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Family says ‘nightmare nanny’ refuses to move out after being fired

UPLAND, Calif. — A couple in California are living what they describe as a “nanny nightmare.”

Marcel and Ralph Bracamonte fired their live-in nanny three weeks ago after she refused to work or even come out of her room, according to KCBS.

In March, Marcella Bracamonte placed an ad on Craigslist looking for a retiree to watch her three children and help around the house in exchange for room and board.

The couple said the first few months with the nanny “were good,” but she soon stopped working and complained of health issues.

They decided to ask 64-year-old Dianne Stretton to leave. But she refused to go.

“She said, ‘if you want me to go, you’ll need to evict me. I have rights,’” Marcella Bracamonte said.

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.

“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.

The Bracamontes said they tried everything to get the unwanted nanny to leave, even turning off the cable and internet and locking the refrigerator at night.

But that only made things worse, the couple said.

Instead of leaving, the couple said Stretton threatening to sue them for breach of contract, wrongful termination and false imprisonment.

The couple claimed they recently discovered that Stretton had been involved in 37 lawsuits and had even sued several of her own family members.

Source: KCBS

35 comments

  • NobodyAtAll

    Only in America..Or maybe just California..Would think that by not leaving after being fired, that she would then be the same as any other intruder..

  • Bran

    only in America does a criminal have more rights than a victim. She wasn’t doing her job, she was fired, she should be considered trespassing. no wonder people badmouth us all the time.

  • Me,Myself and I

    I would throw her out regardless. The family bought their home and they have rights and I can bet that no judge in his/her right mind would side with the nanny! That woman and her things would be on the street if I owned the house!

  • Mark Stabler

    Just another example of the decline of this country. When you can not determine who lives in your own home there is nothing left. Pack her up and take her over to the Judge’s house. Let her stay with him/her for a few weeks.

  • Me,Myself and I

    For those looking for nannies….DO NOT go through Craig’s list….go to a reputable Nanny agency with background checks!

    • Paul Andrew Dixon

      genius! and then when it goes to court and they have no evidence and and turns out they falsely accused her – they would lose everything…and what parents would bring their children into a legal battle just because as parents they allowed a lady off craig’s list to enter the house… those poor kids would be subjected to questioning, and possibly an investigation into the parents as to why they lied, why they used their kids, and why they can’t manage… by the sounds of things she is a stay at home mom who can’t manage 3 kids, they wanted to cut legal costs and avoided a nanny agency – typically this nanny, for what she does, would get room and board PLUS and allowance AND at least one day off a week with set hours whereby she is not disturbed for each day – by the sounds of things, this family had a 64 year old woman come in and then they called on her 24/7 and expected her to help out with everything at anytime – that isn’t legal, and they probably ran her into the ground and over works a 64 year old woman – shame on them!!!

    • rebecca

      this is so wrong..the law needs to take action and help them get that nanny out of thier house and lives..she sounds like she has done this before

  • Ty

    I am sure that is great for their young children, to have a terrorist in the house. Why don’t they just call the cops, and get her to leave. This nanny, won’t win any lawsuit, trust me.

    • FaithC

      Because if they lock her out she can call the cops on them for keeping her out of her legal residence. When my friend went through this I could not believe the way the laws are against the homeowner. If you think it is your property and you can do as you want on it…think again.

  • FaithC

    I know someone who went through this with a roommate. People do not realize that once someone can call a place their home for more than 30 days the only way to get them out is to evict them with the help of a lawyer.
    If you own a property and it is sitting empty and someone just moves in without your permission or you knowledge, as long as they can prove they have been living there for 30 days, you can not just have them removed. You have to go through the courts to have them evicted even if they never had permission to live there in the first place.
    You have to love our laws, all for the criminal and nothing for the victim.

  • Tom

    if the lady says the contract was breached she is right, the day she refused to do her job she legally breached the contract and should have been made to leave the premises because it was a job not just letting someone stay/live with them,
    I think the judges these days don’t look at things in the law books I think they just use enough of it and their own attitude to make decisions and she should be put out and sued herself,

    • Paul Andrew Dixon

      depends on the wording of the contract – if it is worded that “upon breach of contract the contract between the employer and employee will be void resulting in the employee having 30days to leave the premises.
      But at the same time, the old lady claimed that she couldn’t work due to health issues (we don’t know the full story, but if the family were made aware of this before, or this was brought on by stress from the family, then she hasn’t breached contract).
      I think legally, they tried to fire her without just cause… and they weren’t realistic about the amount of work a 64 year old could do…
      ive had a friend who’s told me horror stories about families – with an agency you get ‘down time’ this is your own time to spend as you please, whereby the family does not bother you – often with agencies the family have to provide you with an allowance, a room, food, a phone, and sometimes a car – many families when they get a nanny expect that nanny to be on call 24/7 – just look at Mary Poppins as an example…even she got down time…
      i would love to here the nanny’s side… i have a feeling this family is putting on smiles etc – but in fact they were over bearing and over demanding… it’s like watching super nanny – the mother expects the nanny to take over, when in fact modern nanny’s are there to assist.

      The law is there to protect both parties – don’t be quick to judge!!!

      • Stacie Love

        Paul, you’re going throughout the thread defending this psycho, so either she’s your mom or your a fellow squatter :-)

  • Tom

    also if you let anyone come into your house to do employment, stay a couple of days whatever put it in their contract that if for any reason they are terminated or anything doesn’t work out they have to leave immediately or in a short period that you think is best then they will have no recourse against you!

  • 2Cents

    After having my own eye opening experience with our civil justice system (Kernersville civil court–to be exact)….this does not surprise me at all. Criminals feed on people everyday, and our justice system does very little to prevent it. This lady is a scammer, she has no doubt done this type of thing before and will no doubt do it again.

  • Postal Annex (@dilanp07)

    “A judge also ruled in the nanny’s favor because he said Bracamonte did not fill out a three-day quit notice correctly.”
    I’m not an expert in legal proceedings but maybe this couple should hire a lawyer instead of filing out papers themselves. Cutting corners like looking for a craiglist nanny is what got them in this mess.

  • Me,Myself and I

    The nanny has preyed on other people…she is a sick lady and needs psychological help! I would kick her out as fast as I could after changing the locks and deal with the law later! She doesn’t belong there.

  • Amanda Lark

    what a parasite – I would bash her in the head with a shovel and throw her off of a balcony………trashy people like that taking advantage of decent people are absolutely the worst………and I have no patience with them………clearly she has a screw loose and is just plain lazy and sorry.

  • Paul Andrew Dixon

    I’m for the nanny – They specifically wanted an older lady to come out of retirement to take care of their children and their home – more or less she has become part of the family, like an adopted grandmother…
    The agreement for her work, was a place to live (room and board) – she gave up her home etc to move in with them…
    She old, they can’t be that stupid to not know that old people get sick more often (obviously they wanted a cheaper nanny and cut corners… they found her on craig’s list… good lord)
    It also doesn’t say how sick the nanny was – quite possibly she could have had some health issues and required some time alone and so refused to work – the family were then quick to fire her…

    And yes, if you welcome someone into your family with a verbal or flimsy contract, and give them a room to stay – you are more or less giving them a home…

    moral of the story – take care of your own kids (and if you can’t, and you really need a nanny, then go to a recommended agency… make sure you have a proper contract made up that is legal and states when she gets time off, what happens if she’s sick, etc – although with an agency most of this is sorted by them and you can change the nanny if you’re not happy)

    And when they’ve been told she can legally be their, and they try to force her out but cutting off food, locking certain areas, etc – they are cutting off her right when they are in the middle of a legal battle that is currently on the nanny’s side – this is just making things worse – she’s gonna get evicted eventually BUT she’s gonna sue, and she will get the money because she’s old and this family haven’t done things by the books…

    i still stand by the point – if you can’t take care of your own kids, you should never have had kids… so many other people find ways to manage, and they can’t afford a nanny.

    • Stacie Love

      Paul she’s a scam artist, but I’d torture her in the worst way (where she couldn’t prove it). She would not want to eat the dinner I’d serve her. Her lunch meat would be dropped in the toilet then served to her. If the courts stopped by to check on her wed have gourmet food. But, as soon as they left she be back to urine pasta. My family would be so loud she’d want in every way to leave.

  • Shawn Ulibarri

    IV had this happen b4. Hint: If the roommate is hostile toward a person in a home or a child ex physically….. they will be thrown in jail. After that filling for emergency restraining order on the safety of the children Or you use a more difficult way abs that issuing a licence to stay there. The twist is that every license is revokable. So once the terms are violated that’s terms for eviction. Ask an attorney about it I know them 2 are used allot in courts

  • Krista

    How nice that our legal system is promoting an unsafe environment for the kids. This couple also needs to stop cutting corners (Craigslist for Nanny, needs legal advice for termination/eviction)

  • its my business

    Technically, and the way the contract was written, she could be thrown out on her bum. ) if written correctly) Another way to nip it in the bud is to hire a real Nanny that takes over the space and responsibiities. The new Nanny then requires rights to the room and run of the house. The other Nanny can be movd to a basement sofa until she finally gets her eviction notice for not taking care of the children or her special duties as outlined in their agreement. We’re playing hardball here people. Regardless of where the family found the Nanny for hire, doesn’t matter. She’s gone for lack of job performance. I had a similar situation happen with me and decided to pop in on my Nanny who was looking after my boy while we worked. I poppoed in to my home to grab a sandwich and found her balling her eyes out on one of my sofas. Luckily, my infant boy was upstairs and asleep. I fired her right on the spot and told her to get out or I would send a car to take her home. Brng in another Nanny, move the old Nanny’s cheese aroud an put her on a sofa in the bsement if she intends to stay. But I bet you in a New Your minute, if you brought in another qualified Nanny, then the moocher would be gone in a heartbeat. The courts would look at the fact that a replacment was needed and see mooocher was in n capacity t carry out her decribed job. Plus, she is nothing but a big wart for your children to be around. Especally if she has said she is too sick to perform her duties, as requested. If it were me, I would have a sit down at the table, tell her there’s a new Nanny coming to town since she can not procide sevices to you anymore. I would mention that she has 3 days to move. I woulld help box and bag everything up and set it next to the door. I would aso offer a stipend equivalent to a month’s pay. Can you tell I am passionate about this? Yes, I am!

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