You can't have an attorney represent you in small claims court, but can someone else file and appear on your behalf? If so, perhaps someone in the Bay Area should setup a company that helps people sue Google in small claims court. Charge a couple hundred bucks or something.
No, you cannot represent somebody else in small claims court, even if you are a licensed attorney. The plaintiff and the defendant must represent themselves. If either one is a corporation, then an employee of the corporation (not a hired lawyer or consultant) must represent the corporation.
"116.540. (a) Except as permitted by this section, no individual other than the plaintiff and the defendant may take part in the conduct or defense of a small claims action."
Most of the exceptions detail that the person appearing has to be a regular employee of the plaintiff, if not the plaintiff themselves.
You're usually required to file in the defendant's court, and with good reason. The judge will likely toss the case out unless you have a really good reason for not filing here.
There is no legal obligation to file in the Defendant's court. US law allows a lawsuit to be filed in (1) the plaintiff's home court, (2) the defendant's home court, or (3) the home court of the jurisdiction where the events giving rise to the lawsuit took place.
Forum selection clauses ARE NOT BINDING UNLESS SIGNED IN WRITING. Most courts will not honor forum selection clauses between consumers and corporations due to the unfair bargaining power in the relationship. The other primary justification is that the corporation can afford to travel to a city where they willingly do business (i.e., provide goods or services.)
CHOICE OF LAW CLAUSES ARE BINDING. That simply means that the the court hearing the case may have to apply the law of a different state.
