COURT DISMISSES ALL CLAIMS IN $100 MILLION RACKETEERING SUIT AGAINST VIACOM HEIR EXCEPT ONE
Steven T. Lowe
On July 10, 2018, a California federal judge dismissed a $100 million dollar racketeering lawsuit against Viacom heir Shari Redstone filed by Manuela Herzer, a former acquaintance of Ms. Redstone’s father. U.S. District Judge Philip S. Gutierrez ruled that with Sumner Redstone still alive, Ms. Herzer does not have a legal entitlement to any of Summer Redstone’s assets.
In October 2017, Herzer filed suit against Shari Redstone and her son for conspiring with nurses and staff members at Redstone’s mansion to eavesdrop and take notes on conversations between Sumner Redstone and Herzer, and to discover ways to hack into Herzer’s computer to steal information and plant documents, so that they could remove Herzer from her expected inheritance.
Judge Gutierrez tossed out all Herzer’s claims, with leave to amend just one. Judge Gutierrez ruled Herzer did not have “standing” to assert that a $70 million inheritance was owed to her: “Plaintiff, herself argued in the prior proceedings that she has no legal entitlement to the trust…She stated, in her motion to quash Sumner’s application in the trust action, ‘Since the beneficiaries of the trust have no interest, only mere expectancies, they have no standing and cannot be bound.’ The Court agrees with that statement: Plaintiff has only an expectancy interest, which is not a legal entitlement.” The one claim which remains is Herzer’s claim for wiretapping.
The case is Herzer v. Redstone et al., case number 2:17-cv-07545, in the U.S. District Court for the Central District of California.
* Lowe & Associates (“The Firm”) is a boutique entertainment and business litigation firm located in Beverly Hills, California. The Firm has extensive experience handling cases involving entertainment law, having provided top quality legal services to its clients since 1991. The Firm is recognized in multiple publications for its many achievements and high ethical standards, including Martindale-Hubbell and Super Lawyers magazine.
Find us at our website at www.LoweLaw.com