Calif. couple says they can't get rid of their live-in nanny

UPLAND, Calif. - Will she stay or will she go?

A couple in Upland, Calif. says their live-in nanny refuses to leave their home and they've tried everything, including legal measures, to get her out, reports CBS Los Angeles.

Marcel and Ralph Bracamonte told the station the first couple of months with the nanny "were good," but she soon stopped working and complained of health issues.

They said they asked the 64-year-old nanny, Diana Stretton, to leave, but she refused. They said they then served her with legal papers, but they turned out to be the wrong legal papers and for the time being, police told the couple the nanny can come and go as she pleases.

"They told me it was now a civil matter," Ralph 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 said there was nothing that could be done because the Bracamontes did not fill out a three-day quit notice correctly. He said they would have to fill out the legal paperwork again.

Ralph Bracamonte says it's all a nanny nightmare.

"Now, this person is in our house," he said, "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."

Marcela Bracamonte, a mother of three, found Stretton on Craigslist in March.

The couple agreed Stretton would live in their home, for free, in exchange of taking care of the children and some housecleaning.

"And then she wouldn't do anything," said Marcela Bracamonte. "She would stay in her room 90 percent of the day. I really did try to work with her. She would just sit in her room all day. So I told her, you either have to perform or you gotta leave."

The Bracamontes filled out the legal papers for the second time earlier this week and served them to Stretton on Wednesday. CBS Los Angeles was there when Stretton was served and she declined to comment. She has three days to respond to the legal notice.

The Bracamontes hope their story can serve as lesson and teach other families that an attorney should be used in such matters.