfriend of Tiger Woods, has
filed legal complaints against Woods over a non-disclosure agreement and her
residency at Woods’ house in Hobe Sound. Herman is seeking the court’s judgment
on the extent of the NDA and believes it is unenforceable. She is also suing
for her right to seek damages for the remaining five years of an alleged oral
tenancy agreement following a hasty breakup.
The NDA in question, signed on
August 9, 2017, states that “any and all disputes, claims, or controversies
arising between us of any kind or nature whatsoever…shall be resolved by
mandatory BINDING confidential arbitration to the greatest extent permitted by
law.” Herman is unsure about what she can disclose and what information about
her life she can discuss due to the NDA's confidentiality obligations.
In her complaint filed this week,
Herman cited the Speak Out Act, which prohibits NDAs agreed to before “a
dispute arises involving sexual assault or sexual harassment in violation of
federal, tribal or state law.” Although Herman has not specifically accused
Woods of sexual abuse, her lawyer’s civil cover sheet suggests the case
involves allegations of sexual abuse.
Woods’ agent has not commented on the matter yet.
After their breakup, Tiger Woods
and Erica Herman have been embroiled in legal disputes, with the crux of the
issue being Herman's right to live in Woods' home. Court documents reveal that
Woods ended the relationship on October 13, 2022, and Herman filed a complaint
against the Jupiter Island Irrevocable Homestead Trust, which owns Woods'
primary property in Hobe Sound, just thirteen days later. In essence, Herman's
October complaint claims that she lived at Woods' house for six years under an
oral tenancy agreement, which still had approximately five years remaining.
Herman's complaint states that the
agreement gave her the right to live in the residence for a certain duration
and that she performed extensive and extraordinary duties that were expected of
her, given the overall circumstances and environment in which she lived.
Legal filings reveal that Woods
responded to Herman’s initial complaint by starting arbitration proceedings
against her. Court documents filed by the trust in December indicate that
Woods’ arbitration request argues that Herman has no oral tenancy agreement
entitling her to occupy the property.
Herman alleges that agents of the
trust convinced her to pack a suitcase for a short vacation, and when she
returned, she found that she had been locked out of her residence, in violation
of the alleged oral tenancy agreement and Florida law. Herman further alleges
that the trust's agents attempted to justify their illegal conduct by paying
for a hotel room and certain expenses for a short period of time. Herman claims
her belongings were removed from the residence and cash in excess of $40,000
was misappropriated. Herman is seeking monetary damages for being removed from
the right to live at the property as a tenant per the alleged agreement, which
her complaint states is likely to be measured in excess of $30 million in
reasonable rental value.
Lawyers representing the trust have
disputed Herman’s complaint and have requested it be dismissed, claiming that
the trust is not capable of being sued, and that Herman’s complaint is merely
thinly veiled claims arising from disputes between Herman and Woods. They have
guided any action towards arbitration as outlined in the NDA. Herman’s
representation filed an opposition on Jan. 19, citing the Ending Forced
Arbitration of Sexual Assault and Sexual Harassment Act of 2021 as the reason
for the court to decide the enforceable nature of the NDA.
