Redstone’s attorneys filed a motion Monday in which they agreed to permit Herzer’s attorneys to obtain his medical records, conduct depositions of his doctors and nurses, and obtain an iPhone video of Redstone recently shot by CBS board member Arnold Kopelson. The attorneys said they would continue to oppose any move to take Redstone’s deposition.
Redstone’s attorneys sued Herzer in April, seeking to confirm the removal of Herzer from his trust. Herzer’s attorneys filed a demurrer to the suit, which was denied, and then filed a motion arguing that Redstone cannot proceed with the litigation because he is unaware of it.
“Redstone is not calling any shots and is not directing anything,” wrote Herzer’s attorneys.
In response, Redstone attorney Robert Klieger argued that Herzer’s “unremitting attacks on Redstone’s capacity and the authority of his counsel in both the courtroom and the press are beyond tiresome.”
“For that reason, if the Court is so inclined, Redstone does not object to Herzer’s request for discovery and an evidentiary hearing on Redstone’s capacity, provided only that his health, dignity, and constitutional privacy rights are protected in the process,” Klieger wrote.
Herzer’s attorneys have indicated they would like an independent medical examination of Redstone, a step that Klieger said he would oppose.
The case is before L.A. Superior Court Judge David Cowan, who ruled against Herzer in 2016, finding that Redstone had sufficient mental capacity to remove her as his health care agent.
Even if Cowan finds that Redstone lacks capacity now, Klieger argued the direction of the case would automatically fall to his daughter Shari Redstone, who has power of attorney. Either way, Klieger argues that the effect would be the same — the Redstones would continue to pursue the case confirming the validity of his trust amendment.
Redstone’s mental condition is also at issue in the ongoing litigation between National Amusements and CBS. CBS’s attorneys have raised questions about whether Sumner Redstone is actually calling the shots in that legal battle. The Kopelson video, which was shot at Redstone’s home in January, was submitted as evidence to the Delaware Chancery Court, though it has not been made public.