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You're acting like a jerk and you don't know what you're talking about but I'm going to humor you anyway. 1) Here are three from NY (there's isn't much more case law than this because small claims cases-- to my point-- are rarely removed to higher courts): 1a) Shaw v Point Lookout Toys, LLC., 58 Misc. 3d 789: "While the court appreciates the defendants' concerns, they must be weighed against the "salutary purposes of Small Claims Courts which is to provide a simple, informal and inexpensive procedure for the prompt determination of claims within its jurisdiction" (Kilinski v Melendez, 182 Misc 2d 55, 57, 696 NYS2d 780 [Sup Ct, Nassau County 1999], citing UDCA 1802 [the UCCA 1802 counterpart applicable to District Court]). Indeed, these underpinnings of small claims court have been deemed a substantial right to which parties are entitled." 1b) Fordham Rent A Car Corp. v. Hyman, 109 Misc. 2d 176 : "For this court to direct the removal of the small claims action would ignore the intended purpose of the 1979 amendment of subdivision (b) of section 1805 of the New York City Civil Court Act (CCA) which seeks to prevent divestiture of small claims jurisdiction" 1c) Moise v Brown (26 Misc 3d 1224[A], 907 NYS2d 438, 2010 NY Slip Op 50243[U] [Sup Ct, Kings County 2010]) : "Transfer and consolidation here, therefore, would prejudice a substantial right of defendant Keon K. Brown, that is, the right to have his claim resolved according to the standard and rules applicable in the Small Claims Part of Civil Court, whereas allowing the Small Claims action to proceed would not prejudice Plaintiff in this action." 2. I'm not saying the cases don't settle. I'm saying that small claims cases which don't settle almost always go before a judge. They are rarely disposed of by pretrial motions because small claims courts strongly discourage and in some instances prohibit pretrial motions. In CA, for example, a defendant could file a motion to dismiss but that's about it. Other means of disposing cases (e.g. summary judgment) are unavailable. |