Viacom's Sumner Redstone in 2014.  Photo via
Viacom’s Sumner Redstone in 2014. Photo via

Attorneys for Sumner Redstone told a judge Thursday that their client will not testify during an upcoming trial concerning whether his former girlfriend should be reinstated as the 92-year-old media mogul’s health-care agent.

In light of the announcement, Los Angeles Superior Court Judge David Cowan said he was again denying a request by Manuela Herzer’s lawyers to take Redstone’s deposition. Herzer’s attorneys maintained they needed the testimony to prepare for trial if Redstone was going to take the stand as his lawyers originally stated.

Cowan said he would not consider receiving a sworn declaration from Redstone in place of his testimony, saying that would be hearsay.

Pierce O’Donnell, Herzer’s attorney, said his client should be allowed to resume making Redstone’s health decisions as she did before she was evicted from his home last year by those in his present inner circle. Herzer maintains that Redstone, the former board chairman of CBS Corp. and Viacom, the parent company of Paramount Pictures, is “tragically incapacitated” and that his lawyers’ decision not to bring him to court proves it.

“This dooms their case,” O’Donnell said.

O’Donnell said the depositions of other key witnesses are scheduled next week, but that Herzer still hopes the case can be settled before trial. She also desires to visit Redstone, he said.

Redstone recently stepped down as chairman of both Viacom and CBS.

Redstone’s attorneys maintain he knew what he was doing when he removed Herzer.

— Wire reports 

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