Judge Approves Guardian Ad Litem Appointment for Media Mogul Sumner Redstone

Executive chairman and CEO of Viacom and CBS Corporation Sumner Redstone attends a ceremony honoring him with the 2,467th star on the Hollywood Walk of Fame on March 30, 2012 in Hollywood, California.

A Los Angeles judge Monday named a longtime probate attorney to be the guardian ad litem for 95-year-old Sumner Redstone in trial of the billionaire's upcoming litigation against a former live-in companion, subject to the nominee's acceptance of the job.

Attorneys for both Redstone and his former companion, Manuela Herzer, told Los Angeles Superior Court Judge David Cowan that the appointment of Samuel Ingham III -- who has represented singer Britney Spears since 2008, when she was placed under a conservatorship after exhibiting bizarre behavior -- was acceptable to them. Ingham's role would be to help protect Redstone's interests leading up to and through the trial, given the former media mogul's severe speech impediment.

Cowan also found that Redstone's grandson, Tyler Korff, had the legal standing to bring a petition asking for the appointment of a guardian. Herzer's lawyers maintained Korff lacked standing to file the request, but Cowan said Korff had a legitimate interest in knowing that his grandfather's wishes were communicated to his attorneys.

Cowan also denied Herzer's request that Redstone be examined by an independent medical expert, but said her lawyers could raise the issue again later if the course of the litigation warranted them doing so.

Herzer's lawyer, Ronald Richards, said he is considering asking a state appeals court to hear Cowan's rulings. He noted that Cowan said he did not view iPhone video footage shot by Redstone's late film producer friend, Arnold Kopelson, at Redstone's mansion on Jan. 28. Herzer's lawyers maintained it was obvious from the video that Redstone has severe cognitive issues.

"I am concerned he didn't even watch the video,'' Richards said.

"There is a multiplicity of legal issues.''

Kopelson died Oct. 8 at his Beverly Hills home at age 83.

Herzer maintains that Redstone's October 2015 revision of his family trust deprived her of her claims to $50 million in cash and to Redstone's Beverly Park mansion, which is valued at $20 million. In April, Redstone filed a petition asking that the trust amendment be validated by a judge, and trial is scheduled to begin Jan. 14.

Herzer's lawyers maintain that Redstone lacked the mental capacity in April to make the trust amendment.

Redstone has another open case against Herzer that alleges elder abuse and seeks to recover assets he maintains she wrongfully extracted from him. The case is set for trial in February 2020, but Redstone's lawyers are asking for a date in 2019 because of their client's age.

Herzer has also sued Redstone's daughter, Shari Redstone, alleging she convinced the nurses serving her father to turn him against Herzer, who was forced to move out of his home in 2015 and deprived of assets she claims belong to her.

Trial of Herzer's suit is scheduled for December 2019.

Lawyers for the former chairman of CBS and Viacom have argued their client is not mentally incapacitated, but only physically limited because of his communication problems. His lawyers said he answers questions by writing his responses on an iPad.

In his petition, Korff maintained that Redstone "suffers from a number of health conditions, including most notably a severe speech impairment that limits his ability to communicate verbally.''

Redstone's lawyers filed court papers stating they supported Korff's petition.

Herzer was not present in court, but sitting in the courtroom were former District Attorney Steve Cooley, who said previously that he sees "intriguing issues'' in Herzer's case, and Gary Snyder, who said he is a cousin of Redstone.

Snyder briefly addressed the court after Cowan told the lawyers that he had received an email from him. Snyder declined to reveal the contents of the email after the hearing.

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Judge Approves Guardian Ad Litem Appointment for Media Mogul Sumner Redstone

Redstone Grandson Seeks Guardian Ad Litem Appointment for Media Mogul

A grandson of Sumner Redstone is asking that a guardian ad litem be named to protect the 95-year-old media mogul’s interests in his legal battles with a former live-in companion, court papers obtained Monday show.

Tyler Korff’s petition, filed last Wednesday in Los Angeles Superior Court, states the guardian ad litem will “safeguard the actual and perceived integrity of the proceedings to all interested parties and the public.”

Korff recommends that either Jackson Chen or Samuel Ingham III be appointed on Redstone’s behalf. Both are probate attorneys and Ingham has represented Britney Spears in her ongoing conservatorship imposed by a judge in 2008 after the singer exhibited bizarre behavior.

Redstone has an open case against Manuela Herzer that seeks to recover assets he alleges she wrongfully extracted from him. The case is set for trial in February 2020, but Redstone’s lawyers are asking for a date in 2019 because of their client’s age.

Herzer’s lawyers filed court papers asking that any decision on rescheduling the trial be delayed until the pending application for the appointment of a guardian ad litem, set for a hearing on Dec. 17, is decided.

Lawyers for the former chairman of CBS and Viacom have argued their client is not incapacitated and that the guardian ad litem’s role would be to protect the billionaire’s interests and argue on his behalf. But Herzer’s lawyers say the application bolsters their contention that Redstone is not competent to control the litigation and that it is actually being directed by his daughter, Shari, a longtime Herzer adversary. Redstone’s lawyers filed court papers stating they support Korff’s guardian ad litem petition.

Korff’s court papers state that Redstone “suffers from a number of health conditions, including most notably a severe speech impairment that limits his ability to communicate verbally.”

Meanwhile a hearing is scheduled Wednesday on a motion by Herzer’s lawyers to take Korff’s deposition in advance of the Dec. 17 hearing.

“Herzer believes that it is urgent that the deposition of Korff be taken prior to the hearing of the (guardian ad litem) petition in order that the underlying basis for the petition can be ascertained and so the relationship between Korff and the two persons nominated to act as GAL (can) be determined,” Herzer’s court papers state.

In addition, there has been no explanation from Korff about how he learned that Redstone wanted a guardian ad litem, nor has evidence been presented that the grandson has recently seen Redstone or communicated with his grandfather, according to Herzer’s court papers.

Redstone’s alleged agreement with his grandson’s petition is not evidence that he has consented to anything or has the capacity to do so, according to Herzer’s court papers, which state that a “deposition is critical to explore these facts.”

Herzer alleges in a separate lawsuit that Shari Redstone convinced the nurses serving her father to turn him against Herzer, who was forced to move out of the billionaire’s home in 2015. In her complaint filed in May 2016, Herzer maintains that the October 2015 revision of the Redstone trust deprived her of her claims to $50 million in cash and to Redstone’s Beverly Park mansion, which is valued at $20 million.

Trial of Herzer’s suit is scheduled for December 2019.

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Redstone Grandson Seeks Guardian Ad Litem Appointment for Media Mogul