By CAPosts 01 April, 2021 - 05:15am 69 views
A Los Angeles court has rejected the appeal filed by businessman Nick Loeb regarding the legal battle he has with actress Sofia Vergara for the rights of the embryos that they frozen when they were a couple . Vergara, 48, and Loeb, 45, ended their relationship in May 2014, just one year after undergoing an embryo freezing process through in vitro fertilization. Since then, the ex-partner started a legal and public fight, with confrontations both in the courts and in the media , to decide the fate of this common genetic material: she wants to destroy it, he wants to make use of them through a surrogate belly. Now, the judge has given the final reason to the Modern Family actress and has ruled that Loeb cannot use or claim the embryos without the explicit consent of Vergara. "There are sufficient grounds for a permanent injunction," the court has determined.
The Colombian-American actress filed legal documents in California in 2017 in the hope of preventing Loeb from making use of this genetic material without her explicit consent, something for what the judge ruled in favor of the interpreter at the beginning of this same month of February . In his sentence, the judge cited the "Form Directive" that both signed at the fertility clinic, a letter where it was agreed that both parties had to agree to do anything about the embryos. The businessman objected to the ruling, but according to the court documents to which the American magazine People has had access, the judge has rejected his appeal and has stated that any action by Loeb "to attempt the implantation of the embryos in a surrogate mother, or by other means of gestation, constitutes a violation of the Form Directive. ”
The employer previously argued that he signed this form under“ duress ”, but the court determined that“ the Form Directive is not null or voidable based on the defense of coercion of the defendant Loeb regarding his execution ”. Furthermore, he concluded that there is no "material fact" to support his earlier claim that he and Vergara had an "oral agreement" that would allow him to implant the embryos in a surrogate womb.
Nick Loeb and Sofia Vergara dated for four years of intermittently until finally breaking up in 2014. Near the end of their relationship they got engaged and decided to freeze embryos to be surrogate parents , since the actress had difficulties getting pregnant. Although she had already been a natural mother at the age of 19 - to her son Manolo, who is 29 - she suffered from thyroid cancer at 28 that made her subsequent pregnancies difficult, and for this reason they opted for the route of a surrogacy. Four years ago, Vergara won a first round of this battle when a judge ruled that Louisiana was the right place for the court proceeding as Loeb intended, since the embryos were conceived in a Beverly Hills, California, clinic and remain frozen there. waiting for a legal decision. Loeb's interest for which the battle is being fought in Louisiana is that it is a pro-life state, which recognizes a fertilized embryo as a human being and therefore does not allow its destruction. The matter continued and in 2018 Loeb tried again, although Vergara tried to destroy her ex-boyfriend's alibi that he lived in Louisiana and that for that reason he could continue with his judicial fight in the courts of this state . A year later, in 2019, the Colombian accused the businessman of having lied under oath , and affirmed that both he and his lawyer “intentionally withheld” documents and evidence.
In addition, the actress has been for more than five years highest paid on television - in 2020 he earned 38 million euros - has repeatedly accused Loeb that he only seeks "fame." An opinion that is not misguided with the latest movement of the businessman who, after knowing the final resolution, took the opportunity to promote his film. “The judge is clearly influenced by Hollywood, which is a pattern that I expose in my upcoming film Roe v. Wade on April 2. It is sad that Sofia, a devout Catholic, intentionally created babies and then killed them, "he said Wednesday in a statement collected by People . Vergara, who has been married to Joe Manganiello since 2015, has for now preferred to remain silent after his victory.
This is the second setback so far this year for Nick Loeb, who last January already lost another appeal in the Louisiana court in his attempt to preserve and use the embryos and maintain the judicial battle in that state.
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