But the legal battle over Viacom mogul Sumner Redstone’s estate will go on, as Judge Suzanne Bruguera allowed Herzer’s legal team to amend the lawsuit and refile the case. Pierce O’Donnell, Herzer’s attorney, said in a statement that he was “thrilled” the case would be allowed to proceed.
Herzer’s suit, filed in May, alleged that Shari Redstone had conspired with her father’s nurses to spy on Herzer and ultimately to evict her from his home. Herzer claimed that Shari took advantage of Redstone’s weakened mental condition to persuade him to cut her out of his estate.
Shari Redstone’s attorneys countered that the case should be dismissed because it belonged in probate court.
In her ruling, Bruguera sustained Shari Redstone’s objection, finding that Herzer’s claim did not state sufficient reasons for the case to be heard in a civil court. Bruguera also ruled that the complaint did not cite sufficient facts to allege a violation of Herzer’s privacy.
Herzer will have 20 days to refile the suit. The judge also ordered a mediation by Nov. 7.
“We’re very pleased with the outcome,” said Robert Klieger, Shari Redstone’s attorney.
Shari Redstone recently ended a months-long standoff with Viacom CEO Philippe Dauman, who alleged that Shari was attempting to “hijack” her father’s estate. Dauman agreed last month to step down as CEO in return for a compensation package worth more than $72 million.