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

Sep 8, 2013 10:45 AM PST

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.

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