Judge Tosses Redstone Competency Lawsuit

Sumner Redstone

UPDATE 5/9/16 12Noon:  A trial over Sumner Redstone's mental competence appeared to come to an abrupt end on Monday when a California judge threw out a lawsuit brought by the 92-year-old media mogul's former girlfriend, Manuela Herzer.

Judge David Cowan of Los Angeles Superior Court on Monday dismissed the lawsuit that argued Mr. Redstone was incompetent when he made a decision last fall to evict former girlfriend and longtime companion Manuela Herzer from his home and remove her as his health-care agent—the person responsible for health decisions should he become incapacitated.

“In now granting this motion, the court is not making any ultimate finding relating to Redstone’s mental capacity, one way or another or whether he was unduly influenced,” Judge Cowan wrote. He said Mr. Redstone is presumed to have capacity, and Ms. Herzer’s expert witness failed to establish that he lacked capacity when he changed his health-care agent directive.

The judge dismissed the suit with prejudice. He said he’s not making any judgment calls about the credibility or motives of Ms. Herzer or Shari Redstone, Mr. Redstone’s daughter, because the court hasn’t heard all the evidence it would need to make these decisions.

“There is no good cause for further judicial involvement where the court has now heard directly from Redstone that he has lost trust in Herzer, does not want her in his life and instead wants his daughter Shari to look after him as necessary,” the judge wrote in a tentative ruling.

Earlier Posting...

A trial over Sumner Redstone's mental competence could end as early as Monday when a California judge is expected to announce whether he will throw out a lawsuit from the 92-year-old media mogul's former girlfriend.

In a legal brief prepared over the weekend, Redstone's attorneys argued that the case should be dismissed, saying their client was competent and had made his wishes clear.Hoping to salvage their high-stakes legal case, lawyers representing Sumner Redstone's former companion argued Sunday that a judge should look beyond the media mogul's fiery testimony to determine whether he has been unduly influenced by the people who surround him -- including his daughter.

According to the LA Times, Los Angeles County Superior Court Judge David J. Cowan is expected to decide Monday whether to dismiss the lawsuit brought by the 92-year-old mogul's former companion, Manuela Herzer, or proceed with a trial to decide whether the controlling shareholder of Viacom Inc. and CBS Corp. is mentally competent.

The trial started in dramatic fashion Friday with an 18-minute videotaped deposition of Redstone, who described Herzer in vulgar terms and said that he wanted her "out of his life."

Until mid-October, Herzer was Redstone's longtime friend, primary caregiver and the agent in charge of his healthcare, should he become unable to make decisions for himself. Then, Redstone abruptly had Herzer removed from his Beverly Park home, and he cut her out of his will four days later. Herzer brought the lawsuit in late November, saying Redstone was not in his right mind.

Redstone now says he would like his daughter, Shari Redstone, to oversee his healthcare decisions.

The Redstone family controls nearly 80% of the voting shares of CBS and Viacom. The $42-billion media empire includes such prominent assets as MTV, Comedy Central, Nickelodeon, BET, Showtime, CBS and the Paramount Pictures movie studio.

Cowan asked lawyers on both sides to submit arguments on whether the trial should continue.

In their court papers, Herzer's attorneys argued that they haven't had a chance to present much evidence in their case, which they contend will show that Redstone soured on Herzer only after a campaign of misinformation by the people who surround the mogul, including Shari Redstone, who serves as vice chair of CBS and Viacom.

Herzer's side is arguing that Redstone was probably brainwashed by his nurses and daughter who wanted Herzer out of his life.