Judge tosses mental competency lawsuit by Sumner Redstone's ex-girlfriend
A judge in Los Angeles tossed out Monday a lawsuit from Sumner Redstone’s ex-girlfriend that challenged the mental competency of the former chairman of Viacom and CBS Corp., concluding a case that unveiled much of the drama behind the 92-year-old media mogul's estate planning.
In issuing the ruling only a day after the trial began, Judge David Cowan of the Los Angeles Superior Court sided with Redstone, who testified that he wanted to replace ex-girlfriend Manuela Herzer with his daughter, Shari Redstone, as his health agent in making medical decisions. Cowan's ruling acknowledges Redstone's decision and intentions, but doesn't include a judgment on Redstone's mental capacity.
Cowan arrived at his decision after seeing an 18-minute, expletive-filled video deposition by Redstone. In it, Redstone claimed that Herzer stole money from him and he wanted her out of his life.
Herzer, who has denied that she's solely after his money, argued that she was wrongly removed as his primary care agent. Herzer's lawyer, Pierce O'Donnell, said Monday his client plans to appeal and file a new suit for $100 million against Shari Redstone.
"I am so happy for my father that he can now live his life in peace, surrounded by his friends and family," Shari Redstone, vice chairwoman of CBS and Viacom, said in a statement. She's also the president of National Amusements, a privately-held company that owns controlling stakes in CBS and Viacom.
Last year, Herzer sued to challenge Redstone's decision to remove her from his will, claiming he lacked the mental competence to make the decision and was improperly influenced by Shari Redstone.
Sumner Redstone's lawyers have maintained that Herzer is chiefly financially motivated and spent his money lavishly while serving as his care agent. Herzer and Sydney Holland, another woman who had been in a relationship with Redstone, collectively received $150 million from him over a five-year period, according to court documents filed by Redstone's lawyers.
"Ms. Herzer bet wrong when she assumed that Mr. Redstone’s difficulty communicating would result in her reinstatement in his life and fortune," said Robert Klieger, an attorney at Hueston Hennigan who's representing Redstone. "Mr. Redstone is looking forward to liberating the $150 million in ‘gifts' to Ms. Herzer and her friend.”
That Redstone is ailing is widely known in the industry. He needs 24-hour care and has stepped down from the chairmanship of Viacom and CBS earlier this year despite the companies' prior statements attesting to his capacity to independently make business decisions.
In February, Redstone stepped down as chairman of the boards at CBS and Viacom. He was named chairman emeritus at both companies, and was replaced at CBS by CEO Les Moonves and at Viacom by CEO Philippe Dauman.
"Mr. Redstone is grateful that the court dismissed this case and honored his stated wish to keep Manuel Herzer out of his life and healthcare decisions. Mr. Redstone looks forward to spending time with his loved ones in peace," said Gabrielle Vidal, an attorney at Loeb & Loeb who represents Redstone.
Contributing: The Associated Press