According to newly filed court documents, a judge is allowing the actress to introduce evidence into the case, including a transcript of Loeb’s deposition that calls into questions his “pro-life” stance, due to when he had no objection to previous girlfriends getting abortions.
Loeb, 41, and 45-year-old Vergara have been battling it out in court for the past two years over embryos the former couple was planning on implanting in a surrogate. However, the two broke up before they were able to go ahead with their plan, leaving the fate of the fertilized eggs, two girls Loeb named Emma and Isabella, in limbo.
Loeb sued the actress demanding she not be allowed to destroy the embryos, insisting he already has formed a strong emotional attachment to his two unborn daughters and that he wants to bring them into the world.
However, Vergara demanded the court shut him down, and she has repeatedly cited their agreement that states both parties have to consent before an embryo is used.
Loeb recently filed yet another motion requesting the judge not allow discovery from a separate lawsuit being introduced into Vergara’s pending case.
He demanded the tactic be stopped due to the evidence containing highly personal testimony and documents, which he claims are embarrassing to him and to third parties. He noted these documents do not pertain to this case and he points out Vergara has failed to follow the proper procedure in court.
On July 11, Vergara fired back at Loeb’s attempt to have his previous deposition and other evidence banned from the current case.
She claimed Loeb wishes to conceal such testimony and has resorted to completely outlandish arguments.
Furthermore, Vergara argued, Loeb’s claim he fears for his private sexual history being at risk if the discovery is allowed in this case is nonsense since the case involves the same parties and the documents would be covered with the same level of confidentiality.
The actress then called into question Loeb’s purported pro-life views and motivations throughout those proceedings.
Vergara noted her ex disclosed he had previously consented to abortions involving two prior girlfriends.
On July 18, the judge came back with his decision and sided with Vergara.
The order grants the motion to allow use of discovery and Loeb’s transcript from the previous litigation, with the provision that the documents remain sealed at this time.
The judge also noted Vergara presented enough evidence to find good cause to modify the parties existing protective order.
The court stated Loeb’s alleged admission of consenting to previous abortions is relevant to Vergara’s lawsuit. The judge ordered the deposition transcript and other sealed documents to be allowed into the case, a huge victory for the actress in the never-ending legal battle with Loeb.
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