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Thread: Using the System: Fired Nanny Won't Leave

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    Senior Member Stalwart's Avatar
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    Using the System: Fired Nanny Won't Leave

    http://ktla.com/2014/06/27/plight-of...ny-goes-viral/

    I have heard about this for a couple of days, and my initial reaction was "HOLY CRAP."

    Nanny get's hired and part of the deal is room an board. Two months in the nanny quits working, the couple fires her but she won't move out of their home. Under California law, they can't just throw her stuff on the lawn and change the locks and have to undergo formal eviction procedures.

    The story mentions that the state (CA) has classified her as a vexatious litigant: she files lots of lawsuits to be a pain in the ass. If she has been classified as such, should the employers/homes owners get an expedited process to kick her out?

    It does make me wonder about those of who know the system so well they can use it to their advantage (not necessarily the way it was intended) to the detriment of otherwise 'honest' people.

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    If she is known as a Vexatious litigant, i am surprised the courts can't ban her butt.
    As to this situation, how the heck does someone gain "tenancy" status after only a few months working there??

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    Senior Member Gonzo432's Avatar
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    Quote Originally Posted by garhkal View Post
    If she is known as a Vexatious litigant, i am surprised the courts can't ban her butt.
    As to this situation, how the heck does someone gain "tenancy" status after only a few months working there??
    If you change your IDs and have your bills mailed there and you've entered an agreement (provide a service for room and board) you now live there. Stop paying rent? Get evicted, it's just not automatic anywhere.

    Cali has the deadbeat nanny AND Wills Powers?? Awesome!
    "Wrong" is one of those concepts that requires witnesses. Catbert, Evil Director of Human Resources

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    Senior Member Stalwart's Avatar
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    Quote Originally Posted by garhkal View Post
    If she is known as a Vexatious litigant, i am surprised the courts can't ban her butt.
    As to this situation, how the heck does someone gain "tenancy" status after only a few months working there??
    I don't know, my opinion is that her having been classified as such (Officially Certified Pain in the Ass) will help her former employers case. I don't see why their case could not be fast tracked as well, hopefully someone greases the skids on that.

    Quote Originally Posted by Gonzo432 View Post
    Cali has the deadbeat nanny AND Wills Powers?? Awesome!
    I don't think he would be willing to rent her a room ...

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    Quote Originally Posted by garhkal View Post
    If she is known as a Vexatious litigant, i am surprised the courts can't ban her butt.
    As to this situation, how the heck does someone gain "tenancy" status after only a few months working there??
    They can prohibit/ban her from filing litigation:

    Legal Requirements
    Under section 391.7, in addition to other relief, the court may, on its own motion or the motion of any party, enter a prefiling order that prohibits a vexatious litigant from filing any new litigation in California in pro per without first obtaining permission from the presiding justice or presiding judge of the court where the filing is proposed. A vexatious litigant who disobeys such a prefiling order may be punished for contempt of court. (Code Civ. Proc., § 391.7(a).)

    The presiding justice or presiding judge should permit the filing of such litigation only if it appears that the litigation has merit and is not being filed for the purpose of harassment or delay. The presiding justice or presiding judge may condition the filing of the litigation upon the furnishing of security for the benefit of the defendants, as provided in Code of Civil Procedure section 391.3. (Code Civ. Proc., § 391.7(b).) http://www.courts.ca.gov/12272.htm

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    Wonder why they don't use that law more often?

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    Senior Member Rainmaker's Avatar
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    What kind of pussies would just stand for this in their own house? And who in the hell hires someone off Craig's list to watch their kids?
    Rainmaker could think up all kinds of fun ways to make that Nanny want to voluntarily leave on her own. Good luck getting out of "your" room without my German Sheppard tearing your tits off.

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    Apparently the nanny has left on her own accord (or was it all the bad publicity she was getting??)

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    Senior Member CYBERFX1024's Avatar
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    Quote Originally Posted by garhkal View Post
    Apparently the nanny has left on her own accord (or was it all the bad publicity she was getting??)
    No, she has not moved out yet. But she has set "conditions" on her moving out. But she has not yet moved out. This has been all over the airwaves here in the LA area both on the radio and on tv.

    http://www.dailymail.co.uk/news/arti...sed-leave.html

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    Last word i saw was on monday's CNN lunchtime report which said she had agreed to move out.

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