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

Cami Strella, River Lynn Front Latest From New Sensations

Cami Strella and River Lynn star in the latest release from New Sensations.

Vixen Drops Cross-Site Feature 'Pull'

Vixen Media Group has released “Pull,” a five-part, cross-site feature with scenes presented by its studio websites Vixen, Blacked, and Tushy.

Brazzers Launches Model Management Division 'Brazzers Creator'

Brazzers has launched its new full-service model management division, Brazzers Creator, offering content management services across multiple platforms.

Private Releases 'Private Gangbangs 5'

Private has released “Private Gangbangs 5,” directed by Xavi Rocka.

FTC Promises 'Vigorous' TAKE IT DOWN Act Enforcement

The Federal Trade Commission is warning platforms that the agency will strongly enforce the notice-and-removal requirements of the TAKE IT DOWN Act, which go into effect next week on May 19.

STD Hero Joins Pineapple Support as Sponsor

Better Life Science brand STD Hero has joined the ranks of over 70 adult businesses and organizations committing funds and resources to Pineapple Support.

Zariah Aura, Rebel Rhyder Lead Latest From Evil Angel

Zariah Aura and Rebel Rhyder star in the latest release from Evil Angel, directed by multi-XMAs winner Aiden Starr.

2026 XBIZ Miami Speaker, Open-Floor Conversation Guide Lineup Announced

XBIZ is pleased to announce the release of the full speaker lineup for XBIZ Miami, the latest edition of the adult industry’s premier summer conference, set to take place May 11-14 at the Goodtime Hotel in Miami Beach.

Bad Bella Stars in Latest From New Sensations

Bad Bella stars with Alex Legend in the latest release from New Sensations.

Domino Presley, Chris Epic Front New Release from Grooby

Domino Presley and Chris Epic star in the latest release from Grooby Girls, titled “Cleaning the Pipes.”

Show More