UPDATE: Nanny Diane Stretton has left the property, according to Marcela Bracamonte. The nanny left Thursday morning, but her belongings are still in the space that was once her room, Bracamonte tells ABC News.
Stretton threatened to file a lawsuit against the family that was her former employer, but as of Saturday morning it is unclear if any legal action will be taken.
In March of this year, Ralph and Marcela Bracamonte hired a nanny, Diane Stretton, to live in their home in exchange for her work.
In time, things spiraled for the worse, and the Bracamontes decided it was time to let the nanny go. Stretton, however, decided that just because she was fired doesn't mean that she has to move out.
"So this lady is welcome inside my house anytime she wants to eat my food anytime she wants and harass me, basically," says Marcela Bracamonte. "I'm now a victim in my home." (Via KCBS)
How is it that the family has to live with the nanny they say stopped properly caring for their three children?
Landlords must give tenants written notice with a deadline, usually 30 or 60 days, outlining that if the tenant doesn't change his or her behavior in that time frame, that person will be kicked out. (Via Judicial Council of California)
ABC reports the Bracamontes gave nanny Stretton this notice at the beginning of June, reminding her of her responsibilities and outlining the consequences for not performing those duties. Stretton refused to sign the letter, saying it wasn't legal, but said she'd be moving out in 30 days.
But soon the Bracamontes say they learned Stretton had no intention of leaving their home. And in any case, she was right that the Bracamontes hadn't properly served the so-called "three-day quit notice." And when it comes to eviction, landlords are not allowed to evict a tenant without a court order.
And because of that, Ralph Bracamonte explains to KTLA the law was on Stretton's side in this case.
"If we were to lock her out of the house, she could sue us," he said. "If we were to grab her stuff and throw it out, she could sue us."
Throughout this legal process, the Bracamontes have learned some unsettling details about their nanny, namely that she's apparently filed a lot of lawsuits.
Stretton has been so involved in the legal system that she's listed on California's Vexatious Litigant List, meaning the state believes she's been abusing the system. (Via Judicial Council of California)
The Bracamontes have now served Stretton with the correct notice papers, but said Stretton has threatened to sue them for wrongful termination and elder abuse. If she still refuses to move out, the case will be settled by a judge in civil court.
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