instruction:
In this task, you will be shown a prompt from a judicial decision and multiple holding statements derived from citations following text in a legal decision.  Holdings represent the governing legal rule when the law is applied to a particular set of facts. There are five answer choices for each citing text. The correct answer is the holding statement that corresponds to the citing text. You should write an incorrect option. Even though there exist multiple wrong answers, we only need a single wrong answer. There is a <HOLDING> token in the position of the citing text prompt where the holding statement was extracted.
question:
to landslide, even though earth movement was the most immediate cause). We therefore conclude that this is a case of multiple causation. B. We must now determine whether the deterioration or the fungicide manufacturers’ failure to warn is the “proximate efficient cause” of the damage to Berry’s irrigation pipes. In Sabella, the California Supreme Court defined “proximate efficient cause” both as “the one that sets others in motion” and as “the predominating or moving efficient cause.” Sabella, 27 Cal.Rptr. at 695, 377 P.2d at 895; see Garvey, 257 Cal.Rptr. at 296, 770 P.2d at 708 (“Sabella defined ‘efficient proximate cause’ alternatively as the ‘one that sets others in motion’ and as ‘the predominating or moving efficient cause.’”) (citations omitted); Howell, 267 Cal.Rptr. at 716 (<HOLDING>); Brian Chuchua’s Jeep, 13 Cal.Rptr.2d at 445 
 Holding statements: (A) recognizing the existence of purely jurisdictional elements (B) recognizing existence of two tests (C) recognizing first two exceptions (D) recognizing that the existence of an agency relationship is ordinarily a question of fact (E) recognizing the existence of the special relationship
answer:
recognizing the existence of purely jurisdictional elements


question:
of finality which is essential to the operation of our criminal justice system.” Sawyer v. Smith, 497 U.S. 227, 242, 110 S.Ct. 2822, 111 L.Ed.2d 193 (1990). Petitioner claims that Apprendi falls within the narrow scope of the second category of exceptions and is therefore applicable to his case retroactively. The Second Circuit has not yet addressed the question of whether Apprendi should be considered a “watershed rule,” falling within the Teague exceptions. However, every Circuit Court which has considered this question has held that Apprendi should not be applied retroactively on collateral review. United States v. Sanders, 247 F.3d 139, 146 (4th Cir.2001); Jones v. Smith, 231 F.3d 1227, 1236 (9th Cir.2001); see, e.g., Abdullah v. United States, 240 F.3d 683, 687 (8th Cir.2001)(<HOLDING>); Browning v. United States, 241 F.3d 1262, 
 Holding statements: (A) holding that petitioner was barred from bringing apprendi claim on second or successive motion to vacate because supreme court had not made apprendi retroactive to cases on collateral review (B) holding apprendi is not retroactive (C) holding that apprendi does not apply on collateral review (D) holding that until the supreme court rules otherwise apprendi is not a new rule of constitutional law made retroactive to cases on collateral review  that was previously unavailable (E) holding that the apprendi decision is not applicable on collateral review
answer:
holding apprendi is not retroactive


question:
85198, 2005 WL 1484025, at *7 (Ohio Ct.App. June 23, 2005) (same). Here, the Court finds that Plaintiff fails to state an independent claim for breach of contract separate from its claim for default on the Notes. The Amended Complaint reflects that Plaintiffs breach of contract claim is based on the same operative facts as its default claim. Specifically, the pleadings make clear that both causes of action are attempting to enforce the Notes, which are attached to the Amended Complaint. Plaintiff fails to allege facts of any agreement separate from the Notes and the purported extension of their maturity date. Finally, the language of the Notes reflect that they are, or at least purport to be, negotiable instruments within the meaning of Ohio law. Cf. Mohammad, 2012 WL 3132030, at *3-4 (<HOLDING>). Although a plaintiff is generally able to 
 Holding statements: (A) holding that promissory estoppel is applicable only in the absence of an enforceable contract (B) holding that the promissory note was a negotiable instrument as opposed to a contract for the purposes of determining the applicable statute of limitations (C) holding that a promissory note is not enforceable against a party who signed the deed of trust but did not sign the promissory note inasmuch as promissory notes and deeds of trust are separate legal documents with unique purposes (D) holding that when the basis of the earlier suit was that the plaintiff had had defaulted on a promissory note and the claim in the instant action is whether that promissory note was valid the transaction test is met (E) holding that fraudulent collection on promissory note was reasonably related to breach of contract claim
answer:

holding that promissory estoppel is applicable only in the absence of an enforceable contract