Sofia Vergara and her ex fiance Nick Loeb are embroiled in a legal fight over her frozen eggs which they planned to have children with before their bitter split , a new report claims . Loeb has filed a lawsuit in California in a bid to prevent the Modern Family actress from destroying two cryopreserved female embryos created through IVF , according to InTouch . Vergara ’ s representatives declined to comment on the allegations when contacted by DailyMail.com on Wednesday . Court documents , filed under pseudonyms Jane and John Doe , detail how the couple fertilized embryos using her eggs and his sperm six months before their split in November 2013 . Scroll down for video . Legal fight : A magazine claims Nick Loeb has filed a lawsuit against his ex-fiancee Sofia Vergara in a bid to prevent her from destroying two cryopreserved female embryos created through IVF , pictured here in 2011 . Loeb , 39 , is seeking to ensure the female embryos are not destroyed , but Vergara has refused to 'agree to their preservation under all circumstances , ' according to the legal papers . The lawsuit was first filed in August 2014 before it was refiled again on April 1 with updated information and after Loeb sought new legal representation . Another claim in the documents is that , previously , the pair twice had eggs implanted in a surrogate , but the procedure failed . Elsewhere in the lawsuit , it is claimed 42-year-old actress Vergara - who got engaged to True Blood hunk Joe Manganiello on Christmas Day after six months of dating - was 'physically and mentally abusive ' to Loeb . Wrangle : The lawsuit has been filed under the pseudonyms John and Jane Doe . No directive : Ultimately , the outcome will be at the discretion of a judge , but it would be unlikely that Loeb would be able to use the embryos without Sofia 's consent , according to a legal expert who spoke to InTouch . The documents state : '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 . ' In April 2013 Vergara - who has a 23-year-old son Manolo from her first marriage - spoke publicly about having frozen her eggs and her desire to have more children . She revealed that she and Loeb - who she dated on-off for almost four years - planned to use a surrogate on the account that she had thyroid cancer in 2000 and , as a result , had a lot of radiation . Complicated matter : In this page of the document it states Sofia and Nick were planning on using a gestational surrogate in 2012 to start a family and that Sofia had insisted on using a 44-year-old friend and emloyee . Arduous process : After the first two embryos failed to implant in the first surrogate the couple looked for another suitable candidate . Getting ugly : Page five of the document further details Sofia and Nick 's disagreements over the usage and disposal of the embryos and also alleges Sofia was physically , emotionally and mentally abusive to him . InTouch has previously claimed that now Vergara and 38-year-old Manganiello have found a surrogate and plan to have children of their own . The actress recently told Vanity Fair magazine that while having another child would be 'weird ' , it something she might do if it made Joe happy . She told the magazine : 'My son , Manolo , is 23 years old , which is going to be really weird if I have another baby . But , you know , Joe wants babies and if it 's going to make him super-happy , then ... ' The complicated legal wrangle with Loeb still stands , though . Moving on : The Modern Family actress is now engaged to Joe Manganiello and there are rumours the couple are planning to have children of their own via a surrogate . Other documentation obtained by InTouch which forms part of the lawsuit shows that Jane Doe ( Vergara ) asked that the embryos be destroyed in the event of her death , while Loeb refused to agree to this condition . No agreement was made between the couple about what would happen to any frozen eggs in the event they ended their relationship . Ultimately , the outcome will be at the discretion of a judge . However legal experts told InTouch that it would be unlikely that Loeb will be able to use the embryos without Sofia 's consent . Mom-of-one : Sofia has a 23-year-old son Manolo from her first marriage , pictured together here in 2014 at HBO 's Golden Globes after party in Los Angeles .
Loeb has filed a lawsuit to stop Modern Family actress destroying two frozen embryos , according to legal documents obtained by InTouch . Embryos were fertilized using her eggs and his sperm six months before their split in November 2013 , it is claimed . Former couple previously tried to use surrogate to have children twice during their relationship , but procedures failed , according to the lawsuit . TL;DR Lawsuit also claims that Vergara was 'physically and mentally abusive ' to Loeb during their almost-four-year relationship .