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Upland Couple Says Their Live-In Nanny Won’t Get Out
CBSLA.com) ^ | June 25, 2014 11:34 PM | Amy Johnson

Posted on 06/26/2014 7:22:57 AM PDT by BenLurkin

UPLAND (CBSLA.com) — A couple in Upland says their live-in nanny refuses to leave their home.

It’s a story Only On 2.

Amy Johnson spoke to the couple who have tried everything, including legal measures, to get the nanny out.

Johnson was there when the woman was served legal papers in the home in the 1200 block of North Vallejo Way.

The couple, Marcel and Ralph Bracamonte, told Johnson the first couple of months with the nanny “were good,” but she soon stopped working and complained of health issues.

At this point, they said they asked the 64-year-old nanny to leave, but Diane Stretton refused to go. They said they served her with legal papers, but they turned out to be the wrong legal papers.

For the time being, officials told the couple the nanny can come and go as she pleases.

Police told Bracamonte there was nothing they could do.

“They told me it was now a civil matter,” Bracamonte said, “and I have to [legally] evict her. So this lady is welcome inside my house, anytime she wants, to eat my food anytime she wants and harass me basically. I’m now a victim in my home and it’s completely legal.”

A judge also ruled in the nanny’s favor because he said Bracamonte did not fill out a three-day quit notice correctly. He also said they would have to fill out the legal paperwork again.

Stretton did not want to answer Amy Johnson’s question. The reporter asked her, repeatedly, “Why won’t you leave?”

She never spoke.

Ralph Bracamonte says it’s all a nanny nightmare.

“Now, this person is in our house,” he said, “and I have to go to work. My kids are still here, my wife is still here. She towers over my wife, my kids. And I know there is nothing I can do about it.”

Marcela, a mother of three, found Stretton on Craigslist in March.

The couple agreed Stretton would live in their home, for free, in exchange of taking care of the children and some housecleaning.

“And then she wouldn’t do anything,” said Marcela. “She would stay in her room 90 percent of the day. I really did try to work with her. She would just sit in her room all day. So I told her, you either have to perform or you gotta leave.”

Stretton has three days to respond to the legal notice she got Wednesday evening.

The Bracamontes know the eviction process can take a while but they wanted to speak out to warn other families and to advise them to always use an attorney is such matters.


TOPICS: Weird Stuff
KEYWORDS: california; evictionlaw
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1 posted on 06/26/2014 7:22:57 AM PDT by BenLurkin
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To: BenLurkin

Keep all your food under lock and key and give her no money. She’ll get hungry and leave soon enough.


2 posted on 06/26/2014 7:25:12 AM PDT by circlecity
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To: BenLurkin
The couple agreed Stretton would live in their home, for free, in exchange of taking care of the children and some housecleaning.

did she ask for references?

3 posted on 06/26/2014 7:26:31 AM PDT by latina4dubya (when i have money i buy books... if i have anything left, i buy 6-inch heels and a bottle of wine...)
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To: circlecity

That and turn off the power to her room. Other things come to mind.


4 posted on 06/26/2014 7:27:17 AM PDT by dangerdoc ((this space for rent))
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To: BenLurkin

5 posted on 06/26/2014 7:27:20 AM PDT by Larry Lucido
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To: BenLurkin

So a couple in a Los Angeles, CA suburb has a live-in nanny who won’t leave? LOL. The entire state government is a live-in nanny that won’t leave.


6 posted on 06/26/2014 7:27:28 AM PDT by Opinionated Blowhard ("When the people find they can vote themselves money, that will herald the end of the republic.")
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To: BenLurkin
Bartleby the Scrivener.
7 posted on 06/26/2014 7:29:27 AM PDT by wideawake
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To: BenLurkin

Padlock fridge and cupboards, then call cops and have her arrested when she breaks into them.


8 posted on 06/26/2014 7:29:36 AM PDT by kingu (Everything starts with slashing the size and scope of the federal government.)
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To: dangerdoc

Remove the door to her room for repairs.


9 posted on 06/26/2014 7:30:46 AM PDT by Suz in AZ
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To: BenLurkin

I know in NYS, if you give domicile to anyone for more than 30 days in your house and they don’t leave after being asked, you have to do a formal eviction.

Rent or living there free is not a consideration.

I went down that road with an alcoholic girlfriend.

If you just put their stuff at the curb and lock them out, a cop will show up at your door instructing you to let them back in.


10 posted on 06/26/2014 7:30:57 AM PDT by headstamp 2
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To: BenLurkin

I’d be willing to be this woman has pulled this crap elsewhere. There is an old movie with Michael Keaton (IIRC) called “Pacific Heights”......

My guess is this woman has a bevy of paperwork on her - none of it good.

If she was hired through a service, the company through which she obtained her services should be sued for negligence and damages

Barring any of that, she should just get “disappeared.”


11 posted on 06/26/2014 7:31:11 AM PDT by Gaffer
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To: dangerdoc
Keep all your food under lock and key and give her no money. She’ll get hungry and leave soon enough.

i do not think they pay her money... the man said they agreed she would live there in exchange for nanny/housekeeping...

12 posted on 06/26/2014 7:32:32 AM PDT by latina4dubya (when i have money i buy books... if i have anything left, i buy 6-inch heels and a bottle of wine...)
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To: latina4dubya

I can only assume this couple tried to be above board and pay her “on the books,” as opposed to the approach 90% of Manhattanites do it, fostering illegals and paying them with a weekly wad of cash “under the table.” Firing an illegal is quick and clean, as neither side has a vested interest in making an issue out of it. It’s ironic how the legal approach screws you in California.


13 posted on 06/26/2014 7:32:51 AM PDT by BlueStateRightist (Government is best which governs least.)
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To: BenLurkin

Welcome to the hotel California, nanny. Such a lovely place.


14 posted on 06/26/2014 7:34:03 AM PDT by PGalt
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To: Gaffer
I’d be willing to be this woman has pulled this crap elsewhere. There is an old movie with Michael Keaton (IIRC) called “Pacific Heights”.....

ooh--i remember that movie... he was awful! (Melanie Griffith and Matthew Modine... beautiful house)...

15 posted on 06/26/2014 7:34:20 AM PDT by latina4dubya (when i have money i buy books... if i have anything left, i buy 6-inch heels and a bottle of wine...)
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To: BenLurkin

16 posted on 06/26/2014 7:34:46 AM PDT by RightGeek (FUBO and the donkey you rode in on)
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To: dangerdoc
That and turn off the power to her room. Other things come to mind.

i bet that's not legal...

17 posted on 06/26/2014 7:35:05 AM PDT by latina4dubya (when i have money i buy books... if i have anything left, i buy 6-inch heels and a bottle of wine...)
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To: BenLurkin

I know 4 guys who will come in the evening, literally pick her up, put her in a car, and drop her anywhere you want.

would probably cost about $200 each.


18 posted on 06/26/2014 7:35:40 AM PDT by PGR88
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To: BenLurkin
The guy should get the wife and kids a hotel. He should stay in the house, turn off the power, turn off the water, empty the fridge and pantry, remove the bathroom and bedroom doors, put in earplugs and hit 'play' on the boombox containing Yoko Ono's Greatest Hits with the volume up full notch. Get a friend to relieve you for bathroom and lunch breaks.
19 posted on 06/26/2014 7:36:16 AM PDT by LostInBayport (When there are more people riding in the cart than there are pulling it, the cart stops moving...)
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To: BenLurkin

Hmmm...kinda reminds me of all the illegal squatters we have, living right here in Our Big House, America!


20 posted on 06/26/2014 7:37:00 AM PDT by Diana in Wisconsin (I don't have 'Hobbies.' I'm developing a robust Post-Apocalyptic skill set...)
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To: BenLurkin

In some California Homeowner’s policies there’s also a worker’s comp rider for domestic help that applies under certain conditions. Just wait ‘til the nanny claims an injured lower back incurred in her duties as a nanny...


21 posted on 06/26/2014 7:37:20 AM PDT by Joe 6-pack (Qui me amat, amat et canem meum.)
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To: BenLurkin

Pet Skunks : Do Skunks Make Good Pets?

http://www.youtube.com/watch?v=5Ucgp-GzcE8

Besides keeping no food in the house and disabling the AC, I would consider getting a pet that would stay in her room. I also see nothing wrong with removing her “by any means necessary” as the liberals like to put it.


22 posted on 06/26/2014 7:38:21 AM PDT by Pollster1 ("Shall not be infringed" is unambiguous.)
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To: BlueStateRightist
I can only assume this couple tried to be above board and pay her “on the books,” as opposed to the approach 90% of Manhattanites do it, fostering illegals and paying them with a weekly wad of cash “under the table.” Firing an illegal is quick and clean, as neither side has a vested interest in making an issue out of it. It’s ironic how the legal approach screws you in California.

they better hope that letting someone live in their home gratis in exchange for some work is legal... otherwise they are in really deep crap... according to the article, they were paying her by letting her live there... they should go on Judge Judy...

23 posted on 06/26/2014 7:39:47 AM PDT by latina4dubya (when i have money i buy books... if i have anything left, i buy 6-inch heels and a bottle of wine...)
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To: BenLurkin

I once had a crazy girlfriend told me she wasn’t going to leave and I couldn’t make her.

She was wrong.

Picked her up and threw her out the front door like a bale of hay.


24 posted on 06/26/2014 7:40:09 AM PDT by IMR 4350
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To: BenLurkin
"Marcela, a mother of three, found Stretton on Craigslist in March."

BRILLIANT! Let's go on Craigslist and bring a total effing stranger into our home with young children. What could go wrong? This sucks but they are at least partly responsible.

25 posted on 06/26/2014 7:41:08 AM PDT by Mich Patriot (Pitch black is the new "transparent.")
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To: BenLurkin

Seems to me that it’s time to tent the house and fumigate.


26 posted on 06/26/2014 7:41:10 AM PDT by Starstruck (If my reply offends, you probably don't understand sarcasm or criticism...or do.)
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To: LostInBayport
He should stay in the house, turn off the power, turn off the water,

i know this is tempting, but it will only get him into more trouble...

27 posted on 06/26/2014 7:41:16 AM PDT by latina4dubya (when i have money i buy books... if i have anything left, i buy 6-inch heels and a bottle of wine...)
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To: BenLurkin
Reminds me of the movie Pacific Heights.
28 posted on 06/26/2014 7:41:23 AM PDT by Jed Eckert (Wolverines!!)
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To: headstamp 2

I knew a guy who had that problem. HE moved out.


29 posted on 06/26/2014 7:41:27 AM PDT by proxy_user
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To: BenLurkin

That’s why they should have put in the contract the requirement - no work, no room or board.


30 posted on 06/26/2014 7:42:36 AM PDT by tbw2
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To: BenLurkin
"Upland Couple Says Their Live-In Nanny Won’t Get Out”

Barry Poppins have become a national problem.


31 posted on 06/26/2014 7:42:50 AM PDT by clearcarbon
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To: PGR88

No doubt. Assault, kidnapping and conspiracy.


32 posted on 06/26/2014 7:44:21 AM PDT by Sherman Logan (Perception wins all the battles. Reality wins all the wars.)
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To: BenLurkin; doug from upland

Surely Doug there in Upland can find a spare room in the back of his hallway somewhere.. (;


33 posted on 06/26/2014 7:46:56 AM PDT by tflabo (Truth or Tyranny)
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To: BenLurkin

Just slip a note under the door saying “watch out for poisonous spiders”


34 posted on 06/26/2014 7:47:55 AM PDT by bigbob (The best way to get a bad law repealed is to enforce it strictly. Abraham Lincoln)
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To: latina4dubya

You are probably right. The story is just incredibly frustrating.

Looking for a child minder on Craiglist wasn’t the sharpest move this family ever made, was it.


35 posted on 06/26/2014 7:49:17 AM PDT by LostInBayport (When there are more people riding in the cart than there are pulling it, the cart stops moving...)
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To: Mich Patriot
BRILLIANT! Let's go on Craigslist and bring a total effing stranger into our home with young children. What could go wrong? This sucks but they are at least partly responsible.

they are responsible! did they interview others? did they talk with her previous employers? they agreed to let her live there in exchange for work... sounds like they were wanting a good deal... when it comes to someone living in your home with your children, you have to do better than Craig's List... mis dos centavos...

36 posted on 06/26/2014 7:49:34 AM PDT by latina4dubya (when i have money i buy books... if i have anything left, i buy 6-inch heels and a bottle of wine...)
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To: dangerdoc
That and turn off the power to her room. Other things come to mind.

This is a bit of a unique situation but what you are describing is a constructive eviction, and will be trouble for you in court $$$.

As a landlord of 35 years, the best solution is "Here is a $1000 cash. I will give it to you when you pack up all your belongings and are sitting in the back of a taxi on your way to somewhere else. Otherwise I WILL evict you and you will have nothing."

It works.

37 posted on 06/26/2014 7:49:47 AM PDT by super7man
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To: Jed Eckert

I only saw that movie once - in the theater - and have never forgotten it.


38 posted on 06/26/2014 7:51:09 AM PDT by LostInBayport (When there are more people riding in the cart than there are pulling it, the cart stops moving...)
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To: BenLurkin
A judge also ruled in the nanny’s favor because he said Bracamonte did not fill out a three-day quit notice correctly. He also said they would have to fill out the legal paperwork again.

they need to stop penny-pinching and hire a lawyer to do this for them... no time to mess around here...

39 posted on 06/26/2014 7:53:05 AM PDT by latina4dubya (when i have money i buy books... if i have anything left, i buy 6-inch heels and a bottle of wine...)
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To: BenLurkin

Um, change the locks?


40 posted on 06/26/2014 8:08:40 AM PDT by bboop (does not suffer fools gladly)
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To: LostInBayport
Anyone who has ever considered renting out a room or house needs to see that movie first.

My neighbor had an experience not too different from the movie. After she divorced she rented out a room in her house to a middle aged female who answered her ad. Took over 2 years to finally evict the deadbeat psycho. Worst part was the Sheriff informed her if she just changed the locks on her own and locked her out the psycho could probably have her fined and/or arrested.

41 posted on 06/26/2014 8:12:57 AM PDT by Jed Eckert (Wolverines!!)
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To: super7man

So I guess, I can quit collecting snakes?


42 posted on 06/26/2014 8:16:40 AM PDT by dangerdoc ((this space for rent))
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To: LostInBayport; BlueStateRightist; Mich Patriot
so i shared this story with my employers, who are lawyers... one of them said the couple did not establish Landlord/Tenant Relationship... they might not have thought to do a lease agreement... so i looked it up... there are differences between tenants and boarders... but i found this under Housing as Part of the Job:

Some employers provide employees with housing as part of their compensation. When the employment ends the ex-employee is usually told to move out. If the employee refuses to move the landlord can not just come and put the employee out. The tenant who remains after being told to vacate is a tenant at sufferance. During the term of their employment, the employee has the legal right to live on the property under the term of their employment contract. Upon termination of employment, the employees right to possession under the employment contract ended and he becomes a tenant at sufferance. If the ex-empolyer wants to remove the former employee he would need to file a dispossessory affidavit with the court where the land is located.

43 posted on 06/26/2014 8:19:07 AM PDT by latina4dubya (when i have money i buy books... if i have anything left, i buy 6-inch heels and a bottle of wine...)
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To: BenLurkin

She’d be a permanent resident in my flower bed if she tried this at my home.


44 posted on 06/26/2014 8:19:21 AM PDT by TheThirdRuffian (RINOS like Romney, McCain, Christie are sure losers. No more!)
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To: bboop
Um, change the locks?

no way! no changing the locks, no turning off utilities, no packing her stuff and moving it out... that will get the couple into a lot of trouble...

45 posted on 06/26/2014 8:20:47 AM PDT by latina4dubya (when i have money i buy books... if i have anything left, i buy 6-inch heels and a bottle of wine...)
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To: super7man

I always used the deposit for that approach.


46 posted on 06/26/2014 8:20:51 AM PDT by TheThirdRuffian (RINOS like Romney, McCain, Christie are sure losers. No more!)
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To: BenLurkin
they wanted to speak out to warn other families and to advise them to always use an attorney is such matters.

It's unclear whether they even used an attorney. Are they recommending this in hindsight, or what?

Lot's of clever, imaginative replies. I have to wonder why this story captures such intelligent attention.

47 posted on 06/26/2014 8:21:26 AM PDT by Prospero (Si Deus trucido mihi, ego etiam fides Deus.)
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To: super7man

Interesting proposition, and they could possibly get her to leave for less, then CHANGE THE LOCKS. Have her sign something to show that she acknowledges their prior agreement for her to work for them has been terminated at the mutual concession of both parties.


48 posted on 06/26/2014 8:22:51 AM PDT by NEMDF
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To: Jed Eckert

Fantastic movie!! See on ACMAX 7/3 3AM


49 posted on 06/26/2014 8:24:08 AM PDT by patriot08 (NATIVE TEXAN (girl type))
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To: Prospero

“I have to wonder why this story captures such intelligent attention.”

Survivor syndrome?


50 posted on 06/26/2014 8:29:44 AM PDT by moovova
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