Judge rules Sofia Vergara’s ex Nick Loeb can file new lawsuit seeking custody in …

23 May 2015 | Author: | No comments yet »

Judge allowing new lawsuit in Sofia Vergara embryo fight.

A judge ruled Nick Loeb can amend his headline-grabbing lawsuit against the “Modern Family” star for a third time – adding a new claim of breach of oral contract and an explicit request for full custody and use of the embryos. Court papers from and Nick Loeb’s lawsuit over frozen embryos show just how messy their fight has become – with the businessman accusing the Modern Family star of physical and emotional abuse.Vergara’s ex was granted permission today to file an amended lawsuit allowing him to seek custody of the two female embryos that were created from his sperm and Vergara’s eggs while they were still in a relationship. Prior versions of the lawsuit filed in August and April did not specifically ask for the right to bring the two cryopreserved female embryos to term against Vergara’s wishes.

Though the 41-year-old aactress recently told Redbook her relationship with with fiancé Joe Manganiello, 38, has been “so easy,” her breakup with Loeb, 29, has been anything but. A proposed version of the new complaint states that Loeb and Vergara had a verbal agreement to create viable embryos, “setting life in motion,” and then implant them in a surrogate without fail. Loeb, who dated Vergara for several years before breaking up last year, sued the actress in August seeking a ruling that the embryos could not be destroyed. Today, Vergara’s lawyer Fred Silberberg told the Santa Monica, Calif., court that Goodrich took too long to file this argument. “[The] plaintiff is using this lawsuit to continue to attack [Vergara] in the press and continue to have his own visibility in the press,” he said.

A lawyer for the Colombian-born actress tried to fight Loeb’s right to file a new amended complaint Friday, claiming Loeb’s lawyer Christina Goodrich is dragging her feet and already missed her chance to overhaul the case. Loeb, who is currently suing Vergara to prevent her from destroying two embryos the conceived through in vitro fertilization before the split, now claims he was abused during their relationship. As Vergara and Loeb signed a consent form that required they both have to agree before anything can be done with the embryos, Silberberg added, “There is no legal issue.” Silberberg also made a statement in court that is the opposite of Loeb’s stance and sure to have pro-life advocates up in arms: “Embryos are not children.” When the 39-year-old businessman originally sued Vergara in August 2014, it was to ensure that the actress did not destroy the embryos. The fight over the embryos started off as an anonymous Jane Doe case but got leaked to the press in recent weeks and culminated with Loeb writing an op-ed piece in the New York Times. But Loeb, who has been making the round of talk shows and opinion pages to defend his lawsuit, has declared himself a “pro-life” advocate and says he views leaving the embryos frozen indefinitely the same as destroying them.

In the court documents obtained by PEOPLE, Loeb alleges Vergara “physically abused him on four separate occasions: she punched him in the face on two occasions, kicked him, and threw her phone at this head.” “I don’t want to allow this person to take more advantage of my career and try to promote himself and get press for this,” she told Good Morning America earlier this month. For now, Vergara seems to be putting the drama behind her and was recently all smiles in Boston at her son Manolo’s college graduation, which she attended with Manganiello. She has stated through her lawyers that she does not want the embryos used or destroyed – rather held in the same frozen state they’ve been in since the couple parted ways.

He included a series of text messages allegedly exchanged with Vergara in March 2013 after they learned their IVF treatment resulted in multiple viable embryos.

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