EXCLUSIVE: Sofia Vergara says she has PROOF that her ex fiancé should not have custody of their embryos or be allowed to have a surrogate carry them to term

Sofia Vergara, 45, filed a motion in Los Angeles court to use Nick Loeb's deposition from a 2014 lawsuit when he sued for custody of their embryos
DailyMail.com has learned the deposition allegedly contains information about Loeb's sexual history and his girlfriends who have had abortions
Loeb, 41, said it was not relevant to Vergara's court order to block him from having the embryos they created during their relationship carried to term
He claimed private sexual history is at risk if the discovery is allowed in this case but Vergara said the same parties and the documents would be covered with the same level of confidentiality
A separate lawsuit filed in Louisiana on behalf of the female embryos claimed Vergara is depriving the 'unborn daughters' of inheritance

Published: 15:20 BST, 14 July 2017 | Updated: 15:58 BST, 14 July 2017

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Sofia Vergara filed a motion in Los Angeles to use her ex fiancé's deposition from a previous lawsuit in her court order to ensure her frozen embryos are not carried to term.

The exes have been fighting in a nasty and public legal battle for years. Nick Loeb, 41, sued Vergara, 45, in early 2015 for custody of the female embryos they created. While they were dating, the former couple signed a document saying they both had to consent to implant the embryos in a surrogate.

According to new court documents obtained by DailyMail.com, Vergara claims her ex's deposition from the 2015 case is relevant to her court order to prohibit from him from suing again for the embryos.

Loeb dropped his case in 2016 a day before another one was filed by an unknown third party in Louisiana representing the embryos as plaintiffs.

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Nick Loeb and Sofia Vergara froze their embryos in 2013 and split the following year. They signed an agreement stating they both had to consent before bringing the embryos to term

Vergara filed a motion to allow Loeb's testimony be admissible as evidence to allow her to block him from bringing the female embryos to term

Vergara said there is evidence that includes WhatsApp messages showing the businessman's intent in deciding to drop his lawsuit.

She revealed Loeb made several admissions during his deposition that are important, including statements that called into question his pro-life views.

Under Exhibit A, she included a story from Page Six that quoted Loeb who said he refused to name the two ex-girlfriends who had abortions in the past.

Loeb has cited his pro-life stance in his reasoning to have his 'daughters' born in his public statements.

He filed a motion to strike, and cited the anti-Strategic Lawsuit Against Public Participation (SLAPP) statute to block this testimony from being used in this case.

Loeb was grilled about his sex life and previous relationships in the days before he dropped the lawsuit against his ex.

Vergara (with husband Joe Manganiello) was sued by her embryos in December 2016 in Louisiana, a state where IVF embryos are considered 'juridical persons' with rights

Vergara said Loeb has resorted to completely outlandish arguments such as the contention the sealed discovery is somehow irrelevant

Loeb claimed his private sexual history is at risk if the discovery is allowed in this case. Vergara said this is nonsense considering this case involves the same parties and the documents would be covered with the same level of confidentiality.

She said Loeb wishes to unfairly conceal the testimony and has resorted to outlandish arguments such as the contention the sealed discovery is somehow irrelevant.

The case has garnered the interest of pro-life groups because it called into question the rights of the embryos created at ART Reproductive Center in Beverly Hills.

A case was filed against Vergara in December of 2016 by an third party in Louisiana where IVF embryos are considered 'juridical persons' with rights, including the right to life.

The plaintiffs were listed as the embryos who Loeb has named Emma and Isabella. The lawsuit claimed the actress was depriving them of inheritance by blocking them from being born.

Vergara and her lawyer have accused Loeb of trying to keep himself in the public eye by drawing attention to the case. He wrote an opinion piece in the New York Times in 2015 that argued if a woman has a right to chose to carry a pregnancy to term, a man should have the same rights when it comes to an IVF embryo.

The actress responded on Good Morning America: 'This shouldn't be out there for people to give their opinion. There's nothing to talk about, there's papers signed.'

Vergara has a 24-year-old son, Manolo Gonzalez-Ripoll Vergara, from a previous relationship. She married Magic Mike actor Joe Manganiello in a lavish Palm Beach ceremony in November 2015.