Sofia Vergara's Ex Nick Loeb Loses Final Appeal Ruling That He Can't Use Embryos Without Her Consent

Sofia Vergara and Nick Loeb split in 2014 

Photo: John Shearer/Getty; Alexander Tamargo/Getty

A Los Angeles court has rejected Nick Loeb's final objections regarding the ongoing court battle with Sofia Vergara over rights to frozen pre-embryos they created while together.

Vergara, 48, and Loeb, 45, ended their engagement in May 2014 after having undergone in vitro fertilization the year prior. The Modern Family actress, who has an adult son named Manolo, later married Joe Manganiello in November 2015.

In 2017, Vergara filed legal documents in California hoping to block 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 month a 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.

Loeb made objections to the ruling, but in court documents obtained by PEOPLE, a judge rejected his final attempts on Monday.

sofia vergara
Aart Streber/NBC/Getty

In the documents obtained by PEOPLE, the judge stated that any action by Loeb "to cause the implantation of the Embryos in a surrogate, or by other means of gestation, constitutes a violation of the Form Directive."

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.

Sofia Vergara
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.

The documents also reveal the businessman "materially breached" the Form Directive by setting up a trust for the embryos under Louisiana law, attempting to get legal status of the embryos in Louisiana, suing on behalf of the embryos, and attempting to gain custody and parental rights over the embryos.

Loeb said in a statement Wednesday that "the judge was clearly influenced by Hollywood, which is a pattern I expose in my upcoming film Roe v. Wade on April 2. It's sad that Sofia, a devout Catholic, would intentionally create babies just to kill them."

In January, Louisiana court sided with Vergara and dismissed Loebs lawsuit seeking to obtain custody of the pre-embryos.

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The court additionally entered a reversal of the trial court order that sealed discovery in the case, therefore unsealing related documents to the public, according to court documents obtained by PEOPLE.

At the time, an attorney for Loeb said they would be appealing the case to the Louisiana Supreme Court.

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