Sofia Vergara’s former fiance is appealing a September ruling that the “Modern Family” actress can move forward with her legal effort to require him to obtain her written permission to use the frozen pre-embryos that they created.
Lawyer Jennifer McGrath, on behalf of Nick Loeb, told Los Angeles Superior Court Judge Rafael Ongkeko that court papers will be filed later this week, automatically putting a stay on the case pending the appeal’s outcome.
On Sept. 26, Ongkeko denied a motion filed on behalf of Loeb to dismiss Vergara’s case. He alleged the actress sued him to punish him for filing two previous actions regarding the pre-embryos, one in Santa Monica Superior Court and the other in Louisiana. McGrath said Vergara’s complaint infringed on her 42-year-old client’s right to pursue litigation.
But Ongkeko said the issues are rooted in a contract between Loeb and Vergara that is not protected by the so-called “litigation privilege” asserted by the defense.
“It’s very clear both parties have to agree and Mr. Loeb isn’t doing any of that by his actions,” the judge said.
Ongkeko said his decision was “an easy call.”
Vergara, 45, sued Loeb on Feb. 14, seeking a court order declaring that any attempts by Loeb to bring the pre-embryos to term is a breach of their original contract. The pre-embryos were created at the ART Reproductive Center in Beverly Hills.
The judge scheduled a hearing for Dec. 13, 2018, on the status of the appeal.
Vergara, who has an adult son, married actor Joe Manganiello in November 2015.
–City News Service