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LOS ANGELES (AP) — A judge has ordered a trial on whether Sumner Redstone’s ex-girlfriend can make decisions again about the ailing media mogul’s mental health.

Los Angeles Superior Court Judge David Cowan on Monday rejected an effort by Redstone’s attorneys to dismiss a filing by the mogul’s longtime companion, Manuela Herzer. She contends the 92-year-old lacks the mental capacity to make his own decisions.

Herzer was his designated caretaker until October, when she was removed from his home. Redstone’s lawyers contend that he still has the capacity to make his own decisions and there was no basis for allowing Herzer back into his life.

Doctors who treat Redstone have said brain scans haven’t found any diminished capacity. Redstone controls CBS Corp. and Viacom Inc.

The judge ordered a trial to begin May 6.