Fired Nanny news article

pnwlover12

Anyone heard about the nanny in CA who was fired but refuses to leave the home? I'd love to hear opinions, especially from the attorneys in here. This just seem BSC to me.

https://abcnews.go.com/US/family-stumped-fired-live-nanny-leave/story?id=24316229

AppleGrapeMSTK

Surely there is something legal the family can do.  Wouldn't an eviction process involve posting a sign saying she had 30 days to leave and then have police escort her out at that time?  There is a crazy person living in your home, who is unrelated and unwanted- I would call that trespassing- or at least more serious than a civil matter.

This whole thing is cray.

pnwlover12

IKR?! I feel like I would be like, FINE SUE ME! And kick her out to the curb anyway. If she's going to sue me, she sure wouldn't be living under my roof while doing it.

pnwlover12

TicketTuesday said:

This is just so bizarre. I don't even know. I would probably have DH take the door off of her room and start taking her things and setting them on the front lawn one by one. Get the heck out of my house crazy lady. How sad is it that people can do this in our ridiculous sue-happy country?!

LOL. That's what I told my DH

pinkshades05

Omg, that's just insane! Only in CA. And evictions can take MONTHS here--like 6 months before they can get kicked out. This lady knows the law. I hope the family gets a good lawyer!

AmandaJean12

Wow, that's insane. I do employment law and she obviously has no case at all for wrongful termination or age discrimination or anything. I've heard a lot of ridiculous cases but this is up there.

As for the eviction... Cali law is crazy. I have no idea. I can't even imagine...

trisharenee0316

This isn't too far from me and I hadn't heard of it!

Evictions really don't take too long.  I am working on a pro bono case right now that started where a landlord tried to illegally evict my elderly, disabled client (he refused her rent money, then filed an unlawful detainer based upon nonpayment of rent.  And she has written proof of the landlord's refusal to accept her rent, so it's not like she lied).  The case was initially filed in early June 2013, and the case was dismissed in September 2013. That seems like a long time, but that also accounts for the fact that the landlord ignored several discovery requests and we had additional hearings regarding sanctions and the landlord was given an absurd amount of time by the court to comply.  If the landlord in my case was motivated as the individuals in this case seem to be, he could have had them out within a month or two, at the most. 

Also, if these people were to take this nanny's stuff and put it outside and it got stolen, she has a claim against them for the value of the items.  Also probably for illegal eviction.  I wouldn't even bother with that, since illegal eviction can lead to this scamming old lady getting treble damages.

jesslinnn

Just reading this pisses me off! This woman is fucking nuts! I feel like because of how well versed she is with the laws regarding this, she planned this going into it. I can't believe there is nothing the family can do to get her out. Sometimes the legal system really fails.

trisharenee0316

vreker said:

Wow. I don't practice in CA but I do know their evictions laws are kind if crazy. To answer PPs question, she doesn't have any legal right to tell them to leave the house from 8-8. Also, given that she has a known history of filing suits with no merit, I doubt any court would find in favor of this nut job. If I were the family, the first thing I would do would be stop feeding her! Lock up all the food. I would also charge her rent and utilities and when she doesn't pay, sue her! Hopefully, some great lawyer sees this story and takes on the case.

This is changing the terms and conditions of her rental.  She was supposed to get room and board.  It SUCKS that they can't just get rid of her and have to formally evict her, but taking any self help measures like this could, incredibly, allow this scammer to get even more money from this poor family.

trisharenee0316

vreker said:

No, she was supposed to get room and board in exchange for watching the children and cleaning the house. She has breached the contract by not holding up her end of the deal. They don't have to "pay" her if she isn't going to render services.

Right.  But if that was the case, they would just be able to kick her out too.  Which they can't do. I don't specialize in landlord/tenant law, but I'm pretty sure they can't modify the terms of her tenancy without going through the formal eviction process.  Otherwise she could claim constructive eviction.

pnwlover12

Oh yeah! I love hearing the debates on this. Smart women are awesome.

BreandMikewedding

That is so scary! I heard of a case in Florida where some people broke into the home of a guy in the military and when he came back they refused to leave and he had to formally evict them. And they broke in!

ADH0906

I love when you ladies talk lawyer to me.

pinkshades05

BreandMikewedding said:

That is so scary! I heard of a case in Florida where some people broke into the home of a guy in the military and when he came back they refused to leave and he had to formally evict them. And they broke in!

This has been happening a lot with foreclosure homes. People breaking in to bank-owned homes and just living in them.

Also, this is what CA says about unlawful evictions:

"The court-administered eviction process assures the tenant of the right to a court hearing if the tenant believes that the landlord has no right to evict the tenant. The landlord must use this court process to evict the tenant; the landlord cannot use self-help measures to force the tenant to move. For example, the landlord cannot physically remove or lock out the tenant, cut off utilities such as water or electricity, remove outside windows or doors, or seize (take) the tenant's belongings in order to carry out the eviction. The landlord must use the court procedures."

So even though we want to throw her to the curb, the PP above were right that the family would be responsible for it. Sounds like the only way to get her removed would be to file an unlawful detainer with the court. I hope they get her out quickly! 

jmw222

Holy crap.  This is crazy.