CBS and Viacom Mogul Sumner Redstone’s Competency Questioned By Ex-Girlfriend

“I did not find there was any urgency”, Judge Clifford Klein said after Redstone’s ex-girlfriend Manuela Herzer filed a blockbuster lawsuit last week claiming the chairman of Viacom and CBS is now a helpless, sobbing, sex-obsessed invalid.

Alongside the petition, Herzer, represented by entertainment law heavyweights Bert Fields and Pierce O’Donnell of Greenberg Glusker, requested an expedited proceeding in which the petition would be heard next week and discovery conducted in the upcoming days, including the examination of Redstone and depositions of Redstone, one of his attorneys and members of his home staff.

The case is In re Advance Health Care Directive of Sumner M. Redstone, BP168725, Los Angeles County Superior Court. “Two, he is not suffering from any critical health issues, three, he has full-time care and four, his health agent is an attorney and CEO of Viacom”, said Klein.

The pal, Manuela Herzer, says that Redstone was not mentally competent to take away her as the one that makes his medical selections.

Redstone’s lawyer, Gabrielle Vidal, said she was happy that Judge Klein had not moved to grant Herzer’s demands immediately. Redstone’s lawyers rejected that view, saying that Herzer was going to the probate court as a preliminary maneuver to attempt to dispute Redstone’s trust after his death.

Herzer did not attend the hearing in person Monday, but sent several lawyers to press for emergency access to the now reclusive 92 year old.

Lawyers for Herzer, who has known Redstone for more than a decade, presented the findings of psychiatrist Stephen Read, who concluded that Redstone “lacked capacity” – while lawyers for Redstone presented findings of Dr. James Spar, who believes the client is able to speak for himself. O’Donnell said neither he nor Herzer knew why she was suddenly ousted from Redstone’s mansion October 12. Bishop threw Herzer out of Redstone’s residence in Los Angeles and told Herzer that Redstone had created a new health care directive on Oct 16.

Dauman has said that Redstone blamed Herzer’s assertions on a desire to get his billions.

Mr. Redstone’s health and mental competency have been a topic of great interest to Viacom and CBS investors, given his roughly 80% voting stake in each company. Herzer insisted that Redstone had decided that only she would make end-of-life decisions and that he must have been under undue influence from a third party to remove her from his life. The filing described a scene in which Redstone and Dauman chatted about sports and the news of the day in early November.