• Sofia Vergara plays Gloria Delgado-Prtichett in the ABC series "Modern Family."

Sofia Vergara plays Gloria Delgado-Prtichett in the ABC series "Modern Family." (Photo : Reuters/Lucas Jackson)

Sofia Vergara's ex- fiancé Nick Loeb recently filed a lawsuit to prevent the actress from destroying the frozen embryos that were created when they were still together.

According to court documents obtained by In Touch Weekly, the lawsuit was filed in California and it says that six months before Vergara and Loeb split back in 2013, the embryos were created via vitro fertilization and it is the result of her eggs and his sperm being fertilized.

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The publication reported that the lawsuit was filed under a name identified as "John Doe" pertaining to Loeb while Vergara was referred to as "Jane Doe."

A source told the publication that Loeb and Vergara tried twice to use a surrogate mother but both situations were unsuccessful and the reason behind Loeb wanting to preserve the eggs is because he wants to have children. The source pointed out that Loeb is very emotionally attached to the embryos because he is pro-life.

In the lawsuit, it says that Vergara refuses to agree to preserve the embryos under any circumstances. It was initially filed last August of 2014 but was re-filed on April 1 with new conditions.

The documents also said that Vergara was physically and mentally abusive towards Loeb when they were still together citing situations such as Vergara punching him in the face and bullying him by degrading him as in calling Loeb a loser or worthless.

Meanwhile, Xpose Entertainment reported that Vergara and her new fiancé Joe Manganiello, 38, are planning to have a child. Vergara has a 23-year-old son from her previous marriage and she said in her statement that it might be weird because her son is already old for him to have a sibling but if it's what Manganiello wants, they might try to pre-create eventually.

Vergara has not yet commented on the lawsuit filed by Loeb and did not confirm any of his claims yet.