It’s strike two against Manuela Herzer.
A Los Angeles judge on Monday denied a request by Sumner Redstone’s former girlfriend for a new trial that could reinstate her as the ailing mogul’s health-care proxy.
Herzer, who claims the 93-year-old mogul didn’t have the mental capacity to dismiss her last October from her health-care role, lost a battle earlier this year after the Viacom founder, in a video deposition, called the 52-year-old blonde a “f—ing bitch” he didn’t want around him.
Herzer lawyer Pierce O’Donnell claims the case was unfairly dismissed. He plans to appeal Monday’s ruling.
Since Herzer’s first courtroom loss, Viacom Chief Executive Philippe Dauman has filed suit claiming Redstone’s daughter, Shari, has unduly influenced her dad.
It is one of three lawsuits playing out around the country all centered on Redstone’s mental competency — and ultimate control of Redstone’s $40 billion media empire.
Sumner Redstone lawyer Rob Klieger said his team is “pleased with the ruling.”