Sofia Vergara's lawyer says frozen embryos lawsuit is 'unnecessary'

LOS ANGELES, Dec. 8 (UPI) -- Sofia Vergara's lawyer says the frozen embryos lawsuit against the star would be an "unnecessary legal battle."

The 44-year-old actress' attorney issued a statement in response to reports that Vergara is being sued by her own embryos in her ongoing legal battle with ex-fiancé Nick Loeb.

"Next week the judge presiding over the case was to rule on Ms. Vergara's request for sanctions against Mr. Loeb for refusing to comply with a court order, and on her motion for summary judgement-seeking dismissal of the case he filed against her, attempting to get control of pre-embryos that he created with Vergara. That genetic material was created pursuant to a written agreement that required both parties written consent to attempt to create a pregnancy," the statement reads.

"Apparently Mr. Loeb and his counsel, knowing that he was about to lose decided to attempt to save face by taking their proverbial ball and going home. Reports are out that Mr. Loeb has caused a lawsuit to be filed on behalf of the pre-embryos in Louisiana, essentially trying to get the same relief that he was trying to get through his failed legal attempt in California."

"If these reports are true, this latest maneuver is nothing more than another attempt on the part of Loeb to keep himself in the public eye by keeping himself linked to Ms. Vergara. The media reports contend that Mr. Loeb has caused a lawsuit to be initiated claiming that the pre-embryos -- which are not embryos, but rather frozen fertilized ova -- have been given names by him and have a right to live. Loeb apparently thinks that he will garner sympathy from the public and the courts through this latest maneuver, one that we believe will also result in failure."

"It is unfortunate that Loeb feels the need to keep himself linked to Vergara, who is happily married [to Joe Manganiello], by taking up more of our overburdened courts' resources, preventing judges from focusing on real legal problems. It if is really a family that Loeb wants, he should hire a surrogate and an egg donor and create one without dragging Vergara through another unnecessary legal battle," the statement concludes.

Page Six had reported Tuesday that a right-to-live lawsuit was filed against Vergara in Louisiana on behalf of her fertilized eggs. The suit claims the embryos, listed as plaintiffs "Emma" and "Isabella," have been deprived of an inheritance from a trust created for them in Louisiana, and requests they be given to Loeb.

Vergara and Loeb split in 2014 after a nearly two-year engagement. Loeb sued the actress the next year for custody of their fertilized eggs, but filed a motion this week to drop that lawsuit in light of the new suit in Louisiana.

"He's clearly worried that he's about to lose the California lawsuit," divorce attorney Martha Cohen Stine told Page Six. "I think this lawsuit will be dismissed on its face because the embryos are not located in Louisiana."