What if the united states supreme court had not issued the prior opinion and california courts also had not decided that those clauses contravene a strong public policy? this case would be a case of in california?

This would be a case of first impression. This is a kind of case in which a question of interpretation of law is given which has never appear before in any reported case. Occasionally, it is only of first impression in the specific state or jurisdiction, so judgments from other states or the federal courts may be tested as a guideline.