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. The four incorrect answers are other holding statements. You should find the correct option. There is a <HOLDING> token in the position of the citing text prompt where the holding statement was extracted.

Q: constructive, or judicially imposed lien, or (4) asserted against real or personal property. See Tex. Gov’t Code Ann. § 51.903; Cardenas v. Wilson, 428 S.W.3d 130, 132 (Tex. App.Houston [1st Dist.] 2014, no pet.) (noting that 51.903 inquiry into mechanic’s lien determines only that mechanic’s lien is provided by Texas law, not whether the underlying mechanic’s lien was valid). If the motion requires greater inquiry, then it is a motion for declaratory judgment. See Tex. Civ. Prac. & Rem. Code Ann. § 37.004(a) (West 2015); State Bar of Tex. v. Heard, 603 S.W.2d 829, 833 (Tex. 1980) (“We look to the substance of a plea for relief to determine the nature of the pleading, not merely at the form of title given to it.”); Nguyen, 2016 WL 2343893, at *2 (citing Becker, 2010 WL 877569, at *2-3 (<HOLDING>)). A motion for declaratory judgment must be 
 Holding statements: (A) holding that in ruling on a motion for summary judgment the trial court is limited to the grounds raised in the motion (B) holding motion requesting more relief than section 51903 provides was motion for declaratory judgment (C) holding that motion accepting judgment but requesting findings of fact and conclusions of law was not directed against the judgment (D) holding that substance of motion to extend time was a section 1301f motion rather than a section 1301g motion and that trial court did not abuse discretion in denying the section 1301f motion (E) holding that the courts denial of either a motion to dismiss or a motion for summary judgment is not a final judgment and is not reviewable 

A: (B)
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Q: June 1993 was being denied. Katz asserts that he never received the letter and, therefore, until March 27, 1995, when he received the notice of the denial of coverage, Colonial had led him to believe that his policy covered registered nursing care provided at a general hospital. As the dispute as to whether Katz actually received the letter cannot be resolved at this juncture, I now consider whether, if he did not receive the letter, Colonial should be estopped from denying coverage for the October/November private nursing care. In order to prevail under the doctrine of equitable estoppel, Katz must show (1) a material representation, (2) reasonable reliance upon that representation, and (3) damage resulting from that representation. Lee v. Burkhart, 991 F.2d 1004, 1009 (2d Cir.1993) (<HOLDING>). Katz asserts that Colonial’s failure to 
 Holding statements: (A) recognizing difference between tolling and equitable estoppel (B) recognizing cause of action (C) holding that ejven if there were no express preemption under erisa  514a of the cause of action in that case it would be preempted because it conflicted directly with an erisa cause of action (D) recognizing the cause of action (E) recognizing cause of action for equitable estoppel under erisa

A: (E)
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Q: agree which documents evince their agreement. Smart Call argues the unsigned service agree ment, which requires any disputes to be submitted to arbitration in Ohio under Ohio law, is the contract. Conceding the document is unsigned and does not name Genio as a party, Smart Call argues the accompanying e-mails constitute written confirmation of its terms sufficient to make the contract enforceable. See Tex. Bus. & Com.Code § 2.201(b) (providing an unsigned contract for goods may be enforceable upon written confirmation of the contract’s terms). Smart Call further argues the forum-selection clause is evidence of Smart Call’s intent to avoid availing itself of the benefits and protections of Texas law. See Michiana, 168 S.W.3d at 792 (citing Burger King, 471 U.S. at 482, 105 S.Ct. 2174) (<HOLDING>). Further, because all of its negotiations with 
 Holding statements: (A) holding that rule of construction that specific statutory provisions control general ones should not be applied where provisions can be harmonized (B) holding that contracts should be interpreted to give effect to all provisions (C) holding that related provisions should be read together (D) holding choiceoflaw provisions should be considered when determining purposeful availment (E) recognizing that totality of circumstances must be considered in determining permissible inferences

A:
(D)
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