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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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I wouldn’t have filed any legal papers. just wait until she leaves and change the locks. If she calls the cops, just tell them she was a “babysitter” for a week and never lived there. her job was over, and she left on her own, but they caught this criminal woman illegally trying break in & trying to burglarize their home. It’s their word against hers.


61 posted on 06/26/2014 10:11:54 AM PDT by snowstorm12
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To: BenLurkin
For the time being, officials told the couple the nanny can come and go as she pleases.

Change the locks. Let HER pay out for the legal costs to get access.

62 posted on 06/26/2014 10:54:29 AM PDT by a fool in paradise (The new witchhunt: "Do you NOW, . . . or have you EVER , . . supported traditional marriage?")
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To: LostInBayport

At the request of Kofi Annan, back in 2003, Yoko Ono’s Greatest Hits was been removed from the Gitmo playlists as cruel and usual punishment to Terrorists. Scotland Yard considered applying for a license so that they could legally continue to use the recordings in London. The Yoko Ono Caterwalling worked great to clear Piccadilly Circus of noisy teenagers. “All the Blokes, all the Birds, they just went away overnight. It was great!”//


63 posted on 06/26/2014 10:54:59 AM PDT by lee martell
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To: Gaffer

Hippie squatter. Possibly pulled this stunt her whole adult life.


64 posted on 06/26/2014 10:56:20 AM PDT by a fool in paradise (The new witchhunt: "Do you NOW, . . . or have you EVER , . . supported traditional marriage?")
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To: TheThirdRuffian
I always used the deposit for that approach.

Yeah, that works too. Basically that is what I was doing. Guaranteeing the tenant their deposit back if they got out. The $1000 was really their money.

People that hired the nanny though probably did not get a deposit.

65 posted on 06/26/2014 2:09:24 PM PDT by super7man
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To: NEMDF

Yes, I sort of left out the details but as you have stated it, is exactly how I would do it.

I found that the shock value of an even $1000 really got the tenant’s attention.
$300, No go.
$500, I’ll think about it.
$1000, I’m outta here.

And in the larger picture, $1000 was cheap as a last resort to get a problem to move on. I was sort of a win-win.


66 posted on 06/26/2014 2:18:01 PM PDT by super7man
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To: latina4dubya
they need to stop penny-pinching and hire a lawyer

You are exactly right. Time is money. If you do not know the process, hire a lawyer.

Judges have no patience for forms that are not filled exactly perfectly. If it is not perfect, you do not pass GO and you start over.

67 posted on 06/26/2014 2:22:57 PM PDT by super7man
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To: bboop
Um, change the locks?

Constructive eviction.... big trouble..... don't do it.

Even as tempting as it might be.

68 posted on 06/26/2014 2:24:10 PM PDT by super7man
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To: dangerdoc
So I guess, I can quit collecting snakes?

Yeah, probably a good idea.

69 posted on 06/26/2014 2:25:04 PM PDT by super7man
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To: snowstorm12
It’s their word against hers.

This approach can work but is dangerous.

If you end up in court, which you may, it is all about who has the most plausible story. The nanny might make a pretty good case.

Plus it's not a good strategy to commit perjury in court. People try and do it all the time, but the judge has usually heard it all before. He will see it for what it is.

70 posted on 06/26/2014 2:34:32 PM PDT by super7man
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To: muir_redwoods
And if you slip the driver $100, you can keep the other $900

;o) Very tempting. But if I promised a tenant $1000 to get out and they get out, they get the $1000. That way I don't have to look over my shoulder.

71 posted on 06/26/2014 3:03:22 PM PDT by super7man
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To: lee martell
At the request of Kofi Annan, back in 2003, Yoko Ono’s Greatest Hits was been removed from the Gitmo playlists as cruel and usual punishment to Terrorists.

They probably begged to be waterboarded instead!
72 posted on 06/26/2014 4:31:52 PM 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: super7man
You are exactly right. Time is money. If you do not know the process, hire a lawyer. Judges have no patience for forms that are not filled exactly perfectly. If it is not perfect, you do not pass GO and you start over.

indeed... i work for a couple of lawyers, and people hire them to do proceedings like this all the time... sometimes we get clients who first tried on their own, but kept messing up along the way...

73 posted on 06/26/2014 6:39:20 PM 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: snowstorm12
I wouldn’t have filed any legal papers. just wait until she leaves and change the locks. If she calls the cops, just tell them she was a “babysitter” for a week and never lived there. her job was over, and she left on her own, but they caught this criminal woman illegally trying break in & trying to burglarize their home. It’s their word against hers.

when it comes to these things, that is playing with fire... they already messed up big... now they need to get a lawyer to do their paperwork... enough of this Craig's List-trying-to-save-a-few-bucks-and-trying-to-do-our-own-paperwork shenanigans...

74 posted on 06/26/2014 6:43:37 PM 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

“But if I promised a tenant $1000 to get out”

I’m guessing you had them sign a piece of paper as well?


75 posted on 06/26/2014 6:54:16 PM PDT by 21twelve (http://www.freerepublic.com/focus/f-news/2185147/posts 2013 is 1933 REBORN)
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To: 21twelve

Oh yeah.


76 posted on 06/26/2014 10:01:11 PM PDT by super7man
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To: super7man

My mom had a renter run out on her. An older gal, never did find out what happened to her (or the two months back rent). She left her nightgown, toothbrush, luggage - everything (a house rental).

My mom had to store everything for many months as I recall in case the lady showed up again. She may have even had to place ads in the newspaper (this was 25 years ago). “Well, I didn’t store EVERYTHING. That would have needed two more lockers. I gave the firewood away, threw out six big piles of old newspapers and magazines, some broken chairs, a moldy mattress......”


77 posted on 06/26/2014 11:12:40 PM PDT by 21twelve (http://www.freerepublic.com/focus/f-news/2185147/posts 2013 is 1933 REBORN)
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To: 21twelve

Being a landlord is not for the faint of heart. I know exactly what you are talking about. There good tenants and bad tenants.

I had a tenant disappear, left mostly junk that I could legally throw away (value less than $250) but in the back shed he left a Harley. I had to store it for 6 months. After that I could legally sell it. Any excess over the storage fees I would have to give to the tenant if they ever showed up. Guy has never showed up (25 years ago).

Two main things I learned:
1) It is a business, treat it like any other business. Every tenant has a sob story, but that does not relieve them of having to pay rent and taking care of MY house.
2) It is better to lose a month’s rent letting a house stay vacant at the beginning, to find the right tenant than it is to lose 6 month’s rent at the back end because you put the wrong person in there. (I got pretty good a picking good tenants.)


78 posted on 06/27/2014 6:16:01 AM PDT by super7man
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To: latina4dubya

A similar situation:
My neighbor let a woman stay at his home because she had nowhere to go. She moved in and stayed. After a few months he could not take it any more and told her to leave. A big argument ensued so the cops were called.
They told him that as long as her driver’s license had that address on it, and it did, and she received mail there, and she did, she could not be thrown out.
She eventually found another sucker to put her up and moved out...................


79 posted on 06/27/2014 11:00:12 AM PDT by Red Badger (I've posted a total of 2,743 threads and 84,837 replies.)
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To: BenLurkin

80 posted on 06/27/2014 11:01:26 AM PDT by dfwgator
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