Redstone's Ex-Girlfriend Loses Again in Mental Health Fight

Sumner Redstone again defeated an attempt by a former girlfriend to have him interviewed by her lawyers to show that the media billionaire is incompetent to make decisions about his affairs.

A California probate court judge on Monday rejected a request by Manuela Herzer to make Redstone, 92, give a deposition while she seeks permission to reinstall herself as his proxy if he can no longer make his own medical decisions in the future. Judge David Cowan said he’d allow limited questioning of Redstone’s doctors.

Herzer’s lawsuit has cast a spotlight on the mental capacity of the Viacom Inc. and CBS Corp. chairman. Herzer, who was banned from Redstone’s house in October, was replaced as the agent on his advance health-care directive by longtime friend and Viacom Chief Executive Officer Philippe Dauman.

A statement by Dauman that Redstone was attentive, engaged and intelligible in recent conversations was disputed by Herzer in a Dec. 11 court filing. She said Redstone was conspicuously disengaged and inattentive to the people around him.

“I do not know what Mr. Dauman means when he uses these words, but it is not consistent with the ordinary meaning of the words ‘engaged’ and ‘attentive,’" Herzer said, referring to an Oct. 8 visit by Dauman to Redstone. “Sumner might occasionally look at someone in the room but was largely disinterested and prone to gazing in the general direction of the television."

Dauman Deposition

Cowan said Monday that Herzer’s lawyers can question Dauman in a deposition.

Redstone’s lawyers have alleged that Herzer is solely concerned about her share of his estate. Last month, a judge agreed with them that,  given that Redstone was receiving good medical care, there was no urgency for him to be examined until there’s a decision on whether the lawsuit should go forward.

Herzer last week went back to court to again seek permission to have Redstone examined, arguing she can’t fight his request to throw out the case without obtaining evidence of his mental state.

The case is In re Advance Health Care Directive of Sumner M. Redstone, BP168725, Los Angeles County Superior Court.