The motion on behalf of Redstone, the controlling shareholder
of Viacom Inc and CBS Corp, said he need not be examined since
his own physician concluded that he was making healthcare
decisions for himself.
Redstone's lawyers also argued that the proceeding does not
appear reasonably necessary to protect Redstone's interests and
it is 'abusive' and 'invasive'.
In November, Herzer petitioned to have him examined to see if he
was able to make decisions for himself. Weeks earlier, Herzer
had been told to leave Redstone's Los Angeles home and was
replaced by Viacom CEO Philippe Dauman as Redstone's healthcare
Investors in Viacom are closely following the suit, which has
raised concerns about whether Redstone is capable of continuing
as executive chairman of Viacom and CBS, both of which he
Los Angeles County Superior Court Judge David Cowan in December
allowed for depositions of Dauman and Redstone's doctors on
medical issues, but held off on allowing a deposition of
92-year-old Redstone until he hears from the doctors.
[to top of second column]
In court documents, Herzer has described Redstone as mentally
vacant, "listless" and prone to uncontrollable crying spells.
Redstone controls about 80 percent of the voting shares in CBS and
Viacom through a holding company, National Amusements.
Herzer had been chosen by Redstone to make healthcare decisions for
him in case he was not able to, her lawsuit says, until Redstone
executed a new agreement on Oct. 16 to remove Herzer as his health
care agent. Herzer has alleged that the 92-year-old media mogul's
signature was forged on a subsequent agreement allowing her to
remove her belongings from his home.
(Reporting by Rishika Sadam in Bengaluru, Peter Henderson in San
Francisco and Lisa Richwine in Los Angeles; Editing by Sunil Nair
and Gopakumar Warrier)
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