Lawyers for jockey Patrick Valenzuela, tentatively scheduled to ride Rock Hard Ten in the Belmont, will be in court Tuesday hoping to earn a stay of a California Horse Racing Board suspension that could keep the troubled jockey out of the final leg of the Triple Crown.

On May 18, the CHRB handed Valenzuela a four-month suspension for failing to show up for a Jan. 22 drug test, but gave him credit for the three months he had already sat out after he was originally handed an indefinite suspension after failing to show for the test. The final month of his suspension is set to begin June 1, four days before the Belmont.

Valenzuela's only legal recourse is to appeal the CHRB ruling in court and seek a stay while the appeal is being considered. His attorney Donald Calabria said he will file a motion Tuesday in Los Angeles Superior court seeking the stay. If it is granted, Valenzuela can ride. If not, trainer Jason Orman will need to find another rider. A ruling will be issued Tuesday.

"In most of these situations, I am confident of winning," Calabria said. "This is a little different. They are going to contest it. We'll just have to see what happens."

Calabria added that if granted a stay, the appeal would be dropped following the Belmont and Valenzuela would then serve his suspension.

Orman said he has not picked a backup rider should Valenzuela not be permitted to ride.

Rock Hard Ten was a distant second behind Triple Crown hopeful Smarty Jones in the Preakness. He was ridden that day by Gary Stevens, who is committed to riding in the Epsom Derby in England on Belmont Day.

Valenzuela has ridden in just one Belmont, finishing second aboard Sunday Silence, who had won the Kentucky Derby and Preakness.