Prosecutors were dealt another legal setback this week in the case against a Newport Beach hand surgeon and his girlfriend when an Orange County Superior Court judge granted a motion to dismiss charges accusing them of drugging a woman.

Judge Michael Leversen, however, gave prosecutors with the Attorney General’s Office 10 days to refile charges against Dr. Grant Robicheaux, 43, and Cerissa Riley, 36.

Prosecutors said they intend to do so.

During a hearing on Monday, Aug. 28, Leversen dismissed felony counts of poisoning and sale of phencyclidine against Robicheaux and Riley, and a felony count of sale or transport of cocaine against Riley.

Robicheaux still faces four misdemeanor charges of possession of a controlled substance — psilocybin, ecstasy, cocaine and GHB — as well as two felony counts of possession of an assault weapon.

With the judge’s action, Riley no longer faces any charges.

The judge’s move, called a demurrer, is a legal move to dismiss charges based on an argument that there’s not enough facts to support the allegations.

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On July 7, Leversen gutted much of the case after a preliminary hearing, dismissing charges that the pair had drugged and assaulted two women.

The attorneys will return to court on Sept. 25.

The embattled case sparked headlines when it was filed, with then-Orange County District Attorney Tony Rackauckas touting allegations that the reality TV personality Robicehaux and his girlfriend lured women they met at Newport Beach bars, drugged their drinks and sexually assaulted the victims.

When now-Orange County District Attorney Todd Spitzer was running to unseat Rackauckas, Spitzer criticized his predecessor’s handling of the case. After ordering a review of the case when he was elected the county’s top prosecutor, Spitzer moved to drop the case.

But when one of the alleged victims objected in court, that move was denied and Spitzer’s office was eventually thrown off of the case.

After the Attorney General’s Office took over, the case was pared down. What began as a case that included 13 accusers was eventually boiled down to two victims.

One judge involved in the case recused himself because he foresaw a potential conflict of interest. Another judge backed out of the case when his temperament was questioned by defense attorneys, and another judge died while overseeing it.

Deputy Attorney General Namita Patel indicated in court on Monday that prosecutors are discussing a possible settlement with defense attorneys.

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