New York State Supreme Court Justice Kathryn Freed granted the motion to let Viacom Chairman Philippe Dauman testify under oath about the mental competency of his former boss, Sumner Redstone, when he made key decisions about his will.
The latest decision in the ongoing drama pitting 92-year-old Redstone against former girlfriend, Manuela Herzer, indicated Dauman should make himself available for at least one day within the next 30 days.
The judge assured that Dauman's testimony could be shielded from public view, and that Herzer's lawyers' questions should focus on Redstone's healthcare and his mental capacity -- not Viacom corporate business.
"Mr. Dauman is pleased to cooperate and fully prepared to comply with the request for appropriate and legally relevant information in the California proceeding," attorneys for Dauman said.
The deposition will take place in the residence of Mr. Dauman in New York.
Mr. Dauman had tried to avoid being dragged into the California lawsuit brought by Herzer. She is suing Redstone because he removed her as his health agent and instead installed Dauman, who claimed that Redstone was mentally fit enough to make such a decision.
Meanwhile, Redstone's lawyers suggested that Herzer is motivated by money, since she was threatened to lose an inheritance of $50 million cash plus Redstone's $20 million home in Beverly Hills, though the former CEO removed her from his estate plan the same day he altered his health directive.
In court papers filed in the case, Ms. Herzer and Mr. Dauman provided strong points over Mr. Redstone's health. Herzer described him as a "living ghost" barely able to follow the thread of conversations, whereas Mr. Dauman said he had paid visit Redstone in October and he found him "engaged and attentive."
In a statement, Pierce O'Donnell, Ms. Herzer's lawyer "Philippe Dauman has a lot to answer for his attempts to deceive the Viacom Board of Directors and investing public about Mr. Redstone's mental capacity, his participation in the company's management, his enthusiastic support of Dauman's leadership of financially ailing Viacom."
The lawyer also stated that the testimony is significant positive development, as the case continues to gather more and more incriminating evidence that Mr. Redstone is the victim of severe mental and emotional abuse, fraud, and manipulation by those close to him.
Mr. Redstone's condition became a topic of concern to investors in recent months, as speculation mounted that his health had deteriorated. Ms. Herzer's case brought the issues into sharp focus.
Mr. Redstone's attorneys have filed a motion to dismiss the case.
However, the geriatric psychiatrist who examined Sumner Redstone delivered a 37-page report that the media mogul is incapacitated.
Mr. Redstone controls nearly 80% of the voting shares in Viacom and CBS Corp. Earlier this month he stepped down as executive chairman of the companies, with the chief executives -- Mr. Dauman at Viacom and Leslie Moonves at CBS -- moving into the chairman role.
Investors are unhappy with the trajectory of the company, whose shares have slid 47% in the past year. Viacom said this week it is considering selling a stake in its Paramount film studio, and the company has promised that investments in fresh programming and advertising technologies will help reverse problems at its cable TV networks.
Video & Audio Communications (VIACOM) is an American mass media company with interests primarily in cinema and cable television. It is the world's sixth largest broadcasting and cable company in terms of revenue.
