Mister Marcus Is Being Sued – EXCLUSIVE!

I have been hearing word of this for quite a while. Since Google (and other search engines) doesn’t generally archive court sites it didn’t show up on my radar.  I was watching for it but yesterday I found the right place.  All the details tha I have follow.  I just want to say to Lylith LaVey…GOOD FOR YOU!  Actions have consequences and Mister Marcus knew he was infected yet he worked with her anyway.  This is a civil action so it doesn’t have the same burden of proof as a criminal action and while I do believe that Mister Marcus should be criminally prosecuted this is certainly appropriate and I hope she wins and it sends a message to everyone that what he did is totally unacceptable behavior.

In the case type I believe PI= Personal Injury   Im not sure what ID and WD mean  it may be that WD is wrongful death and is just a catagory that combines these type of law suits.  It is clear that Lylith and her legal team view what Mister Marcus did as an assault and personally I would agree.

Again kudos to Lylith for demanding accountability here!

The case info comes from www.lasuperiorcourt.org and is as follows:

Case Summary

Case Number:  LC098312

Filing Date:  09/05/2012
Case Type:  Intentional PI/ID/WD  (eg. assault)  (General Jurisdiction)
Status:  Pending
Future Hearings

09/05/2013 at 01:30 pm in department T at 6230 Sylmar Ave., Van Nuys, CA 91401
Conference-Mandatory Settlement(MEDIATION TO BE COMPLETED BY04-26-13)

09/25/2013 at 09:00 am in department T at 6230 Sylmar Ave., Van Nuys, CA 91401
Conference-Final Status

09/30/2013 at 10:00 am in department T at 6230 Sylmar Ave., Van Nuys, CA 91401



CUTLER MARTIN IAN – Attorney-Defendant


DOES 1-100 – Defendant

LA VEY LYLITH – Plaintiff’s AKA

MARCUS MR. – Defendant’s AKA

ROSE ADAM M. – Attorney-Plaintiff


Documents Filed (Filing dates listed in descending order)

Filed by Mediator

04/02/2013 Motion to Compel (defendant Marcus Spencer’s responses to first set of form interrogatories )
Filed by Attorney-Plaintiff

04/02/2013 Motion to Compel (defendant Marcus Spencer’s responses to first set of requests for production of documents )
Filed by Attorney-Plaintiff

02/20/2013 Notice-Assignment-Mediator
Filed by ADR Clerk

02/05/2013 Notice-Case Management Conference
Filed by Attorney-Plaintiff

Filed by Attorney-Plaintiff

12/17/2012 Answer
Filed by Attorney-Defendant

12/10/2012 Statement-Case Management
Filed by Attorney-Plaintiff

10/30/2012 Proof of Service-Summons & Com (by personal service on 10/29/12 )
Filed by Attorney-Plaintiff

09/05/2012 Notice-Case Management Conference

09/05/2012 Complaint

09/05/2012 Summons-Issued
Filed by Attorney-Plaintiff

Proceedings Held (Proceeding dates listed in descending order)

05/01/2013 at 08:30 am in Department NWT, Maria E. Stratton, Presiding
Motion-Compel (responses to first set of requests for production of documents2. to compel def Marcus Spencer’s resp to first set of form interrogatories- by pltff) – Granted

04/26/2013 in Department ADRO, ADR Neutral, Presiding
Closed-ADR – Not Held-Removed ADR-Other

01/22/2013 at 08:30 am in Department NWT, Maria E. Stratton, Presiding
Conference-Case Management – Held-Order made


75160cookie-checkMister Marcus Is Being Sued – EXCLUSIVE!

Mister Marcus Is Being Sued – EXCLUSIVE!

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38 Responses

  1. Big deal, what’s she going to win? His Baseball caps lol! The dude hasn’t a pot to piss in. Broke. Again Bad porn math. She should have went after Bang Bro$$$$

  2. Billy,
    What makes you think they haven’t already? (and came to a confidential settlement)

  3. @jilted Well if Lylith had come to some sort of back room “confidential settlement” from BangWin. Wouldn’t the whole suing MR Marcus thing breach the terms of said agreement? I mean, that’s the whole Idea of a “confidential settlement” right? Once you get the money you have to shut up about it.

  4. Jilted. I know it’s a Civil case. But how do you know if it’s a workers compensation case? Is it listed somewhere? Would she’d have to file in? I know for a fact that the producer that shot that scene did not have works comp insurance. Shit I wonder if the producer is still with the company.

  5. The fact that Mr. Marcus is the only defendant could indicate that she had already reached a settlement with the production company. That would have been the more interesting suit because it could ask the question: what liability does a production have with regard to the validity of testing. One section of the condom law, as I understand it, is that employees working on sets would have to be trained in the handling of certain materials. If you’d had trained employees, would they have recognized Mr. Marcus’s symptoms and put an end to the shoot? I don’t know the answer but it could have been interesting at a trial.

    The next interesting point will be whether a production company backs Mr. Marcus in this suit and settles it out of court rather than air dirty laundry.

  6. BT,
    I’m not sure what it means but there is one line above that names DOES 1-100 as defendants. I dont know if this is just a standard line on this form or if it meant there are additional defendants.

  7. Hey, Jilted. You’re right, and, like you, I’m not sure what it means. When people sue, they often include the John and Jane Does with the idea that defendants may be added later as a result of what they learn in discovery. If you notice, interrogatories were apparently filed because there were two motions to compel interrogatory responses from Mr. Marcus. When you file a suit and its accepted by the court, as this one has been, the plaintiff filing the suit sends a list of questions he or she wants answered – the interrogatories – that may lead to further discovery or other people being added to the suit. The motions to compel means Mr. Marcus had not answered the interrogatories in a timely fashion. That doesn’t necessarily mean anything – he may not have been served on time. He may not have retained a lawyer. Who knows. But, again, typically there are John Does to allow the plaintiff to add other people later.

  8. BT,
    Having once been involved in a wrongful death lawsuit against a major university hospital I am all to familiar with process. the interogitories, expert witnesses, etc. Not answering interogitories is a delay tactic often used to drain a plaintiff of rescources and prolong the proceedings. Nothing is easy in these lawsuits, best of luck to her. It will be interesting to see if she actually contracted syphilis, seeing as how everyone has been saying that nobody else got infected. It wil also be interesting to see Marcus, and maybe the producers get on the witness stand, UNDER OATH. Same for the Measure B lawsuit. I can’t wait to see Kayden Kross say that she has never had an std under oath.

  9. Frivolous?????? Marcus’ Attorney Flips Off Lylith Lavey: She Knew What She Was Getting Into

    this lawyer ought to be disbarred

    –on the web

    It appears that Mr. Marcus is playing the arrogance card. I can’t believe an attorney would make these kinds of remarks in light of AB 332. Remember, too, Marcus one minute said it was a vitamin deficiency that caused the spotty lesions on his cock. Next minute he’s claiming lube irritated him.

    LOS ANGELES from http://www.xbiz.com — Mr. Marcus’ attorney says that performer Lylith LaVey’s emotional distress suit against the male porn star at center of last year’s syphilis-infection outbreak is full of holes because she knew the risks involved in shoots.

    LaVey filed suit in September alleging emotional distress stemming from a June 24 Bang Bros shoot involving herself and Mr. Marcus. The suit filed at Van Nuys Superior Court surfaced after MikeSouth.com posted a case summary of it yesterday.

    In the Bang Bros video, LaVey could be seen giving fellatio to Mr. Marcus, whose penis clearly showed evidence of a possible STD.

    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.

    While the case is in its early discovery phases, the emotional distress case hinges on LeVey’s claim that Mr. Marcus didn’t inform the female performer that he had earlier contracted a sexually transmitted, according to Mr. Marcus attorney Martin Cutler.

    “In my 24 years of practicing law, I have never seen a more frivolous case against a defendant than this one,” Cutler told XBIZ. “There was an assumption of risk in the case of the shoot. She’s a porn actress — she knew what she was getting into.”

    Los Angeles’ adult film industry expressed sharp emotions over the syphilis outbreak last year that put livelihoods on pause during a performance moratorium.

    At the epicenter of the outbreak was Mr. Marcus, who on Aug. 21 admitted he had performed in three sex scenes after doctoring his STI test to conceal that he had contracted syphilis. The revelation struck the adult film community as a betrayal and reaction was swift and merciless.

    While Marcus drew the brunt of people’s outrage, many also suggested that industry testing lab Talent Testing Services and the Free Speech Coalition’s Adult Production Health & Safety Services mishandled the crisis due to “politics.”

    LaVey did not respond to XBIZ calls over the suit. Her attorney, Adam Rose, could not be contacted.

  10. Thoughts Over The Evenings Frangelico: So, If You Get HIV, Tough- That’s According to Mr. Marcus’ Attorney

    According to Mr. Marcus’ attorney Martin Cutler, if a performer contracts HIV on a porn set, they have no cause for legal redress. Sounds insane?

    But that’s exactly the argument Cutler puts forth in the Lylith Lavey lawsuit. Lavey is suing Mr. Marcus for emotional distress stemming from their sexual encounter on a Bang Bros. set, June of last year. Marcus hid the fact that he was second stage syphilis.

    Cutler says, “In my 24 years of practicing law, I have never seen a more frivolous case against a defendant than this one. There was an assumption of risk in the case of the shoot. She’s a porn actress — she knew what she was getting into.”

    By Cutler’s standards, if Marcus succeeded in giving Lavey syphilis or any other kind of infectious disease, it’s the el tough-o shit-o ruling, a long held standard adopted by Mexican law. The way I’m reading it, Cutler’s remarks also include the fact that if a performer’s not informed that the person their working with has HIV, they have no legal grounds because it’s an assumed risk.

    Never mind the fact that Cutler’s client knowingly lied about his condition; never mind that Marcus’s explanation of his spotted dick keeps changing and never mind that Diane Duke and Free Speech effected a story to gloss over Marcus’ behavior.

    I’ve been saying all along that Free Speech cares not one wit about performers. Cutler’s callous remarks only illustrate what I’ve been saying.

    Boy, is this going to be fun

  11. Does anyone else here see a pattern developing where the general attitude towards performers has been and still is,,, “it’s the risk they take!” Listen up, folks, the producers WOULD RATHER YOU CATCH A SEXUALLY TRANSMITTED DISEASE THAN REWORK THEIR SHOOT! mr. marcus knew that, and he was in a tough spot with diminished brain power.
    So again, in case you’re missing the point… Producers and directors would rather knowingly give you an infected partner than correcting the situation or cancelling the shoot (which costs THEM money!)

  12. Nick. Not every producer is out to “GET” the talent. I’m sure the director had a trusting working relationship with MM and wouldn’t think that he would show up to set sick. He should have looked at his cock and said go home dude and gave the girl a kill fee or replaced the male talent. So your wrong there. No Producer or Director in their right mind would “knowingly” shoot someone with a bad test. Look at the history dude. It’s always been the talent that show up with bad test. A kill fee is only $200 bucks a lawsuit = $$$$$$$$$ do the math bro.

  13. (Producers and directors would rather knowingly give you an infected partner than correcting the situation or cancelling the shoot (which costs THEM money!) Calling Bullshit on that statement.

  14. Shawn Ricks used to direct movies. I told him I couldn’t do the scene because I had just started feeling ‘funny’ down there. He pulled me aside, and said, “look, Nick. That’s the risk she takes! Just do the scene, she’ll never know.” I didn’t do the scene, and I didn’t work for Shawn Ricks again after that (his choice). Why? I cost him money!
    Another director said, “come here, Nick… Look at this girl!” Are you sure you can’t do the scene? I refused, and I never got a chance to work with that director again, either.
    then there is the director who went around making everyone sign a paper saying we didn’t want to use condoms with the explicit instruction that if we didn’t sign it and we wanted to use condoms, we wouldn’t be working for his company again. All of this is true, Billy! And I am not alone in knowing this little skanky tidbit about the industry, either.

  15. And I never said producers would shoot someone with a known bad test. Please defend the producers and directors all you wish, but do not put words in my mouth.
    With everything seeming on the up and up legal wise (again, didn’t say the producer knew the test was bad), the shoot happened. Are you trying to say the director didn’t watch the monitor, or even care enough to look at his talent’s penis while DIRECTING? And are you going to say the cameraman didn’t notice? AND YET THE SHOOT HAPPENED. I did the math, Billy. I did the math since 1991! It don’t add up anymore and I call bullshit on people who think the industry can police itself with regards to the talents health issues! Why? They simply do not care!

  16. @Nick. One would have to think stuff like this happens more often than the industry would have you believe, right? If a performer has been diagnosed with gonorrhea or chlamydia after testing on Monday and that performer is scheduled to shoot a scene for a company (that was planned weeks in advance), on Wednesday what exactly happens? Are they usually willing to wait for a performer(s) to take medication and retest a week or two later?

    In Marcus’ case, there were at least 2 companies who didn’t care enough to analyze his altered test with serious scrutiny, which is why he was able to perform after being diagnosed as “reactive” for syphillis after his penicilin shot. I mean, if everyone’s motivated by money, including the crew, director, and performers–then how could any performer who truly cares about their health really trust anybody in the business???

  17. @KV814. I was a performer. I cared about my health. I got sick and tired of catching STD’s so I quit performing. The mitigating factors involved in the production of an adult film have too many traps a performer can fall into, up to and including what to do when a performer shows up with an obvious problem (STD).
    For instance, I was shooting a still photography scene for Scott Preston with a new girl (can’t think of her name right now, I wanna say Crystal Gold or something like that) and Brandon Iron. Brandon’s penis looked like a glazed donut!!!! HE ACTUALLY SHOWED UP TO WORK WITH A GLAZED PENIS!!!
    The girl gave me a horrified look and motioned for me to look at his member myself. When I did, I stopped the shoot. Talk about an ordeal, though!!!! The girl wanted me to do the dirty work, Scott wondered if there was a way to continue (he was gonna lose money), and ultimately I never got the chance to work for Scott again! That may be because he quit shooting, I don’t know about that one.
    Either way, a day later Brandon called me on the phone to tell me that I had nothing to worry about, since the glazing on his penis was nothing more than MOLLUSCUM! And he was okay with going to work looking like that!!! IT’S THE RISK SHE TAKES, SO WORK ANYWAY!
    So to answer your question,,, nobody in this industry should HAVE to trust others when it comes to their sexual health. Condoms are the ONLY answer that makes ANY sense, plain and simple.
    The question to pose to performers is this…
    “Have you ever had to cancel a shoot because you felt funny down there, and if so, what happened?” I think that if performers answered that question honestly, it would open an entirely new can of worms.
    James Deen brags that he hasn’t caught an STD since he’s been in the business. If he didn’t already prove himself to be a complete liar, I’d bother to point out that he is lying about that statement. But the problem is that people sneak to DR. Riggs to keep a squeeky clean STD report so that more girls want to work with them! “Hey, look, I’m clean and safe!” wouldn’t mean as much if EVERYONE was!

  18. Wow, I’ve never even heard of Moscullum and I had to google it. It sounds like some nasty stuff–but then again, what STD isn’t nasty? There are so many STDs out there and I’ve always wondered why the industry only tested for three for so many years. I mean, syphillis has been around a long time but they just started testing for the disease in the summer of 2012!!!?? Really??? And they still don’t test for herpes but I guess nobody would be able to work if they did.

    There’s a lot of folks in the biz who absolutely do NOT wanna work with condoms despite the high STD rates. So I often wonder if porn could ever be split into two factions: a “condom-only” side and a “bareback” side with no performers being permitted to crossover into the other.

    Yeah, being that performers are only required to test once every 30 days, I think it would be damn near impossible not to catch an STD from another performer at some point considering the large number of partners people fuck (on and off camera) and length of time somebody like Deen has been in the industry.

    Who is Dr. Riggs? Each performer has an STD report!!??? Sorta like a CarFax?? Is this report public?

    It seems like you have more than a few war stories to tell about STDs in the XXX industry I’m sure you could write an interesting tell-all book.

  19. 1. I didn’t actually catch herpes. So, no, performers don’t automatically get herpes. Why did the powers that be choose to not test for herpes? Because it would divide the business concerning who could work with whom, plain and simple! And since they conned the talent into paying for these tests, they had to make them economical too.
    2. Where are the performers who you’re speaking of who “absolutely do NOT wanna work with condoms”? The only performers who feel that way are mediocre performers who can’t do the job wearing a condom, period! it is actually the producers who absolutely do NOT want to work with condoms because they don’t make as much money. that is the ONLY reason they hate condoms.
    3. Dr. Riggs is the ‘go-to’ doctor since the mid nineties! 18 year old boys go there to get prescriptions to viagra (sorry to throw you under the bus, Dr. Riggs, but you could have done more to help the talent and you know it!) and EVERYBODY goes there to get treated for STD’s because if they went to AIM (in the day, now it’s APHHS?), they’d not be allowed to work again until they tested clean (a test they pay for and it gives them a ‘mark’ on their reports. Ya see, what happens is that guys like (and including) James Deen keep a portfolio of STD/HIV paperwork, and when they show the girl their test, they also show her their history (like a carfax but manipulatable -is that a word?) to show how careful they’ve been on choosing only jobs with stellar co-stars and ever so carefully steered clear of catching anything EVER! It also makes their significant other feel more comfortable having unprotected sex with them (until they catch something themselves and see through the lie).
    4. War stories? I know where the bodies are buried, you betcha! But please understand that when I started in the industry it was COMPLETELY DIFFERENT, but then it morphed into the skanky shell of itself that it’s become. With condoms and accountablility will come respect and mainstreamification (again, is that a word?) and the quality of the talent will increase, leading to large corporations taking over the San Fernando Valley just like they did to Las Vegas! Talent will make more money, get residuals, and be respectable for a change.
    That isn’t a prediction. That is an inevitablility!
    Happy Cinco de Mayo, everybody!!!

  20. Billy,
    Marcus showed up on SEVERAL sets with MULTIPLE visible syphilis sores and was NEVER sent home by a single priducer or director. On one gang bang set there was one girl who complained, and guess who got sent home,, she did. Guess who stayed and did the shoot, Marcus and about 7 other performers, along with both the director and producer to whom the girl complained.

    You can call bullshit, but after the facts are reviewed your bullshit objection is overruled, the facts speak for themselves, and in the case of Mr Marcus there were several producers and directors who saw the exact same thing on his penis that this one female did, and not a single one sent marcus packing, not one!

  21. @Nick – great points. That’s why I don’t know how Lylith Lavey could win her case against Marcus. They supposedly shot the scene before the industry began testing for syphillis so there was no test for Marcus to fake at that time. So it’s very possible he didn’t know what he had exactly and obviously didn’t much care. Lylith will claim that the white lesions on his genitals should’ve indicated to him that he had something bad going on down there. Well if that’s the case, then why didn’t she say something once she herself saw the lesions? As you smartly pointed out, nobody on that set said a damn word and they all just went on with the shoot and collected their paychecks. She later admitted that she never contracted syphillis from Marcus.

    Lylith is rightfully embarassed about working with a performer who exhibited obvious signs of what was later determined to be stage 2 syphillis. Those still shots of Marcus’ infected penis in her mouth will FOREVER be on the web for people to see so I can understand her frustration. Although I’m not sure she’ll gain anything from her lawsuit nor will it undo the embarrasing decision she made which was caught on video.

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