Drudge Retort: The Other Side of the News
Thursday, June 26, 2014

A California family is stumped about what to do with a live-in nanny they say refuses to work, refuses to be fired and refuses to leave their home. Marcella Bracamonte claims that the 64-year-old nanny, Diane Stretton, has threatened to sue the family for wrongful firing and elder abuse. "The first few weeks she was awesome," Bracamonte said. "She would come places with us, help out the kids. She was really great. All of a sudden she stopped working, she would stay in her room all day and only come out when food was ready."

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Bartleby Lives!

#1 | Posted by Grendel at 2014-06-26 05:24 PM | Reply | Flag:

Is the maid's name Consuela?

www.youtube.com

#2 | Posted by Harry_Powell at 2014-06-26 06:05 PM | Reply | Flag:

Hahaha @ Grendel. Thats what I thought too.

#3 | Posted by blah at 2014-06-26 06:16 PM | Reply | Flag:

Can't they just shoot her and claim she scared them?

#4 | Posted by REDIAL at 2014-06-26 08:56 PM | Reply | Flag:

Seems the nanny is serial litigant. Apparently has sued about 36 people over the years.

#5 | Posted by USAF242 at 2014-06-26 08:58 PM | Reply | Flag:

Mary Poppins wept...

#6 | Posted by soulfly at 2014-06-26 09:14 PM | Reply | Flag:

If all else fails inform her of plans to fumigate the house.

#7 | Posted by Tor at 2014-06-26 09:25 PM | Reply | Flag:

"refuses to work, refuses to be fired and refuses to leave"

We had the same problem with a former member, until we took away his internet and he fled to Starbusks.

The Harris County Republican Party

#8 | Posted by northguy3 at 2014-06-26 09:31 PM | Reply | Flag:

Don't ever let someone live on your property without a rock solid contract, all in your favor.

rwd

#9 | Posted by rightwingdon at 2014-06-26 10:18 PM | Reply | Flag:

Don't ever let someone live on your property without a rock solid contract, all in your favor.

Absolutely.

Sounds like the woman learned from the grifters that plague the UK.

In any event, absent a lease it's a pain in the butt. The problem, when did the tenancy end? What notice is needed for for an eviction.

In TX, generally, absent a lease it is a month to month tenancy that requires minimum thirty days written notice to vacate prior to filing the eviction suit plus the time for the process to work, about another twenty or so days. Of course, that assumes the witch doesn't file bankruptcy then all bets are off and vastly more expensive.

#10 | Posted by et_al at 2014-06-26 10:42 PM | Reply | Flag:

"she would stay in her room all day and only come out when food was ready."

I suppose the simplest thing to do is stop feeding her. Once she's been told she's fired, all responsibility for room and board stops.

#11 | Posted by Twinpac at 2014-06-27 12:12 AM | Reply | Flag:

"I suppose the simplest thing to do is stop feeding her."

First I would have one last big family meal with her during which I would excuse myself and remove the door to her room.

#12 | Posted by Sully at 2014-06-27 09:40 AM | Reply | Flag:

It pays to do background searches.

#13 | Posted by 726 at 2014-06-27 10:37 AM | Reply | Flag:

When the food was ready??? Why feed her?????

#14 | Posted by nutcase at 2014-06-27 10:46 AM | Reply | Flag: | Newsworthy 1

assumes the witch doesn't file bankruptcy then all bets are off and vastly more expensive.

#10 | Posted by et_al

What are the ramifications of bankruptcy on an eviction?

#15 | Posted by DixvilleNotch at 2014-06-27 02:01 PM | Reply | Flag:

As I understand it, people like this get in somewhere, do JUST enough to make themselves 'legally' resident, and then just simply view all time from then until eviction as free lodging.

She is there for free rent, any food she can scam, and anything else she can get. Good luck recovering any damages, as she'll just plead poverty. But she only scams rich people, so its all ok.....

Step 1: Lawyer up (If I read correctly, they have).

Step two I'd recommend to the home owners is to remove all 'valuables' from the home and put them in a safe storage unit. And on valuables, I include any and all family documents, family pictures, etc. Even go so far as to get a moving "pod" placed out front and have movers put most stuff in it (a lot harder for her to vandalize stuff locked in a pod).

Step three, remove ALL food that is not under lock and key.

I'd actually leave the water on.

#16 | Posted by USAF242 at 2014-06-27 03:46 PM | Reply | Flag: | Newsworthy 1

I'm betting a nice flash bang grenade outside her window every day at 8 am would convince her to move.

#17 | Posted by Tor at 2014-06-27 04:32 PM | Reply | Flag:

If she has 'residence' I have a sneaky suspicion that she could call the cops on you for keeping her up with noise. Not certain of it, but sadly I'd bet its true.

But I'll double down on my suggestions of putting a moving Pod out front and loading about 99% of their stuff in it (to keep it safe), and making sure ZERO 'free food' is available to her.

On the last day of her residency they'd probably be smart to hire an off duty cop (with specific briefing to stop vandalism), and keep a camera running.

#18 | Posted by USAF242 at 2014-06-27 05:34 PM | Reply | Flag:

What are the ramifications of bankruptcy on an eviction?

The filing of a bankruptcy petition invokes an automatic stay, under § 362 of the Bankruptcy Code, of virtually all actions that may be taken against the debtor. As I learned it, if it would make the creditor smile it's stayed. Of course, actions may be taken in the bankruptcy court to get around the stay but it's expensive and time consuming.

#19 | Posted by et_al at 2014-06-27 06:00 PM | Reply | Flag:

1. Wait until she leaves.

2. Throw all of her stuff out onto the street.

3. Change the locks.

4. Call the cops when she tries to enter. If she complains ask for written confirmation that she has legal residence( most likely she doesn't).

5. File restraining order immediately.

6. If she tries to enter illegally call the police for a b&e, and for violating the restraining order.

7. If she never leaves the house, then simply remove all the food. And refuse to pay for food service. Eventually she will run out of money.

End of problem.

#20 | Posted by Shawn at 2014-06-27 07:27 PM | Reply | Flag:

also this from comments:

Do you own the home ? Just a thought but how about renovating ? First replace the windows, especially in her room, take them out, it could take weeks to get the "right one" put in "her domain". And absolutely remove the door to "her domain" and remove the door to the bathroom--and then see about having her arrested for indecent exposure to your children. I'd at least ask a lawyer about that and the obvious abuse to which she is exposing your children. It certainly cannot be a healthy situation for them to have a nanny who will not take care of them, and thus exposes them to dangerous situations. Maybe child services is the answer, where the children are endangered and threatened to the point of them having to stay with other family members. The courts usually waste no time in deliberating and settling those cases. And I also would consult the EEOC about an employer's rights to fire an employee for theft of income "her domain" without performing her job duties for her pay, which is exactly what she is doing. As a last resort, I would ask a family member to watch my children and then I would make the home inhabitable by loud music at all hours and certainly no food in the house. If you don't feed her she will have to go out for food. Allow no services or delivery of any kind, and delete her from your mailing address so that she cannot receive mail without having to pick it up. If no services are being rendered, you shouldn't be able to be held liable for the contract. Perhaps a contract lawyer ?

#21 | Posted by Shawn at 2014-06-27 08:04 PM | Reply | Flag:

Very interesting situation & solutions. We're hearing stories now, not only in Europe but at least one in the U.S., where a family goes on vacation and someone moves in who then is somehow able to claim ownership. Incredible to me.

#22 | Posted by kenx at 2014-06-28 03:07 AM | Reply | Flag:

#21

You're fckng nuts. Spend a few hundred dollars on a lawyer to confirm my diagnosis.

#23 | Posted by et_al at 2014-06-28 03:38 AM | Reply | Flag:

Willingly involving CPS in your child's life shawn? That is nuts.

#24 | Posted by TaoWarrior at 2014-06-28 08:18 AM | Reply | Flag:

That is why you need to talk to a lawyer first. I don't know how the state works. That is what advocates are for.

#25 | Posted by Shawn at 2014-06-28 11:44 AM | Reply | Flag:

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