A California judge is expected to decide on a lawsuit from Redstone's former girlfriend Manuela Herzer who sued Redstone saying he was not mentally competent when he removed her as his designated healthcare agent last October.
The report said 92-year-old Redstone's attorneys argued for the case's dismissa, saying their client was competent. On the other hand, attorneys of Herzer argued that only a full trial, "rather than looking at Redstone's testimony in a vacuum or in isolation," could determine whether Redstone was competent.
"A transcript of the recording shows Redstone struggling to answer some questions coherently. But he was exceptionally clear about not wanting Herzer to play any role in his life," the report added.
Shortly after Monday's market open, Viacom was up 0.41 percent at $41.49, while CBS was down 0.26 percent at $57.51.
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