Sofia Vergara and Nick Loeb broke off their nearly two-year engagement in May 2014, but the couple had embryos created during their time together and two are still viable.
Loeb is suing Vergara to keep the frozen female embryos intact, against the wishes of the "Modern Family" actress who wants them "destroyed," according to court documents acquired by In Touch. Loeb originally filed the lawsuit in August 2014, but amended the suit on April 1 with new information (and after finding new representation).
The lawsuit refers to Loeb as John Doe and Vergara as Jane Doe. The founder of Crunchy Condiments is seeking "to ensure that the Female Embryos are not destroyed, but Jane Doe refuses to agree to their preservation under all circumstances."
The documents also revealed that the ex-couple tried to have a child through a surrogate twice using their embryos, but the procedure failed on both attempts. The embryos were created using Loeb's sperm and Vergara's ova.
According to the documents, their disagreement over the embryos' fate may stem from a heated argument the two had at the California-based fertility center in November 2013. They fought over what would happen to the new embryos in the event of one of their deaths.
"Jane insisted that in such a circumstance, the Female Embryos be thawed with no further action," the lawsuit states. "John did not agree with Jane and refused to initial his agreement regarding that term."
Loeb then claims that Vergara "began vigorously berating him in the offices" and he eventually signed "even though he did not agree with it, in order to avoid further abuse."
The court papers also revealed that Vergara had an alleged history of "physically and mentally" abusing Loeb.
"She punched him in the face on two occasions, kicked him, and threw her phone at his head. She also routinely bullied him, calling him a 'loser,' 'worthless' and other degrading names," the documents state.
Loeb also targets the fertility center is his lawsuit for not providing the couple with forms on what action to take with the embryos in case they split. Because of this, he's suing the center to prevent them from destroying the embryos, according to the court papers.
Vergara is currently engaged to fellow actor Joe Manganiello and the two are in the midst of planning their wedding.
