A judge will allow depositions from current Viacom CEO Philippe Dauman and two of Redstone's doctors, but not the 92-year-old Redstone himself, Reuters said.

A hearing on Redstone's motion to dismiss the complaint, brought by former girlfriend Manuela Herzer, is set for Feb. 8. Herzer has questioned whether Redstone, who controls CBS and Viacom, can competently make decisions for himself.



In a filing this month, she asserted that his signature on a recent document was forged. Redstone's lawyers were also accused of misrepresenting his mental state.

Redstone's representatives have accused Herzer of lying.

CBS declined to comment. Viacom did not immediately respond to a request for comment.