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| Manuela Herzer, Sumner Redstone |
The Los Angeles Times reports L-A County Superior Court Judge David J. Cowan denied a motion by Redstone's lawyers to dismiss the lawsuit from the 92-year-old businessman's former companion Manuela Herzer.
The decision represents a victory for Herzer's attorney's, who have been trying to keep the case alive.
A trial is set to begin May 6.
Herzer, 51, sued in November after Redstone last fall removed her from his will and as the agent in charge of his advance healthcare directive.
Cowan's ruling referred to the 37-page opinion of Dr. Stephen Read -- brought on by Herzer's side -- which said Redstone lacked capacity at the time he allegedly revoked the advance healthcare directive.
In January, attorneys for Redstone had asked the judge to dismiss Herzer's petition, saying the case is an unwarranted invasion of the billionaire's privacy.
Redstone is the controlling shareholder of CBS Corp. and Viacom Inc. This month, the ailing mogul relinquished his role as executive chairman of the two media companies.
The judge on Monday also denied requests by Redstone's side to seal certain documents in the court case. The Los Angeles Times, the Hollywood Reporter and Variety last week asked the court to keep the documents open.
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