Cheri Olvera, Brian Giles and Suing After a Breakup
San Diego Padres outfielder, Brian Giles, has been sued by his former girlfriend, Cheri Olvera. In Olvera's $10 million suit, filed in San Diego Superior Court, she alleges breach of an oral cohabitation agreement after the two broke up.
According to Olvera, Giles was violent, and she suffered battering and abuse throughout their relationship. The abuse was so bad that Olvera claims to have had a miscarriage. A video released by Olvera's attorney, Cary W. Goldstein, purportedly shows the outfielder attacking Olvera.
The domestic violence reportedly began when the couple began living together in a “marriage-like relationship from in or about 2002 to April 2008.” Although the two were engaged, Olvera did not marry Giles because of the violence. Although they did live together, California is not a common law marriage state.
Although there was no formal prenuptial agreement, the complaint alleges that Giles agreed to provide for Olvera and her daughter financially while she devoted herself to his needs. Olvera also maintains that they had an oral agreement that if their relationship ended, Giles' assets would be equitably divided between the former couple.
In a report of the Top 10 Legal Issues of 2008 by FindLaw.com, distribution of assets after a relationship ends was included as a major legal issue faced by consumers this year.