The lawsuit challenging the mental competence of the ailing 92-year-old media mogul Sumner Redstone can go forward, a California judge David Cowan.
Cowan denied a motion by Redstone’s lawyers to dismiss Manuela Herzer’s petition. “The court waives normal discovery and cutoff dates in light of the age of Redstone, ” said Judge Cowan. The judge set five days for trial beginning May 6-12.
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Herzer, 51, had charge of Redstone’s health decisions up until october, when she was booted out of his Beverly Hills mansion and replaced in the responsibilities by Dauman – who lives in NYC.
Today’s hearing in the ongoing health care dispute between the media mogul and his ex comes after Viacom executive chairman and CEO Philippe Dauman was ordered to sit for a deposition in the case and a flurry of barbed filings late last week by both sides staking out more ground in this legal trench warfare.
“Suffice it to say, though not conclusive as to capacity, that those details are difficult to read in describing how this man is hanging on to life, ” Cowan wrote in the 21-page ruling.
Cowan also wrote that Redstone’s personal physician maintains his patient does have the mental capacity to make such decisions on his own behalf.
“It will therefore be the court’s primary task at trial to determine which of these physicians most accurately states Redstone’s mental status, ” Cowan wrote.
Redstone’s daughter, Shari Redstone, who was in court today, maintains that Herzer is upset that on the same day her father took away Herzer’s health- care directive, he also revoked a “very significant gift” to her, according to the judge’s ruling.
But the judge also penned that Herzer maintains that independent of any financial interests, she has cared about her former flame’s health for many years “without any help from Redstone’s family.”
O’Donnell contends Redstone was “brainwashed” by those around him and is “marooned and a prisoner in his own home in Beverly Park.”
Redstone’s lawyer, Gabrielle A. Vidal, told Cowan that the media mogul wants Herzer out of his life.
“Mr. Redstone does not want to see Ms. Herzer in his house, ” Vidal said, according to the media.
Redstone’s current health care advocate is Viacom CEO Philippe Dauman.
By City News
