Judge Throws Out Suit by Sumner Redstone's Ousted Lover/Caretaker

LOS ANGELES, CA - A judge today dismissed a bid by Sumner Redstone's former girlfriend to regain control of his health care, finding the media mogul was of sound mind when he removed her from that position last October.

Los Angeles Superior Court Judge David Cowan granted a motion by Redstone's attorneys to toss Manuela Herzer's petition. They argued the 92-year- old billionaire knew what he was doing when he decided he no longer wanted her in charge of making medical decisions on his behalf and that he was not the subject of undue influence of his family members and his caretakers.

Cowan cited the testimony of Redstone, which he viewed Friday on video, a day after lawyers on both sides questioned him at Redstone's Beverly Park home.

"Redstone had not otherwise intended to appear at trial in view of the medical risks and difficulties involved in doing so," Cowan wrote in his 17- page decision. "However, Redstone's testimony has ultimately defeated her case."

Though Redstone had some problems speaking and swallowing, he was clear about his intentions, Cowan found.

"The court was able to see the strong conviction he had about what he said," Cowan wrote. "He was very composed and did not appear angry. The court does not believe Redstone had any confusion about what he was asked., about his wishes or the reasons for his wishes."

Asked by one of his lawyers what he wanted the judge to do, Redstone replied he desired that his daughter, Shari Redstone, serve as his health care agent, Cowan wrote.

"Redstone made crystal clear at his deposition that the reason he did not want Herzer as his agent was that he had kicked her out of his home," Cowan wrote. "He did not trust her because he believed she had lied to him and stolen money from him."

According to a transcript of the Redstone deposition, he was emphatic when he said he no longer wanted Herzer around.

"Did you ever say that Manuela was the love of your life?," Herzer's lawyer, Pierce O'Donnell, asked Redstone.

"Yes," Redstone replied.

"Do you still love her?" O'Donnell inquired.

"No," Redstone said.

Asked to explain why he did not explain to Herzer why he was ordering her out of his house and his life, Redstone answered, "Because she's a (expletive) bitch."

Herzer contends she oversaw Redstone's daily care until she was evicted from his house on Oct. 12 in a confrontation with his driver, who told her, "Mr. Redstone doesn't want you here."

O'Donnell said he believes Redstone was "brainwashed" into allowing those around him to evict Herzer.

O'Donnell made a brief statement in court today, naming the witnesses he intended to call, but acknowledging he expected Cowan to finalize his tentative ruling.

City News Service