Sofia Vergara’s former fiancé may have more legal questions to answer

A judge has indicated he is prepared to order Sofia Vergara’s former fiancé – who is suing the Beverly Hills reproductive center where the ex-couple had embryos created in anticipation of a family – to answer more questions from the facility’s lawyers and a Pay a fine of more than $2,000.

Los Angeles Superior Court Judge Stephen Goorvitch on Friday issued a preliminary ruling saying he is leaning towards granting a motion by attorneys for ART Reproductive Services LLC and compelling Nick Loeb to attend the additional investigations. The $2,110 fine, if imposed, would compensate defense attorneys for their work on the motion.

The judge is scheduled to hear arguments on Monday before making a final decision.

In the negligence lawsuit filed in June 2020, Loeb says he and Vergara began dating in 2010, became engaged in 2012, and subsequently began discussing plans for a family. According to his court filings, they agreed to create embryos in ART through in vitro fertilization.

After the first round of IVF, a surrogate mother was unable to give birth to a child with two embryos, so Loeb and Vergara consulted ART about a second round of treatment in November 2013, which Loeb said produced two more embryos.

However, the ART form policy did not give Loeb and Vergara the ability to choose what would happen to the embryos if the couple separates or if storage fees are not paid, which Loeb said is a violation of state health and safety laws.

Vergara didn’t pay the storage fees, and Loeb ended up paying them, he says.

Also, according to Loeb, Loeb and Vergara were not provided legal counsel or advised to speak with attorneys before signing the forms.

Attorneys for the ART Center wanted to ask Loeb questions about his living children and his relationship with them during his testimony, but Loeb’s attorney told him not to answer, according to the judge’s preliminary ruling.

“That alone compels the court to grant this motion,” Goorvitch wrote. “The law is clear that an attorney cannot instruct a client not to answer a question during the filing unless it involves issues such as privilege or trade secrets.”

Loeb has also made his relationship with his children an issue in his lawsuit, saying his feelings of loss at not being able to relate to the unborn children are part of his emotional distress.

“As such, (ART Center) is authorized to investigate his relationship with his surviving children in order to determine the merit of this claim for damages,” Goorvitch wrote.

Questions the Loeb facility’s attorneys plan to ask include how often he sees his children in person, who their biological mother is, who has custody of them, whether he has a visiting schedule with them, what their gender is, and what was loeb present for her birthdays and school plays.

In his court filings, Loeb’s attorney, Vip Bhola, stated that given his death threats because of his anti-life beliefs and Vergara’s popularity, Loeb “will not put his living children at risk.”

In a separate lawsuit, Vergara, now 49, sued Loeb in February 2016, seeking an injunction stating that any attempts by Loeb, now 46, to mature the embryos were in breach of her original contract. Vergara won that case in March 2021.

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