A California Superior Court judge ruled that Viacom and CBS chairman Sumner Redstone won't have to be subjected to a battery of tests to determine his mental state, but kept alive for the time being a suit by his former girlfriend that questions his ability to care for himself.
Los Angeles County Superior Court Judge Clifford Klein scheduled a hearing for Jan. 27 regarding a move by attorney’s for Redstone to dismiss the suit by his former girlfriend and caregiver Manuela Herzer claiming the media mogul can no longer make decisions regarding his care and to reinstate her as his health care agent. Herzer claims that when Redstone had her removed from his home in October and replaced her as his primary care decision maker in favor of Viacom CEO Philippe Dauman, he did not have the mental acuity to make such a decision.
Herzer and her lawyers had hoped to convince the court that Redstone was incapacitated and subject him to a battery of tests, including a video deposition and brain scans, to prove his mental state.
According to several reports, Klein stated in his ruling that there was no urgency to determine Redstone’s mental state because he was under the care of a physician, isn’t suffering from any critical health issues, has round-the-clock care and his health agent is an attorney and CEO of Viacom. He added that while the 92-year-old Redstone didn’t currently have any major health issues, at his advanced age, that could change rapidly.