BERKELEY -- An Alameda County judge will rule on Tuesday whether the fired director of a nonprofit that runs Berkeley radio station KPFA can be removed from the office she has occupied since March 13.

Judge Ioana Petrou will decide if board members of Pacific Foundation Radio can have Summer Reese removed from the office she broke into and where she has been living with her mother and supporters after she was fired on an 11-7 vote. Pacifica runs KPFA and four other radio stations around the country.

At the same time, the judge will conduct a hearing in a lawsuit brought by supporters of Reese who want her reinstated.

"After over 40 days of an unlawful takeover, we have to put this to an end," Pacifica Foundation Radio lawyer Dan Siegel told Petrou Monday morning in Oakland. "Ms. Reese has taken the law into her own hands. She is sleeping there. It's not legal. The rules of employment apply to Pacifica in the same way as any other place of employment. She just needs to get out and let the foundation operate."

Reese's lawyer, Eric Jacobson, told Petrou during the hearing that "the whole underlying case is about the validity of her termination. If the discharge is invalid, there is no discharge. She could have resigned, sued for damages or returned to work. She chose the latter. And Ms. Reese should be able to continue to do her work."