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Choose Weighs motion to brush aside After Viewing Deposition of Sumner Redstone

Saheli May 7, 2016 Business Comments Off on Choose Weighs motion to brush aside After Viewing Deposition of Sumner Redstone

Sumner Redstone, the controlling shareholder of Viacom and CBS, shown in April 2013.

Sumner Redstone had an epithet this week for the woman who delivered a lawsuit tough his mentalcompetency, repeating it numerous instances in the course of a deposition. The way he expressed thosephrases may be extra telling.

For the beyond few years, Wall street and commercial enterprise rivals were inside the darkish aboutthe declining fitness of ninety two12 monthsold Mr. Redstone, the controlling shareholder of Viacom Inc. and CBS Corp.
He stopped acting at their earnings calls and hasn’t been to the organizations’ annual meetingsconsidering that 2014. It became everybody’s wager as what his absence supposed.

On Friday, they got their first insight thru the transcript of a videotaped deposition of Mr. Redstone that airedinside the first day of the trial. at the same time as tawdry claims have riveted Hollywood, the saga has heldfundamental groups hostage.

In his deposition, the media mogul struggled to respond to questions with the assist of an interpreter, whorequested him repeatedly to slow down and speak louder. At one point, she asked Mr. Redstone to swallow when he become having trouble. And on various activities, he tried however didn’t spell outwords as responses.
The California lawsuit facilities on a declare via Manuela Herzer, Mr. Redstone’s former accomplice and housemate, that he was incompetent while he evicted her remaining fall. He additionally eliminated her as his fitness-care agent within the occasion he became incapacitated, and reduce her out of his will.

Mr. Redstone came across truly inside the transcript. requested through Ms. Herzer’s lawyer at the startof the interview “who is Manuela Herzer?,” Mr. Redstone responded “Manuela is a f–ing bitch,” in line withthe transcript. He repeated that description a couple of times, together with in answer to a query on why he evicted her from his home.

asked if Ms. Herzer stole money from him, he respondedsure.” And when requested via his personalattorney, “Who do you want to make your fitness care decisions?” Mr. Redstone replied, “Shar – Shari.” Shari Redstone is his daughter.

After viewing the videotape, choose David Cowan of l. a. advanced court docket indicated he felt Mr. Redstone made his alternatives clean. Later within the day, he told the legal professionals inside thecourt docket that he could keep in mind the defense’s request to disregard the case over the weekend.“How can i sit here and say, after taking note of that video, you may’t have what you want?”decide Cowan stated. “I’m going to need to have evidence given to me that he does now not know what he’s saying.”

He requested Ms. Herzer’s attorney, Pierce O’Donnell, why he shouldn’t dismiss the case. “What proof doyou have to rebut the testimony I simply heard?” He brought, “Your burden is a tough one.”

Mr. O’Donnell stated that Mr. Redstone’s answers have been rehearsed, arguing the deposition turned intonow not proof of Mr. Redstone’s intellectual capacity. The lawyer informed the choose he hadn’t evenbegan to make his “superb” case of undue influence.

There are high stakes inside the case for Mr. Redstone’s $40 billion media empire, which includeshousehold names like CBS, MTV, Comedy central and Paramount images. An detrimental ruling by usingthe choose, which regarded not likely on Friday, may want to pressure his buddies to eliminate him as Viacom and CBS’s controlling shareholder.

that could occur with the aid of triggering the transfer of his almost eighty% vote casting stakes in everycorporation right into a accept as true with managed via seven humans, including his daughter Ms. Redstone, Viacom CEO Philippe Dauman and others.
Viacom and CBS declined to comment.

If Mr. Redstone’s protection prevails, the deposition still increases widespread questions for Viacom and CBS traders and commercial enterprise companions approximately his circumstance and capacity toexplicit his desires.

whilst Mr. Redstone become asked what Ms. Herzer did to help him with his care, he tried to spell out aword. “Spell it for me Sumner,” said the interpreter, Anne Lefton. “What’s the first letter? L. the followingletter? H…” The workout stopped there and the wondering moved on, in keeping with the transcript.
pals of Mr. Redstone have been involved in April 2015 that his medical circumstance can also require Viacom to get rid of him as a director and forestall paying him, in line with an electronic mail sent by a former attorney for the firm that represents Mr. Redstone. The query became whether the clinicalcondition mentioned his physical condition and trouble speaking, or his intellectual circumstance, atdifficulty coming within the cutting-edge trial.

Mr. Redstone stepped down as government chairman of Viacom and CBS in February, 10 months after that e-mail become despatched and 4 months after Ms. Herzer changed into eliminated from his mansion and could.

throughout his commencing remarks, Mr. O’Donnell painted Ms. Redstone because the mastermind of Ms. Herzer’s ouster, calling it a “palace coup…financed via his daughter Shari.” He argued that Ms. Redstone “needed to cast off Manuela with the aid of any methodbecause “she became a difficult barrier betweenher and her father’s cash and power.”

Ms. Redstone, via a spokeswoman, stated the statements “are total fiction with no authentic foundation.”

Ms. Redstone has alleged that Ms. Herzer blocked her from seeing her father, a declare Ms. Herzer denied.each ladies had been in courtroom on Friday, with Ms. Redstone shaking her head “no” at points for the duration of the intending.

In his commencing feedback, Mr. Redstone’s lawyer, Robert Klieger, called his client a “cussed, strong-willed, obsessive” character who “gained’t take ‘no’ for an answer” and “does not tolerate lies.”

Mr. Redstone’s harsh descriptions of Ms. Herzer have been reminiscent of Mr. Redstone’s tough-nosedbusiness dealings of the beyond several a long time, during which he changed into recognised to bedifficult, litigious and outspoken.
Mr. Klieger alleged that Ms. Herzer lied to keep him faraway from contact with ladies he cared about, ex-girlfriend Sydney Holland and longtime friend Terry Holbrook. Mr. Redstone “obsesses over ladies,” Mr. Klieger said. “He hates to be alone.”

As such, his selection to throw Ms. Herzer out of his house and do away with her as his health-care agent “became not an irrational trade,” Mr. Klieger said. “The evidence will display that he did in fact have thepotential to make that decision.”

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