Wrong. Your BEST chance is about 50-50, more or less.
I am the plaintiff in a small claims court case in which I am suing a contractor for negligence and breach of contract. The evidence against the Defendant is overwhelming, and I am all but guaranteed to win.
That would be what any lawyer would do.
The Defendant has hired a lawyer who recently made a settlement offer for a substantially reduced amount. The Defendant's lawyer claims the Defendant is broke and this is all he can afford. He also said if I win the case for the full amount ($10K plus potential treble damages for fraud), his client will file for a Trial De Novo.
You will have to go through with another trial.
My question is:
If I win my small claims court and given how overwhelming the evidence is against the Defendant, what is the best approach for asking the new court to dismiss the case? Should I simply file a motion for summary judgment?
Not even in the same universe.
Also, could I counter-sue in the new court for abuse of process - basically the Defendant's lawyer knows the Defendant cannot win and is using the Trial De Novo to force me to accept the settlement under duress.
There are two rules for success:
(1) Never tell everything you know.