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Variety Media LLC v. Superior Court

Published by Crandall Consulting · Informational litigation intelligence · Last substantive update: October 13, 2026

California Court of Appeal
Court
California
Jurisdiction
2026-08-21
Decision Date
Lawsuit
Matter Type

Docket / citation: No. B350578 · Filed: 2025-01-23

Risk scores, classifications, statistics, and technical findings are informational guidelines based on observed website behavior and publicly available litigation activity, statutes, court decisions, legal commentary, and other public sources. They are not legal advice, legal opinions, or determinations of liability.

Summary

Jones Walker reports that SB 690 was signed September 30, 2026, and will limit private civil remedies for covered Section 638.51 website and application claims beginning January 1, 2027. In Variety Media, LLC v. Superior Court, the California Court of Appeal withdrew submission and requested briefing on mootness and possible exceptions; no final merits or mootness decision is reported.

Litigation Status

Litigation pending
Current Status
Pending
Reported Outcome Direction
Appeal
Ruling Stage
Limited (stage- or fact-specific)
Precedential Weight

Status, direction, and weight describe how tracked public sources characterize this matter as of our last review — they are informational classifications, not legal assessments.

Procedural Posture

The underlying single-count Section 638.51 action was filed January 23, 2025. The appellate writ proceeding was argued and submitted August 25, 2026; submission was withdrawn October 1 for supplemental briefing, with resubmission scheduled October 15.

Reported Holding

The article reports a tentative ruling rejecting a telephone-only interpretation of section 638.51 but rejecting the plaintiff’s specific IP-address theory because an IP address identifies the communication’s source rather than its destination. The excerpt does not establish a final holding.

What the Court Decided

On October 1, 2026, the court withdrew submission and requested supplemental briefing on whether SB 690 makes the writ proceeding moot and whether a mootness exception applies. No final merits ruling is reported.

What the Court Did Not Decide

The court had not finally resolved the Section 638.51 interpretation or mootness questions. Its tentative ruling rejected a telephone-only interpretation of pen register but tentatively found the plaintiff's IP-address theory insufficient; that ruling was neither final nor precedential.

Significance

Generally viewed as defense-favorable. Characterizations of significance describe how the matter has generally been discussed in tracked public sources; individual holdings are often narrow, procedural, or fact-specific, and this page does not state or imply broader holdings than the sources support.

What This Page Does and Does Not Say

This page reports what our tracked public sources say about this matter — including, where identified, the procedural posture (for example, a ruling on a motion to dismiss is not a final merits decision). It does not report legal conclusions beyond those sources, does not predict outcomes, and does not constitute legal advice.

Technologies at Issue

Third parties named or identified in tracked sources: Kochava, third-party data brokers, Google, Meta, TikTok, Pacific Trial Attorneys, Maning Law APC, Tauler Smith LLP, Potter Handy LLP, Victims Advocacy Group PLLC, Google Analytics.

Statutes Invoked

Claims Asserted

Claims identified in tracked public sources; pleadings may include additional or amended claims.

What This Matter May Mean for Website Operators

California Invasion of Privacy Act (CIPA) is an all-party consent statute with a private right of action. Consent standard and private enforceability are the structural features that most shape where website tracking claims are filed and how they are valued.

For operators using similar technologies, the recurring factual questions in matters like this one are when session recording begins relative to consent and whether input masking covers every field; whether chat transcripts or typing previews transit a vendor's servers before the visitor presses send; whether advertising pixels transmit page URLs or hashed form data before a consent choice; what page URLs and query strings analytics tools share with third parties. Our scanner tests these behaviors empirically.

Because this matter is pending, anything reported here is procedural — allegations and interim rulings, not final determinations.

Detection of a similar technology on a website is an informational risk indicator, not a legal conclusion, and nothing in this section is legal advice.

Related Intelligence

Sources

About This Page

Publisher: Inspection-Ready Institute, Inc. (DBA Crandall Consulting), an independent website compliance and risk consultancy. We are not a law firm and nothing on this page is legal advice.

How this content is produced: Facts are extracted from publicly available sources — court and government materials, recognized legal press, professional analysis, and industry reports — by our litigation intelligence engine, stored with full source provenance, and rendered from the database. Risk guidelines are computed by a deterministic formula, never by an AI model directly. See the full methodology.

Limitations: Counts labeled "Tracked" reflect matters identified in our source set and are not official court statistics. We report what courts decided and did not decide; we do not predict outcomes.

Corrections: If you believe anything on this page is inaccurate, contact us via the contact page and we will review the underlying sources promptly.

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