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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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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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To: BenLurkin

trying to get someone evicted can be a nightmare

I had a tenant who was throwing garbage all over, so the town issued me a summons to clean it up. When I was at the eviction hearing the judge would not evict him BECAUSE I have a “problem of my own” which was the ticket for all the garbage.

It took me 10 minutes of arguing that he was the one throwing the garbage around, and he could not live there and throw garbage around AND then claim I could not evict him because there was garbage around.

THANKFULLY I was aware that he also had some outstanding warrants for his arrest, and I told the judge he was about to be arrested as soon as he leave the courtroom. That was quite a shock to everyone in the courtroom and the judge AND the two police officers waiting to handcuff him...


51 posted on 06/26/2014 8:32:39 AM PDT by Mr. K (Palin/Cruz 2016)
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To: BenLurkin; Lazamataz

Give Laz a call.


52 posted on 06/26/2014 8:34:16 AM PDT by Army Air Corps (Four Fried Chickens and a Coke)
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To: super7man

And if you slip the driver $100, you can keep the other $900


53 posted on 06/26/2014 8:42:45 AM PDT by muir_redwoods (When I first read it, " Atlas Shrugged" was fiction)
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To: Starstruck
Seems to me that it’s time to tent the house and fumigate.

I see fumigating a house that way on TV but I have never seen it actually done around here. What is the purpose of it? Is it something that is done a lot in California and thus shows up on a lot of TV shows?

54 posted on 06/26/2014 8:50:24 AM PDT by KarlInOhio (The IRS: either criminally irresponsible in backup procedures or criminally responsible of coverup.)
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To: KarlInOhio
I see fumigating a house that way on TV but I have never seen it actually done around here.

I've never seen it done either except on TV. I was just thinking about "How do you get rid of unwanted critters" and it popped into my mind.

55 posted on 06/26/2014 8:56:05 AM PDT by Starstruck (If my reply offends, you probably don't understand sarcasm or criticism...or do.)
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To: headstamp 2

And this story is why you never want to sublet a room in your house.


56 posted on 06/26/2014 9:06:12 AM PDT by peteyd (A dog may bite you in the ass,but it will never stab you in the back.)
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To: wideawake

“I prefer not to.”


57 posted on 06/26/2014 9:08:54 AM PDT by Bigg Red (31 May 2014: Obamugabe officially declares the USA a vanquished subject of the Global Caliphate.)
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To: clearcarbon

That is just toooooo funny!!!!!!!.
My abs have not had a work out like that in awhile.


58 posted on 06/26/2014 9:09:03 AM PDT by peteyd (A dog may bite you in the ass,but it will never stab you in the back.)
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To: BenLurkin

CRAOIG’S LIST??? NO SALARY????? What the HELL did they EXPECT!!! They CREATED this monster!


59 posted on 06/26/2014 9:10:55 AM PDT by Ann Archy (Abortion.....the Human Sacrifice to the god of Convenience.)
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To: Starstruck
I've never seen it done either except on TV. I was just thinking about "How do you get rid of unwanted critters" and it popped into my mind.

The internet answers all things. It looks like the main bug which fumigation tents kill are drywood termites which live inside the house. Around here the termites are all subterranean so they live underground and commute into your house to eat. Thus local treatment is to either pump in a poison barrier around the foundation (something nearly every house around here has had done) or the more recent method of baiting and poisoning the nest. Separate the underground nests from the house and the worker termites inside won't stay for long.

I guess California has drywood termites living inside of houses so that's why it shows up on TV, like the "Chicago" palm trees in National Lampoon's Vacation.

60 posted on 06/26/2014 9:21:50 AM PDT by KarlInOhio (The IRS: either criminally irresponsible in backup procedures or criminally responsible of coverup.)
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