Yes, lane splitting is authorized in California, I just seen a deal on it on television a few days ago. I think it's a stupid thing to do but...
Now...first the motorcycle driver could have refrained from using foul language. Could have said something like, "hey dude, could you not text and drive, please"
Certainly, the BMW driver intended to run the guy over and should be charged.
Unfortunately, people are going to text. I see it every day, all day long here. It drives me nuts, but my guess is they are not going to stop. Too bad people no longer have much sense. And, I'm sure they are not all doctors saving someone's life with that text.
Just my .02.