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

Anissa Kate Fronts Latest From Pervz

Anissa Kate stars with Arin Jones in the latest release from Pervz series “PervTherapy.”

Violet Myers, Rissa May Lead 3rd Installment of 'Equilibrium' From Deeper

Multi-XMAs winner Violet Myers and Rissa May star with Jason Luv in the third installment of Vixen Media Group studio imprint Deeper’s fantasy feature “Equilibrium.”

Elegant Angel Showcase 'Tanya Tate Is MILFWoman' Premieres

Tanya Tate takes on the role of "MILFwoman" in the latest Elegant Angel showcase series.

Richard Mann Drops New Evil Angel Scene With Alexandra Quintezz

Alexandra Quintezz stars in an Evil Angel scene alongside Sir Goldey and director/performer Richard Mann.

Vixen Media Group Debuts 3rd Season of Cross-Site Series 'Hotel Vixen'

Vixen Media Group (VMG) has launched the third season of its cross-site, Caribbean-set series "Hotel Vixen," with scenes presented by its studio websites Vixen, Blacked, and Tushy.

Blake Blossom, Kate Dalia Topline 'Lesbian Trainer 4' From Sweetheart Video

Blake Blossom and Kate Dalia headline the fourth volume of “Lesbian Trainer” from Mile High Media studio imprint Sweetheart Video.

Jonni Darkko Directs New Kianna Dior Showcase

Evil Angel has released Jonni Darkko’s latest showcase, "Kianna Dior Busty Cum Slut 12."

Martina Smeraldi Makes Her Bellesa Plus Debut

Martina Smeraldi has made her Bellesa Plus debut alongside Christian Clay and reigning three-time XMAs Male Performer of the Year Vince Karter in the studio’s latest release, “The Pilots.”

TTS: European Production Hold to End August 14

Talent Testing Service Europe has issued a follow-up statement to its call for a European production hold due to a positive syphilis test last week, advising ending the hold on August 14. The statement follows:

New Owner Alex Mack on Hussie's Rebrand to Glow Models

Alex Mack, the longtime Hussie Models agent who bought the company in April, has renamed it Glow Models.

Show More