Sumner Redstone’s mental competency case heading to trial

Los Angeles Superior Court Judge David Cowan has denied a motion by Viacom chairman emeritus Sumner Redstone’s attorneys to dismiss a lawsuit by his former girlfriend questioning his competency, scheduling a trial to decide the matter a little more than two months away.

Cowan also wrote that Redstone’s personal physician maintains his patient does have the mental capacity to make such decisions on his own behalf.

To view the full article, register now. In that suit Herzer claimed Redstone was unaware of his surroundings and could no longer make health care decisions for herself. Her Greenberg Glusker attorney Pierce O’Donnell said a quick trial was needed because of Redstone’s ailing health.

Manuela Herzer filed suit in November after being removed from Redstone’s will, as well as being ousted as his healthcare proxy. “Nothing herein should be construed to mean this court has made any finding as to Redstone’s mental capacity – which issue is reserved for decision after trial – or for that matter any of the factual contentions raised in support of or in opposition to the motion”, Cowan wrote.

A number of different doctors who have evaluated Redstone have come to various conclusions about the status of his mental clarity. Redstone stepped down as executive chairman at both companies earlier this month and remains a director.

Herzer, 51, is a former love interest of the 92-year-old Redstone, who ordered her out of his home in October.

Already, the case is putting on display Mr. Redstone’s complicated web of relationships with his daughter, Shari Redstone, Mr. Dauman and others, such as nurses who tend to him.

Redstone suffers from a speech impairment but was fully aware of his actions when he replaced Herzer with Viacom Chief Executive Philippe Dauman as the person designated to make decisions about his medical care if he is unable, his lawyers argue. Herzer, Redstone’s lawyers assert, has her eye on $50 million and a $20 million mansion she was promised before he changed his estate plan.

The judge criticized Mr. Redstone’s lawyers for failing to include any details about exactly how Mr. Dauman would provide care for Mr. Redstone given that he lives in NY and has a busy job running Viacom.

O’Donnell contends Redstone was “brainwashed” by those around him and is “marooned and a prisoner in his own home in Beverly Park”.

“Surviving a motion to dismiss is a far cry from winning her petition”, her statement said.

“Mr. Redstone does not want to see Ms. Herzer in his house”, Vidal said, according to the media.