I believe that the Bitcoin Foundation's argument is that in California BTC doesn't meet the definition of a currency.
That's irrelevant as it never went to court therefore it's not case law like the Texas ruling is.
Eh... I'd barely call what was done in Texas "case law". It was an opinion by a magistrate judge in one federal judicial district. Magistrate judges -- while technically possessing all the adjudicative powers of district judges over cases they're assigned to -- aren't confirmed by the Senate and their opinions are rarely cited as "case law", merely "persuasive authority", even in the districts they are in. I am not going to research specifically whether magistrate opinions are even publishable (other than on the case docket), further restricting their precedential value; it won't surprise me either way.
Regardless, this judge barely analyzed whether bitcoin is money, because it pretty obviously is. Any other judge that's faced with the question will likely rule the exact same way.