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.

Q: by [the motorist].” Freitas II, 108 Hawai'i at 44, 116 P.3d at 686 (citing Desmond, 91 Hawai'i at 219, 982 P.2d at 353) (brackets in original). In Desmond, the ICA noted that “it is advisable that, at the commencement of the administrative hearing, the Hearing Officer inform the parties what procedure he or she will follow.” 91 Hawai'i at 219, 982 P.2d at 353 (emphasis added). In rejecting Freitas’s argument, this court observed that “procedural due process requires that a person have an ‘opportunity to be heard at a meaningful time and in a meaningful manner.’ ” 108 Hawai'i at 44, 116 P.3d at 686 (quoting Farmer v. Admin. Dir. of the Courts, 94 Hawai'i 232, 238, 11 P.3d 457, 463 (2000)); cf. Padilla-Agustin v. Immigration & Naturalization Serv., 21 F.3d 970, 974 (9th Cir.1994) (<HOLDING>). Since the hearing officer had advised Freitas 
 Holding statements: (A) holding that due process requires not only notice but sufficient information to allow petitioner to prepare and present objection to the agencys preliminary action or decision (B) holding that notice to the attorney of record constitutes notice to the petitioner (C) holding that constitutional due process in civil contempt proceedings requires notice and a hearing but not the right to counsel (D) holding that due process requires a hearing appropriate to the nature of the case (E) holding that due process requires that notice be reasonably calculated under all circumstances to provide parties with notice of the pending action

A: holding that notice to the attorney of record constitutes notice to the petitioner
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Q: in the context of an election case, even in the absence of a class action, and concluding that the case was not moot); Rosario v. Rockefeller, 410 U.S. 752, 756 n. 5, 93 S.Ct. 1245, 36 L.Ed.2d 1 (1973) (concluding that plaintiffs’ class action challenge to New York’s Election Law was capable of repetition yet evading review, although primary election had passed and the petitioners would be eligible to vote in the next primary); Dunn v. Blumstein, 405 U.S. 330, 333 n. 2, 92 S.Ct. 995, 31 L.Ed.2d 274 (1972) (in challenge to a provision of Tennessee’s election law, concluding that, although plaintiff would be eligible to vote in the next election, the controversy was capable of repetition yet evading review); Fulani v. League of Women Voters Educ. Fund, 882 F.2d 621, 628 (2d Cir.1989) (<HOLDING>). We adopt the approach of the former cases, 
 Holding statements: (A) holding that appeal was not moot despite the fact that the election had passed because there would be every reason to expect the same parties to generate a similar future controversy emphasis added (B) holding that although the 1972 election had long since passed the case was not moot because the statute under review would apply to other candidates in the future (C) holding that election case was not moot after election because there is a reasonable expectation that the same complaining parties would be subject to that same action in the future (D) holding that issues as to whether declaratory relief should be granted had become moot and would be dismissed for lack of jurisdiction but that under hallman the entire appeal was not moot because there still was a live controversy as to whether appellee was entitled to recover attorneys fees under the declaratory judgments act and therefore issues regarding attorneys fees were not moot and would be decided (E) holding that plaintiffs claims were not moot although the election was over because the same issues would affect minorparty candidacies in the future but failing to address whether fulani herself would be affected

A: holding that appeal was not moot despite the fact that the election had passed because there would be every reason to expect the same parties to generate a similar future controversy emphasis added
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Q: fees, an award of reasonable fees is mandatory, as long as there is proof of reasonable fees ... and the plaintiff has been awarded damages.” Mathis v. Exxon Corp., 302 F.3d 448, 462 (5th Cir.2002), citing Tex. Civ. Peac. & Rem. Code Ann. § 38.001(8) (Vernon 2002). Accord Coffel v. Stryker Corp., 284 F.3d 625, 640 (5th Cir.2002) (“[t]he award of reasonable attorneys’ fees is mandatory under § 38.001 if the plaintiff prevails in his or her breach of contract claim and recovers damages”). The only discretion the Fifth Circuit permits is discretion to determine the amount of the attorney’s fees award. See id. The availability of a section 38.001 award is not conditioned on a contractual provision for attorney’s fees. See, e.g., Holland v. Wal-Mart Stores Inc., 1 S.W.3d 91, 95 (Tex. 1999) (<HOLDING>); Golden v. Murphy, 611 S.W.2d 914, 915 
 Holding statements: (A) holding award of attorneys fees to party prevailing on contract claim is mandatory under section 38001 if there is proof of the reasonableness of the fees (B) holding that prevailing party to contract dispute may recover attorneys fees either pursuant to contract or pursuant to statute (C) holding that prevailing party was entitled to attorneys fees under an option contract which had expired prior to litigation because the parties were litigating their performance under the terms of the contract (D) holding that the party prevailing on the significant issues in the litigation is the party that should be considered the prevailing party for attorneys fees (E) holding defendant waived request for fees pursuant to contract provision by only generally referring to fees in the answer and not citing the contract

A:
holding award of attorneys fees to party prevailing on contract claim is mandatory under section 38001 if there is proof of the reasonableness of the fees
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