Sofia Vergara's attorney Fred Silberberg is continuing to fight against an amended lawsuit by the actress' ex-fiance Nick Loeb, mentioning that "it is almost a sham pleading under the law," according to People. 

Nick Loeb is seeking custody of Sofia Vergara's frozen embryos, which they created while they were engaged. The case moved further on Friday when Superior Court Judge Lawrence Cho ruled that the amended lawsuit may be filed. 

The actress and her husband Joe Manganiello are trying to have children "as soon as possible," an inside source recently told Hollywood Life. 

The couple, however, is allegedly concerned over certain medical complications: although she was able to recover from thyroid cancer almost 15 years ago, the possibility of radiation from those treatments presents a risk for carrying children. They have not confirmed a pregnancy. 

The "True Blood" star proposed to her during last year's and was later spotted with the "Modern Family" actress while vacationing together in Hawaii.

Although Nick Loeb filed the case several months later, he did respond to her engagement news, mentioning that he is happy for her.

"She is beautiful and majestic and therefore to be loved," he said, according to Us Magazine.

"Beyond all else in life she deserves happiness, the kind that only true love can bring."