CBS CBS Corp

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)

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