The 'nightmare nanny' who came to stay and now won't leave: Family's fight to kick out carer who refused to work... and now wants to ban THEM from their own house

Diane Stretton, 64, is squatting in the home of Marcella and Ralph Bracamonte in Upland, California

Fell ill and began refusing to work according to the Bracamonte's

Police have said that Stretton was invited into the home and has established residency

She is threatening to sue and wants them out of their own home from 8am to 8pm daily



An exasperated California family is in the extraordinary position of being unable to evict their live-in nanny who is refusing to work and refusing to leave their home.



Marcella Bracamonte, 31, claims that nanny, Diane Stretton, 64, is threatening to sue her family for wrongful dismissal and abuse of the elderly and incredibly, has told them she wants them out of their own house daily between 8am and 8pm.



Upland resident, Bracamonte, and her husband Ralph, hired Stretton on March 4 using Craigslist to help with their three children, ages 11, four and one, but when they tried to evict her police told them they could do nothing.

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Stumped: Marcella and Ralph Bracamonte with their three children, ages, 11, 4 and one

Disbelief: Marcella Bracamonte and her husband Ralph (right) are at their wits end with their nanny Diane Stretton

Dispute: Diane Stretton, 64, is suffering from COPD and has declined to move out of the Bracamonte's home because of their legal dispute

'The first few weeks she was awesome,' said Bracamonte to ABC News about her squatter. 'She would come places with us, help out the kids. She was really great.'



But overnight things changed for the stay at home mother and her electrical contractor husband.

'All of a sudden she stopped working, she would stay in her room all day and only come out when food was ready,' said Bracamonte.

Stretton told Ralph and Marcella that she was suffering from chronic obstructive pulmonary disease and that she was unable to leave her room and help with the kids.



Initially concerned for her, the Bracamonte's decided that they couldn't have her living in their home anymore when she simply refused to do anything around the house.



However, serious problems began on June 6 when they came to her with what they called a 'last chance letter', which outlined the terms of their initial agreement and threatening her with eviction if she continued to do nothing.

Silent treatment: When local news asked the nanny why she had not left the home yet they received no reply Stretton has even filed paperwork to try and force the Bracamontes OUT of their own home, pictured here

Stretton refused to sign it and said that she would be leaving in 30 days anyway as the stress of the job had become too much for her.



At this point they asked the 64-year-old to leave and served her with legal papers, but Stretton counter-sued and a judge ruled in her favor because the Bracamonte's did not complete a three-day quit notice correctly.



'When I asked her why she wouldn’t sign the letter she said ‘It’s not legal,’ and slammed the door in my face,' Bracamonte told ABC News.



'Once she said the word legal, I knew it wasn’t going to be fun.'



Police told the Bracamonte's there was nothing they could do.



'They told me it was now a civil matter,' Bracamonte said, 'and I have to legally evict her,' said Marcella Bracamonte to CBS2.



'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.'

Legal problems: The Bracamonte's have said that they can't believe the battle to have Stretton removed

John Moore of the Upland Police Department confirmed to ABC News they cannot do anything at the moment because, 'generally, once somebody has established residency, you have to go through a formal eviction process.'



Ralph Bracomnte said that his frustration is like a nightmare.



'Now, this person is in our house,' he said to CBS2, '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.'



And as the Bracamonte's discovered, this was not the first time that Stretton has clashed in the courts with family's.



She has been involved in 36 lawsuits, ensuring she has made California's Vexatious Litigant list, for abusing the system.



'Anyone who looks at her crooked, she sues,' said Bracamonte.



Stretton is now threatening to sure for wrongful dismissal and abuse of the elderly while she eats their food and sleeps in their house.



She has even told the family she wants them to be out of their own house between 8am and 8pm.



'I’m not going to bend for her,' said Bracamonte. 'I’m in charge, this is my house. She’s not going to scare me out of my own house.'

