cc Monday, May 2, 2016 latimes.com/news

Judge orders Redstone to testify The mogul must give a deposition in the trial to determine his mental competency

By MEG JAMES TIMES STAFF WRITER edia mogul Sumner Red- M stone will have to provide testimony in an upcoming trial to determine whether he is mentally competent, a dramatic turn in the high-profile case that his lawyers had been fighting to prevent for months. Los Angeles County Superior Court Judge David J. Cowan on Monday ruled that the 92-year-old controlling shareholder of CBS Corp. and Viacom Inc. must give a 15- to 30-minute deposition at Sumner Redstone (Lawrence K. Ho / Los Angeles Times) his Beverly Park mansion. The surprise decision comes just days at the trial, which is scheduled to Lawyers for Redstone and his before the trial is due to begin. begin Friday. However, the public associates have painted a dramati- Cowan’s ruling could have ma- and media will not be allowed in cally different picture. They say jor ramifications in the bitter dis- the courtroom during Redstone’s the mogul is in command of his pute and could prompt both sides videotaped testimony, Cowan said. faculties, and that they have car- to resume settlement talks that had Redstone’s deposition had been ried on in-depth conversations collapsed last month. A resolution sought by attorneys for Manuela with him. Redstone has participat- would spare Redstone, who strug- Herzer, his former companion who ed in corporate votes at Viacom gles to speak intelligibly, the em- was removed from a position of and CBS, and lawyers also have barrassment of testifying in a case power at Redstone’s home in Oc- produced lengthy emails that Red- that has exposed deep dysfunction tober. She filed a lawsuit in late stone allegedly had dictated, mak- in his family and raised questions November, alleging that Redstone ing it difficult for the judge to de- about the media empire he con- was not mentally competent to termine whose account is most trols. make decisions concerning his credible. The deposition -- which could healthcare, describing the once Cowan had previously ruled occur later this week -- will be powerful titan as a “living ghost” that Redstone would not have to videotaped and played for Cowan who is prone to crying spells. testify because of his severe speech impediment and declining Herzer with about $25 million, Vidal expressed appreciation health. collapsed last month. The sticking that Redstone’s deposition would But during a heariing Monday, points included a demand by Her- not be made public. the judge said there was no way zer that a handful of members of “We appreciate the court’s con- for him to make an informed deci- Redstone’s household staff be tinued protection of Mr. Red- sion regarding Redstone’s capacity fired, and that Redstone family stone’s privacy and dignity,” she without hearing from the mogul members -- including people who said in a statement. himself. claim to be family members – not During the hearing, Vidal told “His appearance is of the ut- sue her in the future, according to Cowan she wanted to consult with most significance,” Cowan ruled. people close to the talks but not Redstone’s doctors before schedul- “He is not a peripheral witness.” authorized comment publicly. ing the deposition. Redstone’s lead attorney, Ga- Settling the case for under $30 The trial, should it go forward, brielle Vidal, tried to object during million would be a relative “drop is expected to span about seven Monday’s hearing, saying the dep- in the bucket” for Redstone, said days and delve into Redstone’s osition would be too stressful and Lloyd Greif, president and chief interactions with his doctors, nurs- could compromise the mogul’s executive of the downtown invest- es and his daughter, Shari Red- condition. “Stress and anxiety ment banking firm Greif & Co. stone, the vice chairwoman of could be harmful in the extreme Redstone is worth an estimated $5 CBS and Viacom who has had a for him,” Vidal told the judge. billion. tumultuous relationship with Red- Cowan agreed that he didn’t “All of the tea leaves say there stone over the years. want to do anything that would is a question of his mental compe- Shari Redstone is listed on the worsen Redstone’s condition. tency,” Greif said. witness list, along with Viacom “At the end of the day, it is his He said Redstone’s lawyers Chief Executive Philippe Dau- health that should not be jeopard- would have little incentive to take man and the mogul's longtime at- ized in any way,” he said. the case to trial because the pro- torney, David Andelman. Red- During the proposed deposition, posed deposition could undermine stone's doctors and nurses and a lawyer representing each side their case by showing the mogul's even his Paramount Pictures will be allowed to question Red- frailty. chauffeur, Isileli Tuanaki, are also stone for up to 15 minutes. The “This ruling likely will be the expected to testify. judge said he considered a 30- straw that breaks the camel’s Herzer's lawyers have even said minute time limit, or as little as back,” he said. that they might call Redstone's ex- five minutes for each side, but de- Herzer’s attorney, Pierce wife, Paula Fortunato, whom he termined that 15 minutes would O'Donnell, agreed that Cowan’s divorced in 2008. provide a “meaningful” glimpse ruling could help restart settlement into the situation. talks. Several observers were sur- “It should,” he said in the hall- prised that the case has not been way outside Cowan's courtroom settled before now, given the in- after Monday's hearing. “Fifteen tense scrutiny on Redstone's fami- minutes should be more than ly and the questions about his in- enough for me to establish, what I volvement in the affairs of Viacom think I can establish, which is, and CBS. tragically, he does lack capacity.” An earlier effort to settle the case, which would have provided