The Summer Redstone trial is over before it barely got started.

L.A. Superior judge David Cowan ruled today to grant the motion by Viacom to dismiss the trail.

There is no good cause for further judicial involvement where the Court has now heard directly from Redstone that he has lost trust in Herzer, does not want her in his life and instead wants his daughter Shari to look after him if necessary,” Cowan writes in his tentative Monday in reference to the videotaped testimony from the mogul that was played in a closed court on May 6. “Redstone is presumed to have capacity …the Court has no business interfering with his prerogatives,” the judge adds. Judge Cowan is expected to hear from attorneys on both sides on the tentative in his packed courtroom this morning.

“Mr. Redstone has told the Court in no uncertain terms who he wants as his health care agent should he become unable to make his own decisions, and it is his daughter, Shari Redstone, not Ms. Manuela Herzer,” the 11-page motion added. “With Mr. Redstone’s capacity no longer genuinely in dispute, that should be the beginning and end of the inquiry.”

In videotaped testimony, Redstone referred to Herzer as a “fucking bitch” repeatedly.

That video was enough to get the judge to toss the case.

H/T Deadline