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LOS ANGELES (from www.CBSLA.com) — A Superior Court judge ruled Friday that an adult film actress is able to seek a judgement against a male co-star she says gave her a STD.

Heather DeAngelo, known in the porn industry and to fans as Lylith Lavey, sued Jesse Spencer — known as Mr. Marcus — after finding out that he had the communicable disease syphilis, according to her complaint filed in September 2012 in Los Angeles Superior Court. The suit alleges fraud, negligence, battery and intentional infliction of emotional distress.

On May 1, Spencer and his lawyer were ordered by a judge to respond to written questions posed by DeAngelo’s attorney, Adam Rose, and to turn over specified documents.

Spencer — who turned 43 two days ago — and his lawyer did not comply with the order, according to a sworn statement by Rose.

In a written ruling finalized today, Judge Amy Hogue said courts typically take less severe action before opening the door to a possible default judgment. But she said such a step is appropriate in this case.

“It appears (Spencer) has abandoned his defense of this case,” Hogue wrote.

The judge wrote that DeAngelo believes her professional career has been damaged by her exposure to a STD.

“She feels that her reputation in the adult film world has been diminished as a result of filming with (Spencer),” according to Hogue.

In June 2013, Spencer was sentenced to 30 days in jail for knowingly exposing at least two co-stars to syphilis. He was also ordered to serve 15 days of community service and three years of probation.