The contentious legal dispute over media mogul Sumner Redstone’s mental competency will be allowed to proceed. The Los Angeles Times reported Monday that the trial is set to begin May 6.

Los Angeles County Superior Court Judge David J. Cowan denied a motion by Redstone’s lawyers to dismiss the lawsuit from the businessman’s former companion Manuela Herzer, 51.

Herzer sued in November after Redstone, 92, last fall removed her from his will and as the agent in charge of his advance healthcare directive. The judge’s decision represents a victory for Herzer’s lawyers, who have been trying to keep the case open.

Judge Cowan also indicated that he had concerns about who is in charge of the day-to-day care of the ailing billionaire who lives in the Beverly Park enclave.