Settlement negotiations have hit a snag in the lawsuit challenging the mental competence of the ailing media mogul Sumner Redstone, reviving the possibility that the case could proceed to a messy public trial.
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Sumner Redstone will not have to face a deposition next week from his former companion’s lawyers, a L.A. Superior Court judge ruled today. Citing Redstone’s severe speech impediment, the attorney also said they might still include him in the case at some point but have no plans to call him as a witness now.
Redstone himself could still testify at that trial, “but he’s not going to appear to provide testimony”, noted Redstone’s attorney Robert Klieger at the hearing in downtown L.A. this afternoon before the judge made his ruling.
“We are deeply gratified that the court continues to protect Mr. Redstone’s privacy and dignity”, Vidal said.
Cowan indicated he won’t let Redstone testify by way of declaration because of concerns about hearsay, but left the issue open for further discussion.
Herzer stood to inherit millions and his mansion in California before Redstone ended their relationship.
Herzer has been fighting to have a judge discredit that document, saying Redstone is a “living ghost” who “lacked the mental capacity” to make the decision.
WSJ reported Monday that Redstone had expressed his unhappiness with Viacom’s CEO Philippe Dauman plan to seek a strategic partner for the studio he acquired after a hard-fought takeover battle in 1994. She would like to dispel the allegation that she prevaricated about giving his granddaughter Keryn Redstone permission to use his credit card to underwrite her move to Los Angeles in order to live with him.
Attorneys for Manuela Herzer had argued in court filings that they should be allowed to take Redstone’s deposition because he plans to testify at a trial scheduled to start on May 6. In February, after being examined by an outside psychiatrist, Redstone stepped down as executive chairman of Viacom and CBS.
One of the big questions in the case has been whether the controlling shareholder of Viacom Inc. and CBS Corp. would be physically able to testify in court. That authority has since been transferred to Redstone’s daughter, Shari Redstone, who has clashed with Dauman on management decisions involving Viacom.
Redstone’s attorneys maintain he knew what he was doing when he removed Herzer. Apparently, Herzer would like to use the visit to tell Redstone that she never lied to him, and that she has never done anything to hurt him.
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“Ms. Herzer’s eagerness to subject a 92-year old man with a severe speech impairment to these intrusive proceedings is offensive”, Vidal added.
