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.

Ex Input:
of Liability Provisions SBVS argues that Plaintiffs are not entitled to lost rent or diminution in value damages because both of the Agreements contain provisions barring the award of consequential damages. The Court concludes that the enforceability of these provisions turns on disputed facts and, therefore, that summary judgment on this issue is improper. Generally, provisions limiting liability in construction contracts are enforceable under California law so long as the parties negotiated and expressly agreed to the limitations. See Cal. Civ.Code § 2782.5. However, such a provision is unenforceable if it is unconscionable or otherwise contrary to public policy. Markborough California, Inc. v. The Superior Court of Riverside County, 227 Cal.App.3d 705, 715, 277 Cal.Rptr. 919 (1991) (<HOLDING>). Under § 1668 of the California Civil Code, 
 Holding statements: (A) holding that plaintiffs who had been served and received responses to interrogatories on personal jurisdiction had had such a fair opportunity (B) holding that a plaintiff had no injury in fact and consequently no standing when it had no enforceable contract right against the defendant (C) holding contract not unconscionable where parties were of equal bargaining power plaintiff had opportunity to have an attorney review the contract the contract was clear and easily read the plaintiff had been a party to similar contracts in the past and was under no financial pressure to sign the con tract (D) holding that the plaintiff had failed to establish procedural unconscionability since he had a reasonable opportunity to consider the agreement and the arbitration clause was clearly set forth in the contract (E) holding that limitation of liability clause in construction contract that is not unconscionable or in violation of public policy is valid so long as parties had a fair opportunity to accept reject or modify limitation and affirming summary judgment on basis that plaintiff had presented no evidence that it had had no such opportunity

Ex Output:
(E)


Ex Input:
judge is provided for in Ind. P-C.R. 1, § 4(b), it is not automatic as Barclay asserts. Instead, “the rule requires the judge to examine the affidavit, treat the historical facts recited in the affidavit as true, and determine whether these facts support a rational inference of bias or prejudice.” Jackson v. State, 643 N.E.2d 905, 907 (Ind.Ct.App.1994), trans. denied (citing State ex rel. Whitehead v. Madison County Circuit Court, 626 N.E.2d 802, 803 (Ind.1993)). Barclay’s affidavit presents the fact that the trial court judge accepted his guilty plea without an adequate factual basis as his evidence of bias. Even taking this assertion as true, it does not support a rational inference of bias or prejudice. See Smith v. State, 613 N.E.2d 412, 414 (Ind.1993), reh’g denied, cert, denied (<HOLDING>); Jackson, 643 N.E.2d at 907 (holding that the 
 Holding statements: (A) holding that the fact that a judge had ruled against the defendant is not a basis for finding the judge prejudiced (B) holding that where appellant moved to recuse trial judge from deciding the motion for new trial the judge of the administrative district was required to designate a judge to hear the recusal motion (C) holding that the fact that the judge received adverse publicity for granting postconviction relief in another case did not require the judge to recuse herself (D) holding that trial judge did not err in refusing to transfer to another judge defendants motion for substitution of judge for cause where defendants motion was not made in good faith (E) holding that counsel was not ineffective for not filing a motion to recuse the judge who presided at trial when the judge had also prosecuted a prior case that was used to enhance the current case

Ex Output:
(C)


Ex Input:
with the general contractor to provide materials and labor. Decina, 258 Mich App at 422. 25 Id. 26 Id. at 423. Although the subcontractors did not contract with the homeowners directly, they were nevertheless at least initially entitled to a construction lien under the CLA. See MCL 570.1107(1) (“Each.. . subcontractor . .. who provides an improvement to real property has a construction lien upon the interest of the owner or lessee who contracted for the improvement to real property .. ..”). 27 H A Smith Lumber & Hardware Co v Decina (On Remand), 265 Mich App 380, 382; 695 NW2d 347 (2005), rev’d 480 Mich 987 (2007). 28 Id. 29 Id. at 384-385. 30 Decina, 480 Mich at 988. 31 id. 32 Decina, 258 Mich App at 424, 431. 33 See MCL 570.1107(1) and (6); see also Vugterveen, 454 Mich at 129 (<HOLDING>). 34 Decina, 480 Mich at 988. 36 MCL 
 Holding statements: (A) recognizing that mcl 57011076 provides a real property owner with a defense to a claim of lien if the owner can show that the sum of payments made pursuant to the specific contract plus the claim of lien exceed the price of the contract (B) holding that the lien bond releases the property from the lien but the lien is then secured by the bond (C) holding that under nebraskas physicians lien statute a physicians lien could not exceed the amount the health care provider agreed to accept for the services rendered to a patient even if the usual and customary charge for such services is greater than that sum because the statute extends such lien only to the amount due or debt of the patient to the hospital (D) holding that the current property owner may not assert a public nuisance claim against the former owner (E) holding a lien is a claim against property  here a surety bond and breach of contract is a claim against a person thus the lien proceeding did not dispose of the breach of contract action

Ex Output:

(A)