Sofia Vergara should be allowed to testify during the upcoming trial of a lawsuit brought by her former fiancé against the Beverly Hills reproductive center where the ex-couple had embryos created in anticipation of having a family, lawyers for the facility argue in new court papers.
After the first round of IVF, a surrogate mother was unable to produce a child with two embryos, so Loeb and Vergara consulted with ART about a second round of treatments in November 2013 that produced two more embryos, according to Loeb. However, ART did not provide Loeb and Vergara with the chance to decide what would happen to the embryos if the couple separated or if storage fees went unpaid, a violation of the state Health & Safety Code, according to Loeb.
"In this case, failed to provide the partners with a form dealing with the disposition of the embryos in the event of a separation,'' Loeb's lawyers argue in their court papers."There is no testimony that Ms. Vergara can give that would have a tendency to prove that the defendant provided this form and secured the partners' signatures.''
"Ms. Vergara is a highly loved and well-known celebrity who has 26.8 million-plus followers on Instagram,'' more than the states of Louisiana, Kentucky, Oregon, Oklahoma, Connecticut, Utah, Nevada, Iowa, Arkansas, Mississippi, Kansas, New Mexico, Idaho, Nebraska, West Virginia, Hawaii, New Hampshire, Maine, Montana, Rhode Island, Delaware, South Dakota, North Dakota, Alaska and Washington D.C. combined,'' Loeb's attorneys state in their court papers.
Therefore, the embryos would have never been implanted regardless of documentation requirements, meaning Loeb has not been deprived of a meaningful parenthood of his unborn children as a result of anything done or not done byThe Loeb motion"does not attempt to identify any specific testimony of Ms. Vergara that should be excluded, rather just references the supposed prejudice Mr. Loeb will face from Ms.
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