Wasn't clear in the CA and the non-compete parts of that comment were connected.

However, in any case, the reality is that for small companies, for all but the most senior and/or desired employees (and even then), a potential non-compete issue just isn't worth dealing with. Doesn't matter whether it would ultimately lose in court, you're just not prepared to go there. That's the real issue with non-competes.

I've worked for a small firm and a candidate with even the most peripheral non-compete was just a non-starter.