UPLAND (CBSLA.com) — A couple in Upland says their live-in nanny refuses to leave their home.

It’s a story Only On 2.

Amy Johnson spoke to the couple who have tried everything, including legal measures, to get the nanny out.

Johnson was there when the woman was served legal papers in the home in the 1200 block of North Vallejo Way.

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

At this point, they said they asked the 64-year-old nanny to leave, but Diane Stretton refused to go. They said they served her with legal papers, but they turned out to be the wrong legal papers.

For the time being, officials told the couple the nanny can come and go as she pleases.

Police told Bracamonte there was nothing they could do.

“They told me it was now a civil matter,” 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 also ruled in the nanny’s favor because he said Bracamonte did not fill out a three-day quit notice correctly. He also said they would have to fill out the legal paperwork again.

Stretton did not want to answer Amy Johnson’s question. The reporter asked her, repeatedly, “Why won’t you leave?”

She never spoke.

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, 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. “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.”

Stretton has three days to respond to the legal notice she got Wednesday evening.

The Bracamontes know the eviction process can take a while but they wanted to speak out to warn other families and to advise them to always use an attorney is such matters.