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.

Ex Input:
in favor of William Spencer, et al., (Spencer) and setting the penalties for violation of the California False Claims Act (CFCA). Spencer cross-appeals the denial of post-trial motions and refusal to award attorney’s fees. We affirm on all grounds. I BART’s unjust enrichment claim fads for want of a loss. Lectrodryer v. SeoulBank, 77 Cal.App.4th 723, 726, 91 Cal.Rptr.2d 881 (2000) (noting that the elements of unjust enrichment are “receipt of a benefit and unjust retention of the benefit at the expense of another.”). Even assuming that County of San Bernardino v. Walsh, 158 Cal.App.4th 533, 69 Cal.Rptr.3d 848 (2008), recognized an exception to this rule, BART’s claim does not fall into that exception. See Peterson v. Cellico P’ship, 164 Cal.App.4th 1583, 1594, 80 Cal.Rptr.3d 316 (2008) (<HOLDING>). Concrete financial loss is required for 
 Holding statements: (A) holding preemption is appropriate where unjust enrichment claim does not allege that the defendants were enriched by anything other than copyright infringement (B) holding that walsh does not support plaintiffs assertion that they need not allege any actual injury to bring an unjust enrichment claim (C) holding that where plaintiffs filed a complaint for conversion unjust enrichment and injunctive relief they had an adequate remedy at law (D) holding that there is no cause of action in california for unjust enrichment (E) holding that erisa does not permit a plaintiff to assert an independent federal common law cause of action such as unjust enrichment to enforce the terms of an erisa plan thus to the extent plaintiffs third cause of action for unjust enrichment is brought pursuant to a federal common law right it must be dismissed

Ex Output:
holding preemption is appropriate where unjust enrichment claim does not allege that the defendants were enriched by anything other than copyright infringement


Ex Input:
law did not authorize the arresting officer to require Turbyne to take a breath test when the blood test was unavailable. Gillett, 629 P.2d at 619 n. 10. Nor do our decisions in Gillett and Riley construe the statute as allowing the police to compel a different test when extraordinary circumstances prevent administration of the driver-selected test. The good cause exception we established in those cases applies to excuse the judicial sanction of dismissal of the charges when the police are prevented in circumstances beyond their control from administering the driver-selected test. As Shinaut and Dike demonstrate, when a driver selected to take the chemical test not initially selected, he or she may have voluntarily consented to the search of his or her person. Shinaut, 940 P.2d at 384 (<HOLDING>). When the controlling facts are undisputed, as 
 Holding statements: (A) holding that teachers request for four months leave was not a reasonable accommodation (B) holding that error in excluding a police officers report was harmless where the same evidence was presented by another witness (C) holding that a person must request a reasonable accommodation before he has been terminated he cannot wait until he is terminated and then months later  request reinstatement and demand a reasonable accommodation (D) holding that erroneous accommodation of a citizens request by a police officer does not warrant the sanction of excluding evidence (E) holding that the disabled individual bears the initial burden of proposing an accommodation and showing that that accommodation is objectively reasonable and that the defendant was entitled to prevail because the plaintiffs proposed accommodation of remaining on unpaid medical leave until another customer service or receptionist position opened up was not a reasonable accommodation under the ada

Ex Output:
holding that teachers request for four months leave was not a reasonable accommodation


Ex Input:
is inconsistent with asserting a defense of property. Section 9.41 of the Penal Code allows [a] person unlawfully dispossessed of ... tangible, moveable property by another [to use] force against the other when and to the degree the actor reasonably believes the force is immediately necessary to ... recover the property if the actor uses the force immediately or in fresh pursuit after the dispossession and ... reasonably believes the other had no claim of light when he dispossessed the actor[.] Tex. Penal Code § 9.41(b)(1). Defense of property, therefore, involves an intentional use of force to recover one’s property, whereas counsel’s argument that appellant accidentally pushed his girlfriend centers on a lack of intent. See Ex parte Nailor, 149 S.W.3d 125, 133-34 (Tex.Crim.App.2004) (<HOLDING>). Appellant has not established that his trial 
 Holding statements: (A) holding that it was not plain error for the court not to give a self defense jury instruction where the defendant did not request one (B) holding that counsel was not deficient for failing to make an objection that lacked merit (C) holding that counsel was not deficient in failing to present a meritless argument (D) holding trial counsel was not deficient in failing to request instruction on self defense when his strategy was to argue the complainant was accidentally injured (E) holding that counsels failure to object or request a limiting instruction for evidence of defendants incarceration was sound trial strategy

Ex Output:

holding that it was not plain error for the court not to give a self defense jury instruction where the defendant did not request one