Updated

A California nanny who refused to leave the home of the family she lives with has now agreed to move out by July 4, "as long as the weather is cool," the family told FoxNews.com Monday.

Diane Stretton, 64, was fired June 6 by Marcella and Ralph Bracamonte of Upland, Calif., after, "she just stopped working," the family said.

But Stretton, who was hired by the family through Craigslist in March, refused to leave the Bracamonte residence. Stretton also threatened to sue the family, claiming wrongful termination and abuse of the elderly.

When the Bracamontes contacted police three weeks ago, they were told, "'Sorry, you're going to have to go through the eviction process,' " Marcella Bracamonte said.

A judge also ruled in the nanny's favor, saying the family did not end Stretton's employment in a legal manner.

"For the first few weeks, she was doing really well," Bracamonte told FoxNews.com. "Then she just stopped working. We would find her panting and she would say things like, 'it's really hot in here.' "

Stretton then told Marcella she had COPD, a chronic obstructive pulmonary disease that makes it hard to breathe. She then confined herself to her bedroom and only came out when she was called for meals, according to the family.

"I said, 'You never told me you were sick,' " Marcella said. "I then lessened her duties but she still did absolutely nothing."

"I had a whole month of her just staying in her room," Bracamonte said. She added that the family had drafted up a letter making clear Stretton would leave the residence, but the nanny said the document "wasn't legal" and "slammed the door in my face."

The mother of three children -- ages 11, 4 and 16 months -- said Stretton has now agreed to move by July 4 on one condition: the weather.

"She said she'll only leave if the weather is cool then and it will take her three days to do it," said Bracamonte, who noted that she recently learned Stretton had been homeless for nine years.

Bracamonte said her sister's wedding is on Thursday and that the family had planned to be away. She said several of her in-laws will be at the house when Stretton moves.

Marcella Bracamonte submitted a post on Craigslist in February offering a one bedroom in her home, "in exchange for house cleaning and caring for my kids."

"I am starting a business. And I have to leave throughout the day," the post read. "So when I do leave for a couple hours at a time I need someone with my children. I need back up on keeping the house clean and getting the start on meals for family."

Bracamonte claims Stretton responded to the posting, saying, "I can do the job described."

Stretton started work on March 4 at the family's residence. Bracamonte said Stretton was very attentive with the children for the first two weeks, but then, "complained I left my children too much."

"I found myself getting frustrated and had to quit my business I was trying to start," Bracamonte said. "She [Stretton] had an attitude about watching the children [and] never helped me with meals (but was definitely there to eat them)."

"A month later she informs me she has COPD ... I didn't know what it was or what it meant [and] then I saw her start panting for breath every time I had asked her to wash a dish. However, when it came to swimming or going to a museum, she never skipped a beat," claims Bracamonte. "She is a scam artist."