LOS ANGELES—Judge Amy Hogue has issued a ruling that gives adult performer Lylith LaVey permission to seek a default judgment in the civil lawsuit she filed last September against male performer Mr. Marcus, whom she accused of exposing her to the syphilis virus, the Los Angeles Daily News has reported.
LaVey's suit, which was filed Sept. 5, 2012, alleged fraud, negligence, battery and intentional infliction of emotional distress on the part of Mr. Marcus.
Hogue’s ruling was issued Thursday, and states that on May 1, “[Mr. Marcus] and his lawyer were ordered by a judge to respond to written questions posed by [LaVey’s] attorney, Adam Rose, and to turn over specified documents.
“Spencer and his lawyer did not comply with the order, according to a sworn statement by Rose,” it continued.
Judge Hogue responded to that apparent failure by embracing a solution she allowed was rare, but which she said was warranted in this situation, writing, “It appears [Mr. Marcus] has abandoned his defense of this case.”
The Daily News article also notes, “The judge wrote that [LaVey] believes her career has been hurt by her exposure to syphilis,” and further quotes the judge as writing of the plaintiff, “She feels that her reputation in the adult film world has been diminished as a result of filming with [Mr. Marcus].”