Skip to comments.Upland Couple Says Their Live-In Nanny Won’t Get Out
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.
Its 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. Im now a victim in my home and its completely legal.
A judge also ruled in the nannys 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 Johnsons question. The reporter asked her, repeatedly, Why wont you leave?
She never spoke.
Ralph Bracamonte says its 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 wouldnt 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.
Keep all your food under lock and key and give her no money. She’ll get hungry and leave soon enough.
did she ask for references?
That and turn off the power to her room. Other things come to mind.
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.
Padlock fridge and cupboards, then call cops and have her arrested when she breaks into them.
Remove the door to her room for repairs.
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.
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.”
i do not think they pay her money... the man said they agreed she would live there in exchange for nanny/housekeeping...
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.
Welcome to the hotel California, nanny. Such a lovely place.
ooh--i remember that movie... he was awful! (Melanie Griffith and Matthew Modine... beautiful house)...
i bet that's not legal...
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.
Hmmm...kinda reminds me of all the illegal squatters we have, living right here in Our Big House, America!
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...
Pet Skunks : Do Skunks Make Good Pets?
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.
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...
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.
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.
Seems to me that it’s time to tent the house and fumigate.
i know this is tempting, but it will only get him into more trouble...
I knew a guy who had that problem. HE moved out.
That’s why they should have put in the contract the requirement - no work, no room or board.
No doubt. Assault, kidnapping and conspiracy.
Surely Doug there in Upland can find a spare room in the back of his hallway somewhere.. (;
Just slip a note under the door saying “watch out for poisonous spiders”
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.
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...
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."
I only saw that movie once - in the theater - and have never forgotten it.
they need to stop penny-pinching and hire a lawyer to do this for them... no time to mess around here...
Um, change the locks?
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.
So I guess, I can quit collecting snakes?
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.
She’d be a permanent resident in my flower bed if she tried this at my home.
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...
I always used the deposit for that approach.
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.
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.
Fantastic movie!! See on ACMAX 7/3 3AM
“I have to wonder why this story captures such intelligent attention.”