Judge Rejects Sofía Vergara’s Second Motion to Dismiss Nick Loeb’s Lawsuit—Forced to Go to Trial Over Frozen Embryos

In Touch has exclusively learned that just weeks before her wedding to fiancé Joe Manganiello, Sofía Vergara has lost a key legal ruling in a battle over the frozen embryos created with her ex-fiancé Nick Loeb — and will be forced to go to trial.

According to documents exclusively obtained by In Touch on Oct. 27, a judge rejected the actress’ second motion to dismiss a lawsuit filed by her ex Nick. In Touch first broke the story in April, that Nick is trying to prevent Sofía from destroying two cryopreserved female embryos they created through in vitro fertilization prior to their 2014 split.

“Sofía is panicking. The last thing she wants is for this case to go to court,” a source reveals.

Sofía is busy preparing for her Nov. 22 wedding, which will include 400 guests at The Breakers Palm Beach hotel in Florida, but suddenly she’s consumed with her past, not focusing on her future. The judge in the embryo case left open the possibility that if Nick wins at trial, he won’t need Sofía’s consent to bring the embryos to term.

“Sofía is devastated,” an insider explains, adding that the Modern Family star is “terrified” of the court battle that is now looming. “But Nick is committed to saving and bringing these embryos to term via surrogate. He’s going to see this thing through until the end.”

“[Sofía]’s just praying that her legal team finds a way to persuade the judge that this can’t go through without her blessing.”

For more on Sofía and Nick’s court battle, pickup the latest issue of In Touch magazine on newsstands tomorrow!