A Los Angeles Superior Court Judge suggested on Friday that he might dismiss a lawsuit challenging the mental competency of media billionaire Sumner Redstone.
Judge David Cowan told the packed courtroom that, after listening to Redstone’s deposition confirming that he intended to remove former girlfriend Manuela Herzer as his caregiver last October, he felt compelled to strongly consider the testimony and rule against Herzer’s attempt at reinstatement.
“How can I sit here after listening to that video [deposition] and say [to Redstone], ‘No, you can’t have what you want,’” said Cowan, who asked attorneys to submit briefs over the weekend for a decision on Monday on whether to resume the trial.
The deposition submitted by Redstone was pre-taped on Thursday at his Beverly Hills home, and the judge seemed swayed by its contents.
“Mr. Redstone’s deposition was strong. I said you had a mountain to climb, the burden you had to show even before the case started,” Cowan told attorneys in the case. “What evidence do I have that Mr. Redstone continues to be, if he ever was, unduly influenced by somebody?”
The lawsuit at hand was filed last November by former Redstone girlfriend Manuela Herzer, who claimed Redstone was not of sound mind when he fired her as his primary caregiver and removed her from his home.
She also contended that Redstone was influenced by his daughter Shari, who currently oversees his health care. Herzer’s subsequent lawsuit questioning his mental competency has captivated Hollywood, Wall Street and for months.
“I want this trial to focus on his best welfare. He has been put through a difficult deposition that you requested,” Judge David Cowan told Herzer attorney Pierce O’Donnell earlier in court on Friday. “I’ve heard a lot of things in opening statements I’m not necessarily inclined to hear. I want to know why he lacks capacity.”
Court proceedings will resume Monday. Should the trial resume, other witnesses expected to testify include Redstone family members, doctors and Viacom chairman and CEO Philippe Dauman, who briefly served as the mogul’s health care agent.