1900 Avenue ofthe Stars, 21st Floor GREENBERG GLUSKER FIELDS CLAMAN ‘& MACHTINGER LLP. Los Angeles, California 90067-4890 Cer anneeon 10 iL 12 13 14 15 16 7 18 19 20 21 BERTRAM FIELDS (SBN 024199) BFields@GreenbergGlusker.com PIERCE O°DONNELL (SBN 081298) PODonnell@GreenbergGlusker.com MARC M. STERN (SBN 126409) MStern@GreenbergGlusker.com PAUL A. BLECHNER (SBN 159514) PBlechner@GreenbergGlusker.com IRA M, STEINBERG (SBN 273997) ISteinberg@GreenbergGlusker.com GREENBERG GLUSKER FIELDS CLAMAN & MACHTINGER LLP 1900 Avenue of the Stars, 21st Floor Los Angeles, California 90067-4590 Telephone: 310.553.3610 Fax: 310.553.0687 RONALD RICHARDS, ESQ. (SBN 176246) ron@ronaldrichards.com LAW OFFICES OF RONALD RICHARDS & ASSOCIATES, A.C. P.O. Box 11480 Beverly Hills, CA 90213 (310) 556-1001 (G10) 277-3325 Attorneys for Petitioner MANUELA HERZER SUPERIOR COURT OF THE STATE OF CALIFORNIA. COUNTY OF LOS ANGELES Inre Case No. BP168725 ADVANCE HEALTH CARE Hon. David J. Cowan DIRECTIVE OF SUMNER M. REDSTONE DECLARATION OF KERYN REDSTONE 24 25 26 27 28 -35882-0000272567626.4 DECLARATION OF KERYN REDSTONE1900 Avenue of the Stars, 21st Floor GREENBERG GLUSKER FIELDS CLAMAN ‘& MACHTINGER LLP [Los Angeles, California 90067-4590 I, Keryn Redstone, declare as follows: 1. Thave personal knowledge of the facts set forth in this declaration and, if called as. ‘a witness, I could and would competently testify thereto under oath. My Relationship with my “Grumpy” 2. Tama graduate of the New York University Tisch School of the Arts and the University of Denver Law School. I live in Los Angeles, California. 1 am 34 years old. 3, My grandfather is Sumner M. Redstone, whom I have affectionately called “Grumpy” my entire life. My father is Brent Redstone, son of Sumner Redstone. 4, My Grumpy, in his prime, was a brilliant, assertive, kind and generous man. In his personal style, he was always extremely direct, and unafraid to confront people and share his opinions. If he disagreed with a decision that I made, he would tell me directly and forcefully. 5. Grumpy and T have been close for as long as I can remember. My earliest memory of Grumpy was as a toddler, when I was teething and in pain, I was at a restaurant with my parents and Grumpy, and he gave me a black olive to chew on. I remember feeling better, and to this day, Ihave warm and happy memories every time I eat a black olive. 6. Grumpy and I shared many interests and passions, and we loved spending time together. For example, Grumpy was an excellent pianist and took great pride and joy in playing piano with me. We also shared a love for film, art, dogs and tennis - which we loved playing together. Even as he aged, Grumpy would regularly beat me at tennis. Shari’s Troubled Relationship with Grumpy and my Family 7. Mychildhood memories of Grumpy are not all pleasant though. He had a very tempestuous and difficult relationship with his daughter, my aunt Shari Redstone, and her ex- husband, Ira Korff. For example, one time when I was young, I was at a birthday party and Shari and Ira got into a screaming match with Grumpy. Shari’s loss of emotional control was frightening, and my sister and I hid during the fight. 8. Grumpy’s relationship with my father, his son Brent, was also troubled. Beginning around mid-2005 they were involved in litigation which destroyed their relationship. 9. Shari has consistently expressed hostility toward me, my father, and Grumpy in -352-0000272567626.4 1 DECLARATION OF KERYN REDSTONE1900 Avenue of the Stas, 21st Floor GREENBERG GLUSKER FIELDS CLAMAN ‘& MACHTINGER LLP Los Angsles, California 30067-4390 Sewraauveon W 12 2B 14 15 16 7 18 19 20 an 23 24 25 26 27 28 sometimes dark, threatening ways. For example, on at least five occasions that I recall spanning from 2005 to 2011, Shari said to me, “I will get your dad, and I will get your grandfather [Grumpy], even if | have to hurt you [me] to do it” 10. Grumpy reciprocated Shari’s hostility. Grumpy occasionally shoul out loud that Shari is his daughter, but never bothered to see him. He accused Shari’s then husband, Ira Korff, of stealing from his company, National Amusements, Inc. 11, Before the events which are the subject of this case, one of the most direct conflicts that I recall having with Shari concerned the care of my dear Aunt Cecelie, whom I called “Aunt Cece.” As Aunt Cece began to lose mental capacity, Shari tried to pressure Aunt Cece to enter a reverse mortgage and then to send Aunt Cece to a nursing home. Over time, I became Aunt Cece’s primary caregiver and, based on my discussions with Cece, knew that she did not want to be placed in a nursing home. 1 filed a Petition to be named Aunt Cece’s guardian, and Shari opposed it, attempting to gain control over Aunt Cece and her estate for herself. Shari told me that I should “accept defeat” because “you will inherit anyway.” 12. Obviously, I cared more about Aunt Cece’s welfare than the financial concerns motivating Shari, and I continued to press for a proper guardian for Aunt Cece. Once the Court approved a neutral and competent third-party to hold Aunt Cece’s power of attomey, I dismissed the Petition, satisfied that Aunt Cece would be cared for and protected from Shari. 13, However, after Aunt Cece’s case ended in 2012, Grumpy’s attorney David Andelman and Shari falsely told Grumpy not only that I had lost the case but that I had also stolen from Aunt Cece. Grumpy, hearing this, removed me as a controlling member of certain of his trusts. Once Manuela told Grumpy the truth, he was irate at the deception and demanded that I be reinstated and all changes reversed, although my understanding is that the changes were not reversed when my grandmother refused to consent. Having been misled to make the initial change, Grumpy was unable to unilaterally reverse it. My Relationship with Manuela 14, I first met Manuela when I was in college, around 2000, shortly after she and Grumpy met, From the very beginning, Grumpy adored Manuela. It is no surprise to me that 30-00oonnser626 2 DECLARATION OF KERYN REDSTONEia see ie S225 2eu age Be z 38 g we w RN Sc wr. u 2 13 “4 15 16 7 18 19 20 a 22 23 24 25 26 2 28 ‘years later, they would remain close friends and confidantes. 15. When Manuela declined Grumpy’s marriage proposal, around 2001, Grumpy said to me that it broke his heart, but that he loved her in a way that he had to respect her decision. ‘Though it caused him anguish and heartbreak, he remained steadfast that he only wanted her to be happy. 16, Even after Manuela declined Grumpy’s marriage proposal, I only heard him say kind things about her. Over the years, and on countless occasions, he has told me (and many others) that Manuela is “the love of my life,” “my Queen,” (Grumpy, of course, being the king of Hollywood) “my soulmate,” and the smartest woman he knew. Grumpy’s 2014 Health Issues 17. Grumpy and I had a very close, personal relationship. When I was in college at NYU, I saw him several times a week. We loved each other's company, and he was very supportive of me, 18. When Grumpy moved to Los Angeles, we remained in close contact. I would regularly visit his home, stay overnight and hang out with Grumpy, watching sports on TV and movies together. 19, Grumpy aged very well. While he had some skin problems, he was a fighter and never quit. When he turned 90, he looked good and was full of energy and enthusiasm. Over the next several years, however, Grumpy began to decline noticeably. 20. I first noticed Grumpy’s speech and swallowing begin to deteriorate around mid- 2014 when I saw him having difficulty swallowing at dinner. 21. [tried to help him as best I could, but it was not always easy. On his 91* birthday, Grumpy asked that I sit next to him so that I could help him eat, since he was having some difficulty due to his injured hand and difficulty swallowing. Shari demanded that I change seats with her, so she could sit next to Grumpy. I declined because Grumpy specifically asked me to be next to him to help him eat. Shari erupted and threatened to kill me. 22. When Grumpy was hospitalized in September 2014, after several bouts of pneumonia, and had the feeding tube installed, I happened to be in Los Angeles and went to the 3st2-cooonnssrsns 3 DECLARATION OF KERYN REDSTONE"21st Floor : u i Bs GREENBERG GLUSKER FIELDS CLAMAN ‘& MACHTINGER LLP. eer anuneen 10 u 12 13 14 15 16 7 18 19 20 2 2 23 24 25 26 27 28 hospital to visit him. When I got there, however, his girlfriend at the time, Sydney Holland, said that I should avoid being seen by Shari because she was being extremely aggressive and seeing me would enrage her even more. 23. Although I did not see Shari, I heard her and her daughter Kimberly yelling loudly, and also heard Grumpy getting very agitated. At the time I did not know what they were screaming about, but I now know that Shari was objecting to the movement of the feeding tube from his nose to his stomach based on her religious beliefs. 24, [clearly heard Shari state her beliefs as to what should happen to Grumpy. She said, “If he gets sick, don’t take him to the hospital. Let him die at home.” Grumpy, being Grumpy, interjected — “I don’t want to die!” Shari proceeded as if Grumpy were not there and as iffhe had not just expressed his will to live, stating: “He wants to die at home. Don’t call the doctors.” Shari similarly pushed for a “do not resuscitate” order to which Grumpy vehemently objected. 25. After the drama had subsided and Grumpy left the hospital, I began to spend more time with him, spending significant portions of the time up to early 2015 in the house with him. Although Grumpy suffered from a great deal of frustration and anguish over his difficulty communicating and his inability to eat, I did my best to cheer him up and help him adjust to his new health situation. Grumpy after Sydney Holland Left 26. Before Sydney left, Manuela and Sydney were in charge of Grumpy’s medical ‘care. They were doing an excellent job supervising hiring and firing nurses, scheduling doctors” visits, and attending to every detail to make Grumpy comfortable, happy and as pain free as. possible. Grumpy was very appreciative of their love, concern and commitment to him. 27. was living in Colorado when I learned that Sydney Holland had cheated on Grumpy and left the house in late August 2015. Grumpy had been asking for me to move to Los Angeles for some time, and I finally agreed after Sydney left. 28. Afr going back and forth about logistics for the move, Grumpy finally decided to just give me a credit card for hotels, food, gas, etc. I know this because in early October 2015, 35882-00002725676264 4 DECLARATION OF KERYN REDSTONE"30067-4590 1900 Avenue ofthe Siars, 21st Floor 2 S és q § GREENBERG GLUSKER FIELDS CLAMAN ‘& MACHTINGER LLP Car aneen 10 W 12 1B 14 15, 16 7 18 19 20 2. 23 25 26 27 28 Grumpy specifically told me that I could use that credit card for moving and travel expenses. Grumpy never even asked for the credit card back when I got to Los Angeles in the first week of September 2015. 29. When | arrived in Los Angeles, I discovered that Grumpy was extremely angry and agitated. He insisted on seeing pictures of Sydney’s paramour, George Pilgrim. He was very nervous about threats that George Pilgrim had made against him, and I was constantly reassuring him that the security personnel brought in to protect his home were top notch and would protect him, 30. Grumpy became fixated on Sydney’s betrayal and the things that Pilgrim had said. He cried often, and I did my best to console him, but it was difficult. It was at that point — in September 2015 ~ that Grumpy began to mentally check out and exhibit uncharacteristic, sudden changes in behavior. 31. Notably, and distressingly for me as his granddaughter, I observed that he became obsessed with sex, and a woman named Terry Holbrook. ‘The first time that I saw firsthand Grumpy demanding sex and a visit from Terry, and the casual way Nurse Jeremy Jagiello described the encounters (sometimes in graphic detail), was soul crushing. 32. Grumpy’s fixation with Terry and sex escalated over time. Sometimes he would demand to see Terry multiple times per day, forgetting when he had last seen her or that he had already asked to see her multiple times. 33. Twice I happened to be in the house when Terry visited, and both times I secreted myself in Manuela’s room to avoid coming into contact with Terry. Grumpy’s Relationship with Nurse Jeremy Jagiello 34, As it became clear that Grumpy was developing an unhealthy obsession with Terry, it also became clear that Jeremy was using that fixation to increase his influence with and ‘manipulate Grumpy and to assert greater control over the houschold. 35, Jeremy would facilitate Grumpy’s fixation by telling him that “Terry loves you” even though Jeremy knew that Terry had a live-in boyfriend. I know that Jeremy knew this because he and Grumpy’s driver, Isileli “Isi” Tuanaki, sometimes spoke about how Terry’s snr on0ons676064 5 ‘DECLARATION OF KERYN REDSTONE.GREENBERG GLUSKER FIELDS CLAMAN ‘& MACHTINGER LLP. 1900 Avenue ofthe Stars, 21st Floor Los Angele, California 90067-8590 Cer anaeen 10 uw 12 13 14 15 16 7 18 19 20 21 2 23 4 25 26 7 28 availability was limited by the fact that Terry’s boyfriend did not want her visiting Grumpy every day. To my knowledge, neither Jeremy nor Isi ever told Grumpy that Terry had a boyfriend. 36. Jeremy exercised increasing control over the intimate moments between Grumpy and Terry. Before Terry visited, Jeremy would reassure Grumpy that he would be there in his bedroom to direct their encounter. Jeremy spoke openly of being in the room and “translating” for Grumpy when Terry was there. Again, as his granddaughter, these were conversations that I had no interest in hearing. 37. On numerous occasions, I observed Jeremy lying to Grumpy about Terry. For example, one time I overheard Jeremy telling Grumpy that Terry would be over to visit him at 7.30 that night. Itold him that that was too late, but he told me that it was lie, and that he was sure that Grumpy would soon forget what he had said. 38. Manuela had nothing to do with contacting Terry or arranging for her visits. I never heard her lie to Grumpy about Terry. It was always Jeremy who had handled Terry’s visits and lied to Grumpy. 39. Another key element of Jeremy’s influence over Grumpy was his purported ability to understand his speech. Although he claimed that he could understand Grumpy better than anyone else, I often found his interpretations unconvincing, and sometimes self-serving. There were specific instances when I asked Grumpy if Jeremy's interpretation was correct, and Grumpy said “No.” 40. These experiences were disturbing to me because they made Jeremy more than just nurse to Grumpy. Jeremy was Grumpy’s pipeline to what Grumpy thought he needed most ~ Terry and sex. He became an ever-present force in Grumpy’s life, exercising increased control cover who had access to Grumpy, what Grumpy was told about others, and even Grumpy’s access to necessary medication. 41. Jeremy further used his newfound influence to increase his hours in Grumpy's house. I told Isi that Jeremy could not work as many hours per week as he did and still do his job effectively, yet Jeremy continued to press to increase his hours. 42. Jeremy would often work 12 hour shifts six or seven days a week. He would also '3582-0000272567626.4 6 DECLARATION OF KERYN REDSTONE1900 Avenue ofthe Stars, 21st Floor GREENBERG GLUSKER FIELDS CLAMAN ‘& MACHTINGER LLP. Los Angeles, California 90067-4590 wk oN eC wera 10 ul 12 13 14 15 16 7 18 19 20 21 22 23 24 25 26 27 28 ‘get overtime (double pay) for “translating” for Grumpy at night when Terry visited. The whole situation was unhealthy for my grandfather. Manuela tried to limit Jeremy's hours but he was very resistant. Grumpy after Manuela was Forced Out 43. Manuela was thrown out of Grumpy’s home on October 12, 2015. 44, Inthe previous week I noticed distressing changes in Grumpy’s behavior, including: a, He fell asleep in the middle of the afternoon while watching sports, which was highly unusual for him; b. He was unusually disoriented and out of sorts in the morning; c. His mood began to shift and oscillate between extremes; 4d. He was much more confused and disoriented than usual; ¢, He was often inattentive to the people and things around him; £ He often wore a blank expression, with glossy eyes; and g. He cried for no apparent reason. 45. Most painfully for me, he stopped being loving and affectionate. As much as I loved and cared for him, he seemed to be growing distant, fading away. 46. Iwas supposed to attend a dinner with Manuela on Saturday, October 10, but I had to return to Colorado to attend to personal business. Because Grumpy’s condition was so bad, Manuela’s brother Carlos stayed with him, so that Grumpy would not be alone with just the staff. 47, On October 12, I was packing boxes in my home in Colorado when Manuela called me to say she had been kicked out of Grumpy’s house. I tried to call Grumpy’s estate planning attorney, Leah Bishop, but she did not answer. I tried calling Viacom’s New York office but was unable to reach anyone. I finally spoke to Isi who told me that everything was fine and this was just a “misunderstanding,” 48. Eventually, I was able to reach Leah Bishop who gave me strict instructions not to talk to Manuela. 49. The next day, October 13, I spoke to Isi again and asked what happened. Isi said -3582-000022867626.4 7 DECLARATION OF KERYN REDSTONEGREENBERG GLUSKER FIELDS CLAMAN ‘& MACHTINGER LLP. 1900 Avenue ofthe Stars, 21st Floor Los Angeles, California 90067-4590 wie wn Ce re 10 MW 12 13 14 15 16 7 18 19 20 21 22 23 24 25 26 27 28 that while Manuela was out at the dinner on October 10", Jeremy and he told Grumpy that they disliked how Manuela was scheduling nurses and that she had “lied” to Grumpy. Two days later, Manuela was thrown out of the house. 50. returned to see Grumpy on Friday, October 16, When I arrived at his house, Leah Bishop again told me that I was not to speak with Manuela. Isi, Jeremy and Grumpy’s secretary, Gloria Mazzeo, all repeated this instruction to me. That day, I saw Leah Bishop and Gabrielle Vidal in Grumpy’s home. ‘They went into a room with Grumpy and I was not aware, at that time, of what business they were attempting to transact with Grumpy. 51. Without Manuela’s active and intelligent supervision, the quality of care Grumpy received sharply diminished. Jeremy became especially lax and tried to take over. On multiple occasions when Jeremy was needed to supervise the suctioning of Grumpy or attend to another similarly pressing matter involving Grumpy’s health, he was nowhere to be found. One time, when he was needed to suction Grumpy, Jeremy was delayed because he was ordering a pizza. 1 even saw him leave the premises while on duty. 52, Nevertheless, Jeremy hovered over Grumpy even more closely, blocking other nurses and aides from properly attending to Grumpy. Jeremy used Manuela’s departure to increase his influence over Grumpy. Jeremy controlled every facet of my grandfather's life. Grumpy could not talk intelligibly, walk, write, use a computer or phone, ot otherwise take care of himself, Grumpy was totally dependent on the nursing staff, and particularly Jeremy. Grumpy Becomes a Prisoner in his Own Home 53. From the first day I saw Grumpy after Manuela left, he was devastated by her departure, As soon as I saw Grumpy, I hugged him and said, “it won't be the same without, Manuela.” Grumpy began crying uncontrollably and said, “I miss her” six times. 54, Grumpy never explained why Manuela left. He cried regularly during this period and constantly repeated the phrase, “I miss her.” I could tell that he was heartbroken at the loss of his dear friend — the kind woman who was “the love of his life.” 55. After spending several days with Grumpy, I left for a week and then returned around Halloween. Grumpy was even worse. He would not interact with anyone or even look se. on002567064 8 DECLARATION OF KERYN REDSTONEGREENBERG GLUSKER FIELDS CLAMAN ‘& MACHTINGER LLP. 1900 Avenue ofthe Stars, 21st Floor we ww Soe r)dsa me in the eye. Nothing that I said registered with him. He just cried a lot. I asked Jeremy, Isi and others whether Grumpy was being drugged, but they all denied it. 56. This was not my Grumpy any more. Tcould barely recognize him. I was in the presence of a ghost. 57. Without Manuela, Grumpy was increasingly alone, and in the grips of Jeremy. Isi told me that Shari did not visit him for Thanksgiving, or Hanukah or Christmas, In fact, in the entire time after Manuela left, I only saw Shari at Grumpy’s house four times. 58. When I came to visit Grumpy around Halloween, I went to the room that I had occupied when I stayed in his house used to retrieve some of my belongings. When I entered the room, however, I saw five to six people operating a large shredder, and the room was filled with boxes. I do not know what was in the boxes, except that the individuals doing the shredding became very agitated when I entered the room and instructed me to knock before entering in the future. 59. When I visited Grumpy again in December, there was a definite, perceptible change in the mood in Grumpy’s house. It began to feel like a prison, and I know what a prison feels like ~ I worked in one. ‘There was more secrecy and constant interference with my attempts to communicate with Grumpy. At one point, Jeremy said I could not see Grumpy for more than 15 minutes at a time. 60. With Manuela gone, there was no responsible person knowledgeable about Grumpy’s health and medical needs in charge. Jeremy and Isi took over. There was a conflict among the nurses and the whole health care management system became dysfunctional. My Grumpy was not receiving the consistent quality medical care that he enjoyed when Sydney and Manuela were in charge. 61. During my December visit, I was in the kitchen when I overheard Isi and Jeremy speaking. They were saying that Manuela had stolen money from Grumpy. 62. In January, I came to Los Angeles planning to see Grumpy. When I arrived, I was told that I would be staying at the Roosevelt Hotel, and not in Grumpy’s house. I made numerous requests to Leah Bishop and Gloria Mazzeo (Grumpy’s secretary in New York) to see Grumpy 35882-0000272567626.4 9 DECLARATION OF KERYN REDSTONE1900 Avenue ofthe Stars, 21st Floor GREENBERG GLUSKER FIELDS CLAMAN ‘& MACHTINGER LLP [Los Angeles, California 30067-4590 ee ao 10 ul 12 1B 14 15 16 17 18 19 20 2 2 23 25 26 27 28 during my January visit, and I was denied every time. When I asked Isi, he told me that it was because seeing me would be too stressful for Grumpy. Incredibly, on the last day Iwas in Los Angeles, Isi told me that if I wanted to see Grumpy I would need to make an appointment through Grumpy’s corporate secretary, Gloria, 63. donot believe that any visit with Grumpy would be stressful to him. I had done nothing to upset my grandfather, and we dearly loved each other. ‘Their excuses were all the more implausible when I learned that Sydney — who had cheated on Grumpy — has been allowed to see him at least twice after October 12. Yet neither Manuela nor I have been able to see him. 64. Iwas finally able to see Grumpy on Valentine’s Day 2016 when I resolved to see him by just going to his house, unannounced. When I saw Grumpy, Jeremy asked if I had read a recent New York Times profile of Grumpy. Jeremy then offered to read it for Grumpy and began todo so. When he got to the part of the story about a fire in which Grumpy had narrowly escaped death, and in which he had been severely burned, Grumpy became extremely agitated and began having a very negative emotional reaction. Jeremy then read the article a second time and Grumpy had the same horrible reaction when Jeremy read the portion about the fire. When Jeremy insisted on reading it a third time, I had to leave the room. I could not bear to see Grumpy in that way. felt that Jeremy was literally torturing my grandfather. 65. Later that day, Grumpy held his usual film screening. ‘The film that day was “Deadpool.” He cried during the opening credits. 66. That was the last time that I saw my grandfather. He had deteriorated even more since my prior visit. He just sat there, staring into space, unaware of my presence. He was gone. 67. _ Thave since tried multiple times to see my Grumpy again. I know he is very frail and sick, and I do not want him to pass before I can see him again. 68. offered to visit under the supervision of his attorneys. Loeb & Loeb, via Gabrielle Vidal, said they would “‘pass the message on” to Grumpy. I never received a response. 69. I began emailing Grumpy’s corporate secretary Gloria nearly every day to ask about seeing Grumpy. Eventually, I received a response from Leah Bishop, stating that I could see Grumpy if I signed a “loyalty letter” affirming my loyalty to Grumpy in this case with ast. 0000225671064 10 DECLARATION OF KERYN REDSTONE1900 Avenue ofthe Stars, 213t Floor GREENBERG GLUSKER FIELDS CLAMAN ‘& MACHTINGER LLP. Los Angeles, California 90067-4590 10 u 12 13 4 15 16 17 18 19 2 22 23 24 25 26 27 28 Manuela. I signed so that I could see Grumpy but Leah Bishop reneged and I never got to see Grumpy, Attached as Exhibit “A” is a true and correct copy of the “loyalty letter” that I was induced to sign in order to see Grumpy. 70. Incredibly, Gloria recommended that I write a letter to Grumpy’s second ex-wife, Paula Fortunato, and see if she would even put in a good word with Grumpy so that he might see me, Conclusion 71. Thave not seen my Grumpy since February. I know his condition has continued to worsen and I want nothing more than to see him again. If I could ask two things of the Court, they would be this: (a) Can I see my Grumpy? and (b) Please protect my Grumpy. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. EXECUTED this 14th day of April, 2016, at Los Angeles, California, '38882-00002/2567626.4 u DECLARATION OF KERYN REDSTONE