LOS ANGELES (AP) — A judge has decided that a case challenging media mogul Sumner Redstone's capacity to make health care decisions for himself can proceed.

The case was filed in Los Angeles by a longtime friend of the 92-year-old Redstone, who controls CBS Corp. and Viacom Inc.

The friend, Manuela Herzer, claims that Redstone was not mentally competent to remove her as the person who makes his medical decisions. That happened in October.

On Monday, a judge rejected a request by Redstone's lawyers to dismiss the case outright.

Judge Clifford Klein also denied a request that Herzer's attorneys depose Redstone, at least for now.

He said because Redstone is receiving regular medical supervision, the case need not proceed urgently — as Herzer's attorney's requested.

The next hearing is likely in the new year.