article: 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 .
highlights: 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 .
  But the split before remaining embryos could be implanted, it is alleged .
  Lawsuit also claims that Vergara was 'physically and mentally abusive' to Loeb during their almost-four-year relationship .
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