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A Los Angeles court has rejected Nick Loeb’s final objections regarding the ongoing court battle withSofia Vergaraoverrights to frozen pre-embryosthey created while together.
Vergara, 48, and Loeb, 45,ended their engagementin May 2014 after having undergone in vitro fertilization the year prior. TheModern Familyactress, who has an adult son named Manolo, later marriedJoe ManganielloinNovember 2015.
In 2017, Vergara filed legal documents in California hoping toblock Loeb from being able to use, without her written consent, the frozen pre-embryos they created via IVF at the ART Reproductive Center in Beverly Hills when they were still together in 2013.
Earlier this montha judge ruled in the actress’s favor, citing the “Form Directive” they both signed at the fertility clinic agreeing that both parties had to agree in order to do anything with the embryos.
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The businessman previously argued that he signed this form under “duress,” but the court found that “the Form Directive is not void or voidable based on Defendant Loeb’s duress defense as to its execution.”
Further, it found that there is no “material fact” supporting his previous claim that he and Vergara had an “oral agreement” that would allow him to implant the embryos in a surrogate to be born.
Sofía Vergara.Todd Williamson/NBCU/Getty
As a result, the court found that “sufficient grounds exist for permanent injunctive relief” meaning that Loeb is unable to use the embryos or sue on behalf of them in any capacity without Vergara’s consent.
In January, Louisiana courtsided with Vergaraand dismissed Loebs lawsuit seeking to obtain custody of the pre-embryos.
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At the time, an attorney for Loeb said they would be appealing the case to the Louisiana Supreme Court.
source: people.com
