sumner redstone
Alex Berliner/BEI

Attorneys for Manuela Herzer are appealing a judge’s denial of their effort to gain an interview with Sumner Redstone in order to determine his mental capacity.

Herzer’s legal team said the judge’s denial was based “on an improperly broad view of the right of privacy.” Meanwhile, a deposition of Viacom CEO Philippe Dauman is scheduled for Jan. 26 in New York in Hertzer’s suit over Redstone’s mental capacity.

“While the trial court will consider — and give deference to — the testimony of two doctors whose opinions as to Mr. Redstone’s capacity are based on their own meetings with him, Petitioner Herzer will not be able to test the foundation of their opinions with direct testimony from Mr. Redstone or to present contrary opinions from her own expert after the opportunity to conduct a mental examination of Mr. Redstone,” her attorneys said in a petition filed on Monday in the California State Court of Appeal.

Herzer’s attorneys have contended that those around the billionaire have misrepresented the severity of his decline and even forged his signature on one document as they improperly took control of his life. Herzer went to court on Nov. 25 alleging that she had been forced out of his Beverly Park mansion in October without cause as Redstone’s health care agent at a time when Redstone no longer had the mental ability to make such decisions. She is also Redstone’s former girlfriend.

Attorneys for Redstone have opposed requests for depositions, and have challenged the characterizations of Redstone as unable to make his own health care decisions.

Herzer, represented by a team including Pierce O’Donnell and Bert Fields of Greenberg Glusker, was replaced in October as his health care agent by Dauman, according to the court filing.

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