Motion for Stay of Proceedings
26CV168539: BENDER, et al. vs MEDIA.NET ADVERTISING FZ, LLC, et al. 08/05/2026 Hearing on Motion for Stay of Proceedings filed by Media.net Support, Inc. (Defendant) CRS# 993856597779 in Department 18
Tentative Ruling - 08/04/2026 Patrick McKinney
The Motion for Stay of Proceedings filed by Media.net Support, Inc. on 04/28/2026 is Granted.
BACKGROUND Plaintiff s Jessica Bender, Laura Glover, Maxwell Lorincz, and Aden Wrede (Plaintiffs) filed this class action complaint on February 3, 2026. The complaint contends that Defendants Media.net Advertising FZ, LLC and Media.net Support, Inc. (Defendants) unlawfully collected data regarding consumers web browsing activities. The complaint brings causes of action for various California Penal Code violations, violation of Californias constitutional right to privacy, unfair business practices, common law invasion of privacy, and intrusion upon seclusion.
Defendant moves for a stay of proceedings on the grounds that in the case styled Variety Media, LLC v. Superior Court, pending in the Court of Appeal for the Second Appellate District, the Court of Appeal has issued an order to show cause in response to a petition for writ of mandate and/or prohibition challenging the applicability of the California Invasion of Privacy Act (CIPA), Penal Code section 638.51, and that the Courts pending order in that case may provide guidance on the lawfulness of data collection practices of the sort at issue in this case.
LEGAL STANDARD Pursuant to Code of Civil Procedure section 128(a), court has the power to provide for the orderly conduct of proceedings before it and amend and control its process and orders so as to make them conform to law and justice. (Civ. Proc. Code § 128(a)(3), (8).) Trial courts have the inherent power to stay proceedings in the interests of justice and to promote judicial efficiency. (Freiberg v. City of Mission Viejo (1995) 33 Cal.App.4th 1484, 1489.) DISCUSSION
Defendants request for judicial notice is GRANTED. (Evidence Code § 452(d)(1).) The court finds Defendants contention that the issues under consideration by the Court of Appeal in the Variety Media case substantially overlap with the issues raised in Plaintiffs class complaint. First, as the parties agree, Variety Media concerns whether the pen register provision of CIPA applies to online data collection. While Plaintiffs describe this as just one legal question relevant to one of [their] seven causes of action, the court is not persuaded.
Looking for case law or statutes not cited here? Search published authorities
Examples: “Why did the court rule this way?” · “What were the procedural grounds?” · “Is appearance required?”
As Plaintiffs note, [a]ll seven causes of action arise from the same core allegations regarding collection of browser and device data. (Opp. at p. 9.) These core allegations concern the propriety and/or legality of online data collection, as do Plaintiffs other causes of action, even if they are not specific to Penal Code section 638.51. Moreover, Plaintiffs identify [w]hether Defendants software is a pen register as a question common to the purported class. (Complaint, ¶ 94.D.) The court also agrees with Defendant that the differences between the facts and parties in this action versus Variety Media are immaterial to the effect the Court of Appeals determination in Variety Media will have upon the issues in this case.
As Defendant notes, 26CV168539: BENDER, et al. vs MEDIA.NET ADVERTISING FZ, LLC, et al. 08/05/2026 Hearing on Motion for Stay of Proceedings filed by Media.net Support, Inc. (Defendant) CRS# 993856597779 in Department 18 Variety Media presents a question of statutory interpretation that will apply with equal force to Defendant as it will to the defendants in Variety Media.
The court finds that judicial efficiency will be served by a stay. Defendant notes that the matter has been fully briefed to the Court of Appeal since April. Thus, Plaintiffs hardship concern regarding the indefinite nature of a stay are perhaps overblown. Moreover, all parties to this action, and the court, are at risk of hardship in the event that this action proceeds while Variety Media is pending and reaches a different conclusion regarding the pen register provision of CIPA. This outcome may lead to confusion, motions for reconsideration, and other stresses on the courts limited time and resources. In sum, a stay here is warranted.
ORDER
Defendants motion for a stay in proceedings is GRANTED. The entire case is hereby STAYED. The court sets a status conference for Wednesday, February 3, 2027 at 1:30 P.M. in Department 18.
CONTESTING TENTATIVE ORDERS
Notify the Court and all other parties no later than 4:00 pm the day before the scheduled hearing and identify the issues you wish to argue through the following steps.
1. Log into eCourt Public Portal - https://eportal.alameda.courts.ca.gov 2. Case Search 3. Enter the Case Number and select Search 4. Select the Case Name 5. Select the Tentative Rulings Tab 6. Select Click to Contest this Ruling 7. Enter your Name and Reason for Contesting 8. Select Proceed.