Should mere residency at the time of filing a complaint be sufficient to invoke California public policy, or should there be an additional requirement? Explain.

On July 31, 2006, AOL, LLC, made public the Internet search records of more than 650,000 of its members. The records contained identifying data, as well as information about “struggles with various highly personal issues, including sexuality, mental illness, recovery from alcoholism, and victimization” from abuse. AOL admitted it made a mistake and took the data down, but other Web sites reproduced them in searchable form. The AOL members—including “Doe 1,” who proceeded anonymously because of the nature of the disclosed information—filed a class-action suit in a federal district court against AOL, alleging, in part, violations of California law. AOL filed a motion to dismiss the action on the basis of a “forum selection” and “choice of law” clause in its member agreement that designates Virginia courts and law to govern all member disputes. The court granted the motion. The plaintiffs appealed to the U.S. Court of Appeals for the Ninth Circuit.