Redstone Won't Testify at Trial -- WSJ
15 April 2016 - 5:03PM
Dow Jones News
By Joe Flint and Keach Hagey
Media mogul Sumner Redstone won't give a deposition nor testify
in a Los Angeles trial next month regarding his mental
competency.
On Thursday, Judge David Cowan of California Superior Court for
the County of Los Angeles upheld his December ruling that Mr.
Redstone, the 92-year-old controlling shareholder of Viacom Inc.
and CBS Corp., wouldn't be deposed. The judge also said he wouldn't
accept testimony from Mr. Redstone in the form of a
declaration.
Judge Cowan had previously said a deposition would be an
unnecessary invasion of Mr. Redstone's privacy.
However, in late March, Mr. Redstone's lawyers put him on a list
of potential witnesses for the May 6 trial. That prompted lawyers
for Mr. Redstone's former companion Manuela Herzer, who is suing to
be reinstated as his health-care agent, to seek again to have him
deposed before the trial.
During Thursday's hearing, Mr. Redstone's lawyers indicated they
wouldn't call on him to testify at the trial.
Pierce O'Donnell, Ms. Herzer's attorney, said the ruling and the
admission from Mr. Redstone's side that he won't testify at trial
is a big win.
"We believe this dooms his case," Mr. O'Donnell said, adding
that he pursued the deposition in part to flush out that Mr.
Redstone wouldn't appear at trial. "They are not putting him up
because he's incompetent," Mr. O'Donnell said.
Mr. Redstone's lawyers said they were pleased with the
ruling.
"We are deeply gratified that the court continues to protect Mr.
Redstone's privacy and dignity," said Gabrielle Vidal, Mr.
Redstone's attorney at Loeb & Loeb, in a statement. "Ms.
Herzer's eagerness to subject a 92-year-old man with a severe
speech impairment to these intrusive proceedings is offensive."
Ms. Herzer has said that Mr. Redstone lacked mental capacity
when he fired her and had her thrown out of his Beverly Hills
mansion in October. Ms. Herzer and lawyers for Mr. Redstone have
been trying to reach a settlement outside of court, but those talks
broke down earlier this week, clearing the way for the trial.
Mr. O'Donnell said his side would still prefer to reach a
settlement.
People familiar with the matter said talks broke down because of
demands Ms. Herzer made regarding the removal of some of Mr.
Redstone's support staff and protection from potential lawsuits
against her by other Redstone relatives. On Thursday, Vanity Fair
reported Ms. Herzer is open to settling again but has asked that,
as a precondition, she be given an hour with Mr. Redstone. Mr.
O'Donnell declined to comment on the reasons for the settlement
talks breaking down but confirmed that Ms. Herzer does want to see
Mr. Redstone again.
Next week, Mr. O'Donnell will depose Mr. Redstone's daughter
Shari, who is a vice chairman of Viacom and CBS and has her own
complex relationship with her father. In two weeks, Viacom Chairman
and Chief Executive Philippe Dauman will be deposed.
Write to Joe Flint at joe.flint@wsj.com
(END) Dow Jones Newswires
April 15, 2016 02:48 ET (06:48 GMT)
Copyright (c) 2016 Dow Jones & Company, Inc.
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