Attorneys for Sumner Redstone’s ex-girlfriend say he was probably brainwashed

Hoping to salvage their high-stakes legal case, lawyers representing Sumner Redstone’s former companion argued Sunday that a judge should look beyond the media mogul’s fiery testimony to determine whether he has been unduly influenced by the people who surround him -- including his daughter.

Los Angeles County Superior Court Judge David J. Cowan is expected to decide Monday whether to dismiss the lawsuit brought by the 92-year-old mogul’s former companion, Manuela Herzer, or proceed with a trial to decide whether the controlling shareholder of Viacom Inc. and CBS Corp. is mentally competent.

The trial started in dramatic fashion Friday with an 18-minute videotaped deposition of Redstone, who described Herzer in vulgar terms and said that he wanted her “out of his life.”

The judge appeared to be moved by Redstone’s testimony, saying “How can I sit here and say after listening to that video, ‘No, you can’t have what you want.’ ... That’s a tough call.”

Until mid-October, Herzer was Redstone’s longtime friend, primary caregiver and the agent in charge of his healthcare, should he become unable to make decisions for himself. Then, Redstone abruptly had Herzer removed from his Beverly Park home, and he cut her out of his will four days later. Herzer brought the lawsuit in late November, saying Redstone was not in his right mind.

Redstone now says he would like his daughter, Shari Redstone, to oversee his healthcare decisions.

The Redstone family controls nearly 80% of the voting shares of CBS and Viacom. The $42-billion media empire includes such prominent assets as MTV, Comedy Central, Nickelodeon, BET, Showtime, CBS and the Paramount Pictures movie studio.

Cowan asked lawyers on both sides to submit arguments on whether the trial should continue.

In their court papers, Herzer’s attorneys argued that they haven’t had a chance to present much evidence in their case, which they contend will show that Redstone soured on Herzer only after a campaign of misinformation by the people who surround the mogul, including Shari Redstone, who serves as vice chair of CBS and Viacom.

“Terminating trial after one day and three witnesses would be a great disservice to Redstone’s best interests because, if his decisions are the product of mental illness or undue influence, the proceedings are not only reasonably necessary, but essential, to protect him,” Herzer attorney Pierce O’Donnell wrote Sunday in a response to Redstone’s lawyers’ motion to dismiss the case.

Herzer’s side is arguing that Redstone was probably brainwashed by his nurses and daughter who wanted Herzer out of his life.

Herzer’s expert witness, Dr. Stephen Read, testified Friday that he believes that Redstone suffers from dementia, and that the mogul’s angry outbursts were evidence of such a disease. Read examined Redstone, who has a severe speech impediment, in late January.

“The court also needs to hear the substantial evidence why Shari Redstone is manifestly unfit to serve as Redstone’s healthcare agent,” O’Donnell wrote, adding that a “full and comprehensive trial” should be held to probe whether Redstone lacks capacity.

Redstone’s attorneys, for their part, argued that the case should be dismissed.

“Mr. Redstone has a fundamental right to make decisions regarding his own health care,” Redstone attorneys Amy Koch and Robert Klieger wrote, adding that Herzer should not be allowed to insert herself into an area that Redstone clearly does not want her.

“In the interests of his privacy, dignity, legacy and family, Mr. Redstone respectfully renews his request that the court dismiss the petition and allow him to live out his remaining days in peace,” Koch and Klieger wrote.

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