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Did The Nanny That Wouldn't Leave .... Umm ... Leave?

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Jun 27, 2014, 6:51pm   #1
Echoes's Avatar
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Echoes
NoWhere Atoll
Quote:
(CNN) -- Ralph and Marcella Bracamonte's California home has become their personal hell.

They fired their live-in nanny this month, but the woman -- Diane Stretton -- has refused to move out, and the couple has little legal recourse to evict her.

"I fired her June 6 and she refused to leave, saying she had rights and I needed to evict her," Marcella Bracamonte told CNN on Friday. "She quit working about a month before I ever fired her -- she would just stay in her room."

How bad did it get?

"She threatened to sue me after I didn't turn the air conditioner on," Bracamonte said, adding that Stretton "wrote me this long letter with all her terms and what she wanted -- she wanted my family out of our home for certain hours everyday -- it was crazy."

CNN has left repeated messages at the cell phone number that Bracamonte provided for Stretton but received no reply so far.

According to the Bracamontes, Stretton started out fine when they hired her March 4 after running a background check. In exchange for room and board, Stretton was expected to help out with household chores and child care at their home in Upland, about 35 miles east of Los Angeles.

But once she gained the family's trust, they said, Stretton stopped working and stayed in her room.

They sought help from law enforcement and were told that Stretton was legally permitted to stay in the home.

Sgt. Don Dodt with the Upland Police Department told CNN that in general, once someone has established a residency in a home, the landlord or owner of the property must go to court to get the person evicted.

Typically, the police department can only take a keep-the-peace type of role in such a case because it is a civil dispute. The sheriff's department would carry out a forceful eviction if ordered by the court.

The family is working its way through the legal eviction process, but why not change the locks and refuse to allow Stretton in the home in the meantime? The nanny threatened to sue, and California tenant laws are in her favor so she would likely win.

Bracamonte tells CNN her family has too much to lose.

While their case moves through the courts, the family has turned to the media for help.

"Don't worry -- I will ruin her publicly! But she will NOT take a dime from us!" Marcella Bracamonte wrote on her Facebook page.

She accused Stretton of filing frivolous lawsuits before. CNN confirmed that Stretton is on the California Courts' Vexatious Litigant List, a list of people who continually bring legal action, regardless of merit, against others with the sole intention of harassment. CNN found dozens of lawsuits filed by Stretton in California over the years.

The family has been interviewed on TV and Bracamonte says she wants a constant barrage of family and friends at the house to pressure Stretton to vacate.

"I need help! I need A TON OF FRIENDS TO COME STAY AND HANG WITH ME AT MY HOUSE! Sleep in the living room all spread out to annoy her!" Bracamonte wrote on Facebook.

Perhaps it's working. Friday, Bracamonte said Stretton "hasn't come back to the home since yesterday morning around 5 a.m."
http://www.cnn.com/2014/06/27/us/nanny-squatter/
Jun 27, 2014, 6:55pm   #2
boxermom's Avatar
boxermom
Member
I have no words.............people (the nanny) are batshi!! crazy.
Jun 27, 2014, 9:52pm   #3
pinkkitten74's Avatar
pinkkitten74
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Bsc
Jun 27, 2014, 10:25pm   #4
k2sealer's Avatar
k2sealer
I only wear live fur
I saw this on the news today and was flabbergasted. The reporters also said that the nanny is know to file lots of merit less lawsuits. They had a word for it, but I cant remember what it is.
Jun 28, 2014, 12:17am   #5
Luvbolide's Avatar
Luvbolide
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Originally Posted by k2sealer
I saw this on the news today and was flabbergasted. The reporters also said that the nanny is know to file lots of merit less lawsuits. They had a word for it, but I cant remember what it is.


She has been found to be a vexatious litigant - she has to get Court permission to file lawsuits. Looks like she has been on the list for years. Sounds like she is a complete whack job.
Jun 28, 2014, 12:18am   #6
k2sealer's Avatar
k2sealer
I only wear live fur
Yes. That was the word. Vexatious. Awesome word.
Jun 28, 2014, 12:30am   #7
boxermom's Avatar
boxermom
Member
Originally Posted by k2sealer
Yes. That was the word. Vexatious. Awesome word.
I've never heard the term before but some people surely qualify. That family is held prisoner in their own home by this nut!

Thanks, Luvbolide and k2sealer.
Jun 28, 2014, 11:39am   #9
Swanky Mama Of Three's Avatar
Swanky Mama Of Three
Seems the family should've done more background searching. . .

EXCLUSIVE: 'Nightmare nanny' was homeless for nine years and sleeping in her car when hired through Craigslist as it emerges she's now disappeared amid furor over squatting of family home

The California ‘nanny from hell’ who made headlines by refusing to leave after getting fired has finally gone as it emerged Friday that the 64-year-old woman was homeless before being hired as a caretaker.

Marcella and Ralph Bracamonte, of Upland, said their children’s former babysitter, Diane Stretton, left the house early Thursday morning and never came back.
Mrs Bracamonte, a mother of three, said when Stretton took off at around 7am, she gave no indication that she was not coming back since all of her belongings stayed behind.


Good riddance? Diane Stretton, 64, left the home of her former employers early Thursday morning and never returned



First sighting: Stretton turned up Friday night hiding under a windshield cover in her car parked outside a police station

The family can only wonder at Stretton’s next move and are concerned that she may yet make a comeback, ABC News reported.
On Friday night, the 64-year-old Stretton was spotted by KTLA cameras sitting in her car outside the Upland police station.
Stretton refused to comment and instead concealed herself beneath a blue windshield cover.
The California family have found themselves in the extraordinary position of being unable to evict their live-in nanny after she refused to do any work around the house and to leave.

Mrs Bracamonte, 31, has claimed that Stretton has threatened to sue her family for wrongful dismissal and abuse of the elderly and incredibly, has told them she wants them out of their own house daily between 8am and 8pm.

Upland resident, Bracamonte, and her husband Ralph, hired Stretton March 4 using Craigslist to help with their three children, ages 11, four and one, but when they tried to evict her, police told them they could do nothing as it was a civil matter.


Stumped: Marcella and Ralph Bracamonte with their three children, ages, 11, 4 and one

'The first few weeks she was awesome,' said Bracamonte to ABC News about her squatter. 'She would come places with us, help out the kids. She was really great.'

But overnight things changed for the stay at home mother and her electrical contractor husband.
'All of a sudden she stopped working, she would stay in her room all day and only come out when food was ready,' said Bracamonte.


Rough living: Kimberly Whitcomb, a friend of the rogue nanny, said she has been homeless for about nine years

The family recently started securing the doors of their refrigerator with a bicycle lock to prevent their unwelcome guest from eating their food.

Kimberly Whitcomb, a friend of the rogue nanny, told MailOnline: ‘She’s been homeless for about nine years. She was staying in the homeless shelter (Path of Life) in Riverside.
‘She was struggling and looking for another place and I said check Craigslist, they always have all kinds of odd stuff on there.
‘She found the nanny job and I encouraged her to go for it.’

Kimberly,- who lived in the same apartment block as Stretton’s son, Michael, and began collecting her mail for her when he moved to Arizona, even provided a reference for her friend.

‘She got an interview with the lady and went out there and saw her. She used me as a personal reference and she had another friend from the shelter as a personal reference,’ said Whitcomb. ‘I spoke to the woman Marcella, I recommended Diane as a good person, as a nanny and as someone you can trust.

‘She’s very professional, she’s got a master’s degree in something, I think it’s biochemistry. But she has health issues, osteoporosis and arthritis.’

Stretton recently lost her spot at the homeless shelter and was living in her car with a suitcase of her possessions.


This is the Riverside Community Shelter where Diane used to sleep at times when she was homeless

Asked if the Bracamontes were aware Stretton was a homeless person, Kimberly said: ‘No, I don’t think so. They didn’t ask that and I didn’t volunteer it. I think she had been in her car a couple of days at least [when she got the job.
‘When she [Diane] got it she was real happy about being able to have her own place... she was like “I’m really glad I found this place, it’s a nice area.” She said it was nice and roomy. I think she did like the family, she said they gave her a hug and the kids were cute and all that.’

However, having seen the news reports about the family's anguish to have her leave – Whitcomb urged her friend to move out.
She said: ‘I think she should move out, but I don’t honestly know what the problem is.
‘It’s hard to defend her because I don’t know all the facts. It might have been a situation where they just got into a disagreement and it just accelerated out of control from there.
‘Maybe she’s battling some kind of depression or mental illness that we’re unaware of. There’s got to be something physical going on that’s affecting her emotionally that makes her unable to work and keep her promises.
‘She could be in a lot of pain. I would think she would want to go to the doctors and check it out and find out what could be done. I’m concerned for her.
‘She probably should be evaluated by a psychiatrist to find out what’s really going on.’

Stretton told Ralph and Marcella that she was suffering from chronic obstructive pulmonary disease and that she was unable to leave her room and help with the kids.

Initially concerned for her, the Bracamonte's decided that they couldn't have her living in their home anymore when she simply refused to do anything around the house.

However, serious problems began June 6 when they came to her with what they called a 'last chance letter', which outlined the terms of their initial agreement and threatening her with eviction if she continued to do nothing.

Silent treatment: When local news asked the nanny why she had not left the home yet they received no reply

Stretton refused to sign it and said that she would be leaving in 30 days anyway as the stress of the job had become too much for her.

At this point, they asked the 64-year-old to leave and served her with legal papers, but Stretton counter-sued and a judge ruled in her favor because the Bracamonte's did not complete a three-day quit notice correctly.

'When I asked her why she wouldn’t sign the letter she said ‘It’s not legal,’ and slammed the door in my face,' Bracamonte told ABC News.
'Once she said the word legal, I knew it wasn’t going to be fun.'

Police told the Bracamonte's there was nothing they could do.

'They told me it was now a civil matter,' Bracamonte said, 'and I have to legally evict her,' said Marcella Bracamonte to CBS2.

'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.'

Legal problems: The Bracamonte's have said that they can't believe the battle to have Stretton removed

John Moore of the Upland Police Department confirmed to ABC News they cannot do anything at the moment because, 'generally, once somebody has established residency, you have to go through a formal eviction process.'

Ralph Bracomnte said that his frustration is like a nightmare.

'Now, this person is in our house,' he said to CBS2, '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.'
Jun 28, 2014, 11:39am   #10
Swanky Mama Of Three's Avatar
Swanky Mama Of Three
And as the Bracamonte's discovered, this was not the first time that Stretton has clashed in the courts with families - including her own.

She has been involved in 36 lawsuits, ensuring she has made California's Vexatious Litigant list, for abusing the system.

'Anyone who looks at her crooked, she sues,' said Bracamonte.



Legal aid: The family have retained the services of attorney Marc Cohen (pictured) to help them though the eviction process

MailOnline visited Riverside County Court where several records of her cases are kept. Under her name are cases involving traffic accidents, estates, appliance purchases and even a rental car. Other claims involve disputes with family members.
In one claim from 1999 she claimed she was owed $5,000 from Taylor's Appliance Inc in Riverside because of ‘Damage to tile entry & kitchen floor & damage to refrigiator that occurred during delivery.’

The case was eventually dismissed in December 2000.

In a 2006 judgement she was deemed a ‘vexatious litigant’ because of her prolific filings.

Kimberly said: ‘She was married and lived in Lake Forest where they raised their children. They had a nasty divorce it got really hostile and limiting and all his assets were put in somebody else’s name so she couldn’t get them.

After her marriage fell apart, Stretton’s sisters had her evicted her from the condo where she moved.

‘From what she told me somehow her two sisters swindled her out of it,’ said Whitcomb. ‘Her dispute with her sisters was the only thing we ever talked about. It’s been years, she said she’s been homeless for about nine years and struggling to get this condo back through litigation.’

According to the friend, Stretton’s son would let her stay over sometimes (until he moved to Arizona in March) but she was largely homeless.

She said: ‘As far as I know they got along well, but it was a one-bedroom apartment and he was like, “Mom, I have a girlfriend, I need some privacy” kind of thing.


Character witness: Linda Corbin, the Upland family's neighbor, said the nanny appeared unfriendly and elusive, and rarely went outside with the children
'I’ve only saw her maybe once when I waved to her and she didn’t wave back,’ said Corbin. ,

When MailOnline visited the family's home on Friday they were inside with a crew from ABC News filming an exclusive interview and they were declining to speak to other reporters.

Marc Cohen, a newly hired lawyer representing the family, addressed the scrum of reporters and television cameras camped outside the house Thursday afternoon, saying that he will be going back to court next week to reapply to get Stretton evicted.

‘The notice that was served to Miss Stretton was defective, the complaint was also defective so they have to essentially start over at this point.

‘She’s a tenant, her belongings are here. She does have a right to possession; we would like to come to some sort of agreement regarding her moving out.
‘Legally, she does have a right to possession, to come in and out of the house, the landlord cannot cut off services, change the locks, anything like that.

‘The way an unlawful detainer (an eviction) works there either has to be a notice or grounds for terminating the tenancy. Here the tenancy was based on employment. Her employment has been terminated [and] at that point her tenancy has also been terminated with her employment, and we’re just asking her to leave.’

Asked how long it could take to get her out, Mr Cohen said: ‘It’s going to depend on how quickly the court process moves. Unlawful detainers, also known as evictions, can take anywhere from four to six weeks. If everything moves very quickly [but] if she really fights and gives us a hard time, it could take months.’

Mr Cohen revealed there was never a contract drawn up and the agreement between the Bracamontes and Stretton was verbal.

Asked how the family are coping, he said: ‘It’s very difficult having someone in your house who you don’t want there, who doesn’t want to leave and you can’t do something about it except going through the court process which takes a lot longer in California then people would like. Other states move much more quickly, states like Arizona usually you can get someone out in ten days.’

Cohen urged anyone thinking about hiring a live-in nanny off Craigslist to do their research and thorough background checks.

Many of the lawsuits had been filed by Stretton against her two sisters in an attempt to block the sale of family property.

Read more: http://www.dailymail.co.uk/news/arti...#ixzz35wrRtbQa
Jun 28, 2014, 11:52am   #11
Echoes's Avatar
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Echoes
NoWhere Atoll
I don't really see how tenancy applies. See was an employee, not a boarder/roommate. The house was her place of employment, not her residence as such. Her only reason for staying there was based on employment. When employment ends, one can be barred from being in the place of employment.
Jun 28, 2014, 1:34pm   #12
M
Mitzy
Member
For the poster who asked about Bsc --

Bat **** crazy
Jun 28, 2014, 2:35pm   #13
ArmCandyLuvr's Avatar
ArmCandyLuvr
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She was homeless for nine years, and yet she had the time and money to keep filing lawsuits against people? If she spent half as much time getting her act together as she did suing people, she might do something meaningful with her life.
Jun 28, 2014, 3:04pm   #14
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HermesNewbie
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Originally Posted by Echoes
I don't really see how tenancy applies. See was an employee, not a boarder/roommate. The house was her place of employment, not her residence as such. Her only reason for staying there was based on employment. When employment ends, one can be barred from being in the place of employment.
Exactly!
Jun 28, 2014, 3:33pm   #15
rubycat's Avatar
rubycat
Member
Originally Posted by Echoes
I don't really see how tenancy applies. See was an employee, not a boarder/roommate. The house was her place of employment, not her residence as such. Her only reason for staying there was based on employment. When employment ends, one can be barred from being in the place of employment.

From what I read, it was an exchange of service, room and board for nanny and housekeeping. Just my opinion, she is older and somewhat mentally ill, was unable to cope with the job requirements. Now, let's talk about finding a live in nanny on Craig's list who will work for only room and board.
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