BAKERSFIELD, Calif. (KGET) -- It's possible a briefing and hearing schedule will be set next week in the legal battle between the Greenfield Union School District and Kern County. Challenger Mercy Peña was announced as the winner of the Area C trustee seat in a race decided by eight votes -- but elections officials have confirmed 57 votes were cast by ineligible voters. During a hearing Friday, attorneys and Judge Bernard Barmann Jr. agreed there's no way to determine how many of the invalid votes went to Peña, and how many were cast for incumbent Ricardo Herrera. Peña has been sworn in and taken part in two trustee meetings. 57 of 108 ineligible voters cast ballots in Greenfield Union School District election Petitoner's attorney Steven Simas is seeking a court order annulling the election -- thereby removing Peña from the board and freeing the district to take action. "We have already proven and the county admits that improper votes were cast," Simas said. Peña, also present at the hearing, said the results should stand. She compared annulling the results to trying to put spilled milk back into the carton. "I've already been seated," she told the court. "My second meeting was yesterday. I'm competent and ready to serve." Barmann continued the hearing to Tuesday, saying he needs to confer with Judge John W. Lua -- the current presiding judge of the Superior Court -- review his options and formulate a plan on how to proceed.