Judge Rules for Lylith Lavey in Syphilis Suit Against Mr. Marcus

LOS ANGELES — Adult film actress Lylith Lavey, who sued Mr. Marcus last year after finding out that he allegedly exposed her to syphilis during a porn shoot, received the green light Friday from a Los Angeles Superior Court judge to begin seeking a default judgment against the veteran actor.

Her suit alleges fraud, negligence, battery, intentional infliction of emotional distress.

Mr. Marcus and his lawyer were ordered in May to respond to written questions posed by Lavey’s attorney, Adam Rose, and to turn over specified documents.

But Los Angeles Superior Court Judge Amy Hogue on Friday said that Mr. Marcus “abandoned his defense of this case.”

Lavey’s alleged claims stemming from a June 24, 2012, Bang Bros shoot involving herself and Mr. Marcus. In the Bang Bros video, LaVey could be seen giving fellatio to Mr. Marcus, whose penis clearly showed evidence of a possible STI.   

Mr. Marcus, in a previous interview with XBIZ, said the sores at the time looked more like a skin irritation. “It looked like a patch of rough skin, like maybe a reaction to some kind of lube that irritated me," he previously told XBIZ.

Hogue said courts typically take less severe action before imposing a possible default judgment. But she said such a step is appropriate in this case. In addition, the judge said that Lavey feels her career has been hurt by her exposure to syphilis.

“[Lavey] feels that her reputation in the adult film world has been diminished as a result of filming with [Mr. Marcus],” Hogue wrote.

In June, Mr. Marcus' then newly tapped attorney, Martin Cutler, said that Lavey's emotional distress suit is full of holes because she knew the risks involved in shoots. Cutler told XBIZ at the time: "There was an assumption of risk in the case of the shoot. She's a porn actress — she knew what she was getting into."

But, apparently, Mr. Marcus gave up his defense in the case shortly after tapping the attorney.

Cutler did not respond to an XBIZ call on Sunday for comment. Mr. Marcus' voicemail was full.

Related:  

Copyright © 2026 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

Yhivi Stars in Latest From Brazzers

Yhivi stars with Brazzers exclusive Girthmasterr in the studio's latest release, titled "Wild Nights."

Milena Ray Leads Dorcel's 'PL4Y #3''

Milena Ray headlines the latest release from Dorcel, titled “PL4Y #3.”

Ivy Ireland Toplines Vince Karter's 'Karter Kreation 2'

Ivy Ireland headlines reigning and three-time XMAs Male Performer of the Year Vince Karter’s latest Evil Angel directorial, “Karter Kreation 2.”

Leana Lovings Returns to Hentaied

Leana Lovings stars in the latest Hentaied scene, titled “Containment Breach.”

Wisconsin Governor Vetoes Age Verification Bill

Gov. Tony Evers on Friday vetoed AB 105, an age verification bill that would have allowed anyone to sue adult content providers for damages over alleged failure to age-verify users in Wisconsin, with penalties of up to $10,000 per violation.

Sarah Arabic Makes Her Elegant Angel Debut

Sarah Arabic has made her debut for Elegant Angel alongside multi-XMAs winner Seth Gamble in a release directed by Sid Knox.

Keke Lou Makes Her WIFEY Debut

Keke Lou has made her debut for Vixen Media Group studio imprint WIFEY alongside her husband, Moses, and Chocolate Rod.

FSC Releases Statement on Wisconsin Governor Vetoing AV Bill

The Free Speech Coalition has released a statement on Wisconsin Governor Tony Evers' veto of the state's age verification legislation.

Lilly Bell, Gizelle Blanco Lead Latest From Girlsway

2025 XMAs Girl/Girl Performer of the Year Lilly Bell stars with Gizelle Blanco in the latest Girlsway release, titled “Door-to-Door Seduction.”

Romi Rain Fronts Latest From New Sensations

Multi-XMAs winner Romi Rain stars with Ken Feels and Nick Strokes in the latest release from New Sensations.

Show More