CBS CBS Corp

By Joe Flint 

CANTON, Mass. -- A Massachusetts judge Thursday sought information on Sumner Redstone's health and estate planning as he weighs whether to dismiss a suit claiming the 93-year-old media mogul lacked the mental capacity to have made recent decisions affecting his business empire.

The suit was brought by Viacom Inc. Chairman and Chief Executive Philippe Dauman and board member George Abrams, who were removed from the trust that will oversee Mr. Redstone's controlling stakes in Viacom and CBS Corp. after he dies or is declared incompetent. The men were also removed from the board of Mr. Redstone's holding company, National Amusements.

At a daylong hearing here in Norfolk Probate and Family Court, packed with more than two dozen lawyers, Judge George Phelan listened to both sides go back and forth on Mr. Redstone's relationship with his daughter, Shari Redstone, who the plaintiffs allege has exercised "undue influence" over Mr. Redstone. She has denied manipulating her father.

The judge also heard a debate on whether a trial should be held in Massachusetts, where the trust is administered, or California, where Mr. Redstone has resided for 13 years.

"Obviously, I have a lot of new information to digest," Judge Phelan said.

The Redstone camp is arguing that if Judge Phelan does not dismiss the case, he should punt it to Los Angeles. There, it could go before the same judge who in May dismissed another suit challenging Mr. Redstone's competency, brought by former companion Manuela Herzer. She sued to fight her removal as his health-care proxy.

In the Herzer case, Judge David Cowan of Los Angeles Superior Court ruled that Mr. Redstone's wishes with respect to Ms. Herzer were clear, but didn't rule explicitly on the mogul's competency.

On Thursday, Judge Phelan showed significant interest in the previous trial. He questioned why his counterpart in California didn't make a decision on mental competency.

Judge Phelan also grilled both sides about Mr. Redstone's fading health and the challenges he has speaking. He sought detailed information about how Mr. Redstone's speech is translated by a nurse and a speech therapist and their relationships to him. He also wanted to know about Mr. Redstone's relationships with his doctor and new lawyer, Michael Tu, and how Mr. Redstone is kept abreast of developments in his legal battles.

Mr. Redstone's legal team is arguing that the removals of Messrs. Dauman and Abrams from the trust can't be challenged because the mogul has not been declared incompetent either by a judge or three doctors, as stipulated in the trust. Les Fagan, the lawyer for the plaintiffs, challenged that interpretation, adding that their removal "has been tainted and poisoned by Sumner Redstone's lack of capacity."

The judge also got an earful about Ms. Redstone, with one side portraying her as a loving daughter and the other saying she is a power-hungry manipulator. "It is a character assassination of my client in the worst way," said Ms. Redstone's lawyer, Elizabeth Burnett.

What happens in Massachusetts could have major ramifications for a legal battle in Delaware between Viacom and National Amusements, through which Mr. Redstone controls his companies. National Amusements earlier this month moved to oust five directors from the Viacom board, including Messrs. Dauman and Abrams. Those removals are also being challenged by Frederic Salerno, Viacom's lead independent director.

Write to Joe Flint at joe.flint@wsj.com

(END) Dow Jones Newswires

June 30, 2016 18:01 ET (22:01 GMT)

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