By Lisa Richwine
LOS ANGELES (Reuters) - A California judge has denied a request by a former girlfriend to depose Sumner Redstone as part of a lawsuit that challenges the 92-year-old media mogul's mental competency.
Attorneys for Manuela Herzer had argued in court filings that they should be allowed to take Redstone’s deposition because he had planned to testify at a trial scheduled to start on May 6.
Lawyers for Redstone said on Thursday they do not plan to call Redstone to testify at trial.
Herzer has filed a lawsuit arguing that the multi-billionaire was not mentally competent when he removed her as his designated health care agent last October.
Redstone’s lawyers argued in a separate filing that he should not have to endure an invasive deposition in order to preserve his right to be heard at trial.
Settlement talks between lawyers representing Redstone and Herzer have broken down, according to Herzer’s court filing.
A trial could cause further embarrassment for the ailing Redstone and his family, and act as a continued distraction for media company Viacom Inc, which is majority-owned by Redstone. He is also the controlling shareholder of CBS Corp (NYSE:CBS).
The deposition of Viacom CEO Philippe Dauman in the case is scheduled for April 29, according to a lawyer for Herzer.