Judge: No Medical Check For Sumner Redstone

Manuela Herzer, Sumner Redstone

(Reuters) -- A California court on Monday rejected a request from the former girlfriend of Sumner Redstone for the 92-year-old chairman of Viacom Inc to undergo an immediate medical evaluation.

Former girlfriend Manuela Herzer filed a lawsuit last week seeking to have Redstone declared mentally incompetent and petitioned to have him examined to see if he can still make decisions for himself. The lawsuit came after she was kicked out of Redstone's Los Angeles area home by a Redstone lawyer.

Los Angeles County Superior Court Judge Clifford Klein ruled there was no need for an immediate evaluation of Redstone, but allowed the case to proceed.

"I do not find any urgency," Klein said at a hearing in Los Angeles Superior Court.

The case raised new questions about Redstone's ability to run Viacom and CBS. He controls 80 percent of both companies' voting shares and serves as executive chairman of both.

Redstone's physical and mental health have been the subject of intense speculation, in part because he has been largely absent from his companies' recent earnings calls.

Herzer had been chosen by Redstone to make healthcare decisions for him if he was unable to, her lawsuit said, until Redstone executed a new agreement in October to remove her as his health care agent, in favor of Viacom CEO Philippe Dauman.

Herzer says Redstone was mentally incompetent when he made that move and asked to be reinstated as the person in charge of his medical decisions if he becomes incapacitated.

Lawyers for Redstone say the executive is competent and that Herzer is pursuing a "personal financial agenda."

A hearing will be held in January on a motion from Redstone's attorneys to dismiss the case.