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

Milena Ray Is Hustler's 'Cover Honey' for May

Milena Ray is the Cover Honey for the May issue of Hustler Magazine and appears in a 14-page centerfold spread shot by Davide Esposito.

Vanna Bardot, Chloe Foxxe Headline 'Dad's Lesbian Lover 4'

Two-time XMAs Female Performer of the Year Vanna Bardot and Chloe Foxxe topline the fourth volume of "Dad's Lesbian Lover," the latest release from Girlfriends Films.

Andylynn Payne, Sasha Tatcha Topline 'TS Girls Do It Best 3' From TransSensual

Andylynn Payne and Sasha Tatcha headline "TS Girls Do It Best 3," from Mile High Media studio imprint TransSensual.

Casey Calvert Wraps Production on Girlsway Feature 'Straight Girls'

Adult Time has announced that production has wrapped on the feature, "Straight Girls," directed by multi-XMAs winner Casey Calvert.

RocketGate Taps Joël Drapeau for Senior Account Executive Role

Payment processing company RocketGate has hired industry veteran Joël Drapeau as its new account executive for business development and client relations.

VR Reloaded: Inside the Next Era of Immersive Adult Entertainment

For years, virtual reality in adult entertainment hovered somewhere between “quirky novelty” and “exciting promise of things to come.” While the technology hinted at a radically different way to experience erotic media, early experiments often required bulky headsets, complicated downloads, and production techniques that weren’t yet quite up to the task.

On the Set: Seth Gamble, Wicked Serve Up 'Sweet Juggz of Justice'

It’s Easter Sunday, and there’s a rainbow shining at Tranquility Canyon Movie Ranch in Santa Clarita, California. Only this one isn’t in the sky. It’s on the ground and made up of four powerhouse performers, Angel Youngs, Octavia Red, Rissa May, and Vanna Bardot, dressed in vivid, artfully styled color on the set of Seth Gamble’s new Wicked Pictures feature, “Sweet Juggz of Justice.”

Violet Voss Makes Her Blacked Raw Debut

Violet Voss has made her debut for Vixen Media Group studio imprint Blacked Raw, alongside multi-XMAs winner Isiah Maxwell.

Pineapple Support Names Ocean Hanx Brand Ambassador

Pineapple Support has named creator Ocean Hanx as its newest brand ambassador.

Penny Barber, Nina Nova Star in Latest From Girlsway

2025 XMAs MILF Performer of the Year Penny Barber stars with Nina Nova in the latest release from Girlsway series "Mommy's Girl," titled "A Bit of a Stretch."

Show More