A California family is confused about what to do with a live-in nanny they say refuses to work, refuses to be fired, and refuses to leave. According to ABC News, Marcella and Ralph Bracamonte of Upland, California, hired a nanny on March 4,2014. The nanny was Diane Stretton, 64. The terms of the agreement were that Stretton help with their three children, ages 11, 4, and 1, as well as help with tasks around the house in exchange for room and board.
The couple notes:
We’ve done it before and have never had a problem. I was a stay-at-home mom and thought it would be good to have someone around to help out.
Things didn’t immediately start off bad. In fact, Marcella says, “The first few weeks she was awesome.”
She would come places with us, help out the kids. She was really great. Then things changed. All of a sudden she stopped working, she would stay in her room all day and only come out when food was ready.
Once the nanny stopped doing her duties, the Bracamonte family gave her a “last chance letter” stating the duties they expected of her or she would need to leave. The nanny refused to sign the form, stating she would be leaving in 30 days anyway. Afterwards, the Bracamonte family put the 30-day notice in writing, but again Stretton refused to sign, saying if they forced her out she would press legal charges. At this point, the Bracamonte family knew they were in trouble.
Unfortunately for the family, it appears the law is not on their side in this particular instance. Though terms were set for employment, the issue is now a “civil matter” according to California law. The Bracamonte family must go through formal eviction proceedings giving a formal and legally thorough eviction notice to the nanny. John Moore of the Upland Police Department confirmed the statement saying:
Generally, once somebody has established residency, you have to go through a formal eviction process.
Stretton is no newbie when it comes to filing lawsuits. In fact, Stretton has filed 36 lawsuits, landing herself on California’s Vexatious Litigant Lists for repeatedly abusing the legal system, but still the California courts will do nothing to help the Bracamonte family remove the nanny-legally- from their home. CBS Los Angeles notes a judge 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, this means another 30 days before any legal action can be taken.
The Bracamonte’s are confused and frustrated. Marcella feels completely helpless, stating:
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.
Ralph is also concerned for his family’s safety, noting, “Now, this person is in our house 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.”
Nanny problems are sadly too common. Such as this case when a nanny caught on camera assaulting an 18-month-old child walked away free.
What do you think about the nanny that won’t leave? What legal action should the Bracamonte family be able to take against Diane Stretton?