without the prior guidence the california courts likely would look to which authorities to help them reason through a decision?

1. persuasive

2. historical

3. binding

AOL, LLC, mistakenly made public the personal information of six hundred fifty thousand of its members. The members filed a suit in California, alleging violations of federal law and California state law. The member agreement between AOL and its members included a provision declaring Virginia as the location of any court dispute. AOL asked the court to dismiss the suit on the basis of that "forum-selection" clause in its member agreement. Under a previous decision of the United States Supreme Court, a forum-selection clause is unenforceable "if enforcement would contravene a strong public policy of the forum in which suit is brought." California courts previously have held in other cases that clauses similar to the AOL clause contravene a strong public policy