Since Redstone said in the deposition that he now wants his daughter, Shari Redstone, vice chairwoman of CBS and Viacom, to make medical decisions for him, if need be, there is nothing further for the court to decide, Cowan said.
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Redstone gave videotaped testimony about his wishes, and Judge David Cowan found the testimony compelling.
Herzer filed the petition questioning Redstone’s mental capacity in late November, alleging that she was wrongfully removed from her role overseeing Redstone’s healthcare and his household affairs.
The challenge to Sumner Redstone’s mental competency was dismissed by a Los Angeles judge Monday. “Though Herzer may have believed that Redstone would not be able to say anything, or be able to understand the questions, he did both”.
“Redstone had not otherwise meant to appear at trial in view of the medical risks and difficulties involved in doing so”, Cowan wrote in his 17- page decision.
While the video of Redstone’s testimony was closed to the press and the public, audio heard through the courtroom door indicated that the media mogul could barely articulate simple words.
Herzer contends Redstone was manipulated into kicking her out of his home and life in October.
Moments after Herzer’s lawsuit was thrown out by the judge, she filed a new suit claiming she had been cut out by Redstone’s daughter of US$70 million in expected inheritance.
Following their split, Redstone chose to make adjustments to his estate plans by removing Herzer from his will. Sumner Redstone requested that his daughter, Shari Redstone, replace Herzer as his health agent and make medical decisions on his behalf.
Ms. Herzer’s lawyers argued in a brief Sunday that if the case is allowed to proceed, they will show Mr. Redstone was incapacitated and that he has come under the “undue influence” of others in his life including Ms. Redstone and staffers at his Beverly Hills mansion. 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.
Redstone’s lawyers cited a previous case, upheld in the appellate courts, in which an elderly husband was not required to justify all his reasons for breaking with his wife. The trial, which began Friday with Sumner Redstone’s testimony, has lifted the veil on lurid details of the elder Redstone’s final years.
Herzer filed a petition past year contending that Redstone lacked the mental capacity to expel her from his home and could no longer make informed decisions.
The decision might put off a clash between Viacom CEO Philippe Dauman and Redstone’s daughter Shari Redstone for control of the media empire.
“I am grateful to the court for putting an end to this long ordeal”, Shari Redstone said in the statement.
Redstone’s lawyers argue that Herzer and Sydney Holland, another former girlfriend, took advantage of the aging media mogul in order to gain access to his wealth. “Mr. Redstone looks forward to spending time with his loved ones in peace”.
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At one point, Read said that Redstone enjoyed betting on sports, but did not know who the teams were. Redstone’s mental health declined rapidly after he broke off with Holland in August, according to Herzer.
