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Archae

(46,301 posts)
Tue Jul 1, 2014, 01:04 PM Jul 2014

The California nanny who has refused to move out claims she wasn't fired. She quit.

Source: ABC News

Diane Stretton also claims that she worked 90 straight days without a day off or even a coffee or lunch break while helping Marcella and Ralph Bracamonte care for their three children in their Upland home.

(snip)

Marc Cohen, a lawyer for the Bracamontes, told ABC News, "The family is deeply disturbed and absolutely denies all of those statements. It’s absolutely not true.”

(snip)

During Stretton's standoff with the Bracamontes, her litigious past has emerged. She has a long history of litigation and is listed on California's Vexatious Litigant List, which includes people who have been found to bring legal action that is frivolous or repetitive.

(snip)

Court documents show that when Stretton's father, John Richardson, died in 2000, his will included Stretton's two sisters, Donna Tobey and Sharon Freeburn. Richardson "specifically and expressly omitted Stretton,"

Read more: http://abcnews.go.com/US/nanny-leave-fired-quit/story?id=24380108



Sues just about anyone and everyone, and gets chopped out of her Dad's will.
Yeah, really credible woman.
38 replies = new reply since forum marked as read
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The California nanny who has refused to move out claims she wasn't fired. She quit. (Original Post) Archae Jul 2014 OP
She's been gone since Thursday? Great! rocktivity Jul 2014 #1
So she quit instead of fired. christx30 Jul 2014 #2
She did quit. Demobrat Jul 2014 #3
DING DING DING! Demobrat, you're our grand prize winner rocktivity Jul 2014 #5
Employment implies that she was being compensated with something other than room and board BeliQueen Jul 2014 #9
No matter which way you slice it and dice it, it was still her residence. Hassin Bin Sober Jul 2014 #18
Yes she does, and she is milking them for all they are worth. Demobrat Jul 2014 #22
No doubt about it. Hassin Bin Sober Jul 2014 #23
I live in San Francisco. Demobrat Jul 2014 #25
Not only that, but she also liberalhistorian Jul 2014 #20
I saw that - and my jaw hit the floor. Demobrat Jul 2014 #21
As a former real estate paralegal liberalhistorian Jul 2014 #24
I feel sorry for the next landlord too. Demobrat Jul 2014 #26
My brother had this experience with a "girlfriend" Sen. Walter Sobchak Jul 2014 #32
Working for room and board is not working--that's called slavery BeliQueen Jul 2014 #4
She's not working for room and board... Dr Hobbitstein Jul 2014 #6
She was not paid. BeliQueen Jul 2014 #10
Oh shit... Dr Hobbitstein Jul 2014 #16
From the CNN Article BeliQueen Jul 2014 #12
That's not true - TBF Jul 2014 #15
Slaves are not free to leave. Demobrat Jul 2014 #17
That's not entirely true BeliQueen Jul 2014 #19
She agreed to the terms. dilby Jul 2014 #30
Free rent is huge. Demobrat Jul 2014 #31
Your celebration of modern American slavery brentspeak Jul 2014 #33
Thank you for your input. Demobrat Jul 2014 #36
Oh, Mr. Shef-field! KamaAina Jul 2014 #7
Great story but savalez Jul 2014 #8
This deals with labor law, accusations of indentured servitude, and a homeless, vexatious litigant, MADem Jul 2014 #27
Because the gun nuts alert on all threads about gun violence and sympathetic hosts lock them. nt LeftyMom Jul 2014 #28
It was savalez Jul 2014 #29
Early lead for most boring story of 2014 KinMd Jul 2014 #11
Thats what the family deserves for trying to get such cheap help. Sunlei Jul 2014 #13
grifters grift. nt Javaman Jul 2014 #14
I'd be skeptical of what the employers say. Ash_F Jul 2014 #34
Do they? Archae Jul 2014 #35
Must be nice to own property. Ash_F Jul 2014 #37
My own POV... Archae Jul 2014 #38

rocktivity

(44,572 posts)
1. She's been gone since Thursday? Great!
Tue Jul 1, 2014, 01:22 PM
Jul 2014

And she may regret insisting that she quit. In addition to poking yet another hole in her credibility, her lawyers can claim that since her residency was one of her job duties, she gave up her legal right to it when she voluntarily stopped working!


rocktivity

rocktivity

(44,572 posts)
5. DING DING DING! Demobrat, you're our grand prize winner
Tue Jul 1, 2014, 01:36 PM
Jul 2014
She quit working and refused to leave her place of employment.

Right - she was neither a tenant nor a guest. The home was her workplace, and her living there was her compensation, not a "perk".

The family says the cops told them couldn't help because it was a civil matter. But if any other workplace called them and said that an ex-employee was refusing to leave the premises, they would have shown up and threatened to arrest them for trespassing.

Since she voluntarily decided to stop working, it was her responsibility to have someplace else to go. And has she been psychologically evaluated yet? She sounds a little schizophrenic to me.


rocktivity

BeliQueen

(504 posts)
9. Employment implies that she was being compensated with something other than room and board
Tue Jul 1, 2014, 02:53 PM
Jul 2014

Since they weren't paying her, she wasn't working there. They established an illegal situation which they got trapped in.

If she was an honest employee, they would have paid her, written up a tax-form, and submitted that information to the government.

These people were scammers who got scammed.

I'm shocked that these people who were basically entered into a slave-agreement are getting such sympathy from such a progressive site.

Hassin Bin Sober

(26,315 posts)
18. No matter which way you slice it and dice it, it was still her residence.
Wed Jul 2, 2014, 02:36 PM
Jul 2014

Last edited Wed Jul 2, 2014, 11:57 PM - Edit history (1)

If she is established as a resident, usually, iirc, 30 days, she has rights to due process of formal eviction.

She was a tenant. Wether her compensation to the landlord was labor, cash, or trinkets and beads, it doesn't matter. She still has tenant rights.

Demobrat

(8,962 posts)
22. Yes she does, and she is milking them for all they are worth.
Mon Jul 7, 2014, 05:04 PM
Jul 2014

However, tenants DO NOT have the right to demand that the family in whose home they are squatting vacate the premises, nor do they have the right to demand their preferred meals. This woman's actions, while primarily within the law, are beyond the pale.

Hassin Bin Sober

(26,315 posts)
23. No doubt about it.
Mon Jul 7, 2014, 05:10 PM
Jul 2014

This is a new twist but it is an old trick by scammers. A.K.A. "Professional renters"

I know a few people this happened to. People move in and never pay rent. They tie the landlord up in housing court with frivolous complaints.

Demobrat

(8,962 posts)
25. I live in San Francisco.
Mon Jul 7, 2014, 06:21 PM
Jul 2014

None of this is new to me. Once people are in it's very hard to get them out. For the most part I think renter's protections are necessary, but this woman is just a plain old scammer.

liberalhistorian

(20,814 posts)
20. Not only that, but she also
Mon Jul 7, 2014, 02:33 PM
Jul 2014

demanded that the family leave the home between 8 a.m. and 8 p.m. People like this, however, have very little sense of shame or self-awareness. And it takes a LOT to be put on a vexatious litigant list, most courts don't like to do that unless it's absolutely clear that it's really necessary. I guess filing 36 frivolous lawsuits against anyone that even looked at her wrong would have fit the definition of necessary!

Demobrat

(8,962 posts)
21. I saw that - and my jaw hit the floor.
Mon Jul 7, 2014, 04:46 PM
Jul 2014

She actually thinks she should be left alone to do as she pleases in these people's home for 12 hours per day! I think they should agree to her list of demands - and then take the door off her bedroom and remove the bed. Unless I missed it, her very comprehensive list of demands didnt require that they provide her with either a door or a bed.

liberalhistorian

(20,814 posts)
24. As a former real estate paralegal
Mon Jul 7, 2014, 05:47 PM
Jul 2014

married to an attorney, I have known many tenants like this and it took forever for the owners to be able to finally do something about it. By the time they were able to do so, their house/apt./room had been trashed and/or looted. There were even cases where homeowners who'd rented out rooms or extra apts. within their houses were forced to leave their OWN HOMES, while the tenant was permitted to stay, because of such disputes and lies told by the tenants; they had to leave their own homes, and the tenants had free access to them, while the whole legal mess was being sorted out. Not every tenant is in the right, there ARE people who take advantage of the strong tenant protection laws in many states.

Now, I'm glad we have such laws and they're very important to ensure fairness for renters; there are a lot of unscrupulous landlords out there (like the one hubby and I had previously that stiffed us on the return of our deposit for no reason and the house was left in far better shape than when we first moved in). But there are bad tenants, just like there are bad landlords, and I feel really sorry for whoever ends up with this crazy selfish grifter next. The only good thing is that she's on the vexatious litigant list and there's been all this publicity in addition, so maybe she won't find it so easy to take advantage of and screw people from now on.

Demobrat

(8,962 posts)
26. I feel sorry for the next landlord too.
Mon Jul 7, 2014, 06:36 PM
Jul 2014

Meanwhile this nutcase is accusing the homeowner of ruining her life by telling her story. I guess if her life consists of scamming people out of free housing, yeah, it's ruined.

 

Sen. Walter Sobchak

(8,692 posts)
32. My brother had this experience with a "girlfriend"
Tue Jul 8, 2014, 01:26 PM
Jul 2014

After all of two or three weeks this surfer-drifter girl moved in with him to mine and my parents absolute horror. Then she turned around and kicked him out of his own apartment, refused to leave herself and threatened to get a restraining order and accuse him of various things.

He had about four months left on the lease that my parents had signed, so they just wrote off the damage deposit and let the landlord deal with getting rid of her. There is no doubt in my mind that this girl went into the "relationship" planning to do this.

 

Dr Hobbitstein

(6,568 posts)
6. She's not working for room and board...
Tue Jul 1, 2014, 01:56 PM
Jul 2014

She's a live-in nanny. They make money as well as being given room and board. It's not slavery.

BeliQueen

(504 posts)
10. She was not paid.
Tue Jul 1, 2014, 02:55 PM
Jul 2014

Her only compensation was room and board. Read the article. That's what they listed on Craigslist and that's what they agreed to.

If you want to say that--"Well she agreed to it"--it's still illegal.

Working for room and board is slavery.

Slavery is illegal in America.

BeliQueen

(504 posts)
12. From the CNN Article
Tue Jul 1, 2014, 03:00 PM
Jul 2014

"According to the Bracamontes, Stretton started out fine when they hired her March 4 after running a background check. In exchange for room and board, Stretton was expected to help out with household chores and child care at their home in Upland, about 35 miles east of Los Angeles."

http://www.cnn.com/2014/06/27/us/nanny-squatter/

She was not a nanny--she was a slave.

TBF

(32,017 posts)
15. That's not true -
Tue Jul 1, 2014, 03:29 PM
Jul 2014

Most nannies are compensated above the room & board. It's not a very high salary but often there are additional perks like your bills being covered, food provided, and transportation provided. I had such a position while taking graduate school classes at night. I went through a nanny agency to get the job.

If it's true they weren't paying her a wage she has a good lawsuit here.

Demobrat

(8,962 posts)
17. Slaves are not free to leave.
Wed Jul 2, 2014, 02:10 PM
Jul 2014

If she didn't like the deal she made she was free to leave at any time. She didn't want to leave. She wanted free room and board in exchange for nothing.

BeliQueen

(504 posts)
19. That's not entirely true
Mon Jul 7, 2014, 02:03 PM
Jul 2014

Slaves could leave anytime they wanted--most weren't kept in chains. But there was an infrastructure that supported their enslavement.

In the case of antebellum slavery, it was the threat of capture, torture, and death. In post-Civil War times it was the "company store" and "company script" where people were supposedly paid a wage, but the wages were first garnished for room and board, and the "money" they received was not legal tender and could only be used at the company store.

This woman's situation is clearly a case of the post-Civil War slavery.

Your statement shows a rudimentary understanding of slavery--it's not as clear cut as you'd like to think that it is.

dilby

(2,273 posts)
30. She agreed to the terms.
Mon Jul 7, 2014, 11:55 PM
Jul 2014

I knew a girl who was a nanny and I thought it was a messed up situation since she only made $300 a month which is next to nothing. However she had free rent, free food, free internet, free cell phone, free laptop, free car, free gas. She even had a slush fund where they would give her money to take the kids to events, movies, zoo or lunches, she just had to give the change back along with receipts.

She worked while parents were at work and had evenings and weekends off, if the parents had to go out of town she had to work it but that was not very often. So yeah she basically made about $10 a day but with everything that was included in her job she did not mind, even went on vacations with the family and they paid for it.

Demobrat

(8,962 posts)
31. Free rent is huge.
Tue Jul 8, 2014, 12:53 PM
Jul 2014

Especially since it's not taxable. Throw in utilities and food and that kind of deal can work well for everyone. I know somebody who rented two apartments in the same building and let the nanny live in one as part of her compensation. I never heard her complain.

brentspeak

(18,290 posts)
33. Your celebration of modern American slavery
Wed Jul 9, 2014, 01:10 PM
Jul 2014

is consistent with your other anti-Democratic stances expressed here on DU, like this anti-union B.S. post: http://www.democraticunderground.com/?com=view_post&forum=1014&pid=678120

And the followup where you employ classic anti-union divide-and-conquer resentment rhetoric: http://www.democraticunderground.com/?com=view_post&forum=1014&pid=678259

Demobrat

(8,962 posts)
36. Thank you for your input.
Wed Jul 9, 2014, 04:42 PM
Jul 2014

I'm proud and honored that you took the time to check me out and give me the benefit of your purity.

savalez

(3,517 posts)
8. Great story but
Tue Jul 1, 2014, 02:33 PM
Jul 2014

why does this one get to stay in LBN while a boy scout shooting himself at camp gets deemed "local" and locked?

MADem

(135,425 posts)
27. This deals with labor law, accusations of indentured servitude, and a homeless, vexatious litigant,
Mon Jul 7, 2014, 06:58 PM
Jul 2014

the Boy Scout did something that people do every day. His story is also one of gun violence, young people with access to guns, the gun control question, etc...in short, it would do better in guns.


IMO.

Now, if the Nanny pulled out an automatic weapon and killed the entire family, her story wouldn't belong in LBN either...!

Sunlei

(22,651 posts)
13. Thats what the family deserves for trying to get such cheap help.
Tue Jul 1, 2014, 03:16 PM
Jul 2014

She was observed sleeping in her car because they locked her out of the house The police said that is a civil matter.

They better room and board her, or pay her off (see their lawyer for a writeoff statement) or she will win a court case against them.

Archae

(46,301 posts)
35. Do they?
Wed Jul 9, 2014, 01:19 PM
Jul 2014

Here in Sheboygan 2 of my relatives got hosed by renters, took them months to get the non-rent paying bums to leave, and one trashed the place he was renting from my relative, including stealing appliances.

Ash_F

(5,861 posts)
37. Must be nice to own property.
Thu Jul 10, 2014, 01:04 PM
Jul 2014

Not defending the renters, but also not taking sides until I hear the whole story, including their side.

Renters and property owners live in two different Americas.

Archae

(46,301 posts)
38. My own POV...
Thu Jul 10, 2014, 01:12 PM
Jul 2014

I've lived in this apartment now for 22 years, and 6 landlords.

Only had one who was simply lazy, I'd have to really lean on him to get anything fixed.

About 10 years ago I repainted the place, from off-white to light green.
The then-landlord didn't mind, he even reimbursed me for the cost of the paint.

As for the renters, I've learned the one who trashed the place he was renting was caught in Milwaukee running a meth house.

While we didn't find any drug stuff left behind, he tore the place up and stole appliances.
Most likely to fence for meth.

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