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Pupils Ordered to Leave Preschool Eviction Hearing

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Times Staff Writer

About 20 squirming and whispering youngsters, carrying banners that protested the possible closing of their preschool, were forced to leave an Encino municipal courtroom Monday afternoon when a court commissioner tired of their behavior.

“Children are going to have to exit the courtroom at this time,” said Commissioner Joseph R. Ruffner. “Five- and 6-year-olds and 4-year-olds, this is no place for them.”

Ruffner also seemed dissatisfied with evidence presented in defense of Escuela de la Gente, a publicly funded Pacoima preschool attended by 75 students, 20 of whom were brought to court by their mothers and teachers.

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As the hearing dragged on into the late afternoon, he said, “We’re really not going anywhere here.”

Property owner Keith Marcovitch wants to sell the property at 13545 Van Nuys Boulevard to a mini-mall developer. The school was issued an eviction order in December.

Administrators of Escuela de la Gente--”School of the People”--said they hope to appeal to the court’s social conscience so that the school can stay at the site at least four more months. The school is completing arrangements to move into a nearby church, they said. An earlier arrangement with another church fell through in October.

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“Many of these parents are single, working mothers,” said school director Ruben Rodriguez. He also said that if the school is forced to move in less than four months, it may have to close.

Offer to Stay Alleged

Attorney David A. Rothberg, representing the school, attempted to convince Ruffner that the 30-day eviction notice issued in December was invalid. He said that Marcovitch made an offer to let the school stay on twice that long at the same time the eviction notice was filed.

Rothberg also told the court that Marcovitch had suggested the school could probably remain at the location six to nine more months while preparations are made for construction of the mini-mall.

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“They were lulled into complacency, thinking they had that time to move,” Rothberg said.

Repeatedly during the hearing, Ruffner agreed with Marcovitch’s attorneys that Rothberg’s line of questioning was irrelevant. The hearing was continued until this afternoon because a witness for the school did not show up.

During his testimony, Marcovitch said offers to allow the school to stay at the location beyond January were contingent on school administrators allowing construction work to begin. When they would not agree to that, Marcovitch said he was compelled to bring eviction proceedings.

“Nobody feels good about doing what has to be done,” said Steven M. Harrison, one of Marcovitch’s attorneys.

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