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]: (emphasis added) (quoting Havner, 953 S.W.2d at 720). 27 . Faust, 337 S.W.3d at 335 (emphasis added). 28 . Burroughs Wellcome Co. v. Crye, 907 S.W.2d 497, 500 (Tex.1995). 29 . See Crump, 330 S.W.3d at 218. 30 . Synar v. Union Pac. R. Co., No. 12—99— 00428-CV, 2001 WL 1263573, at *6 (Tex.App.-Tyler Oct. 17, 2001, pet. denied) (not designated for publication). 31 . See id. 32 . See Tex.R. Evid. 803(18); Robinson, 923 S.W.2d at 556. 33 . C 545 (Tex.App.-Fort Worth, pet. denied) (op. on reh'g). 55 . See id. 56 . See Tex.R. Evid. 401; Nichols, 379 S.W.3d at 387-89. 57 . See Sw. Country Enters., Inc., 991 S.W.2d at 493-94; see also Tex.R.App. P. 33.1(a)(1)(B), 33.2; Tex.R. Evid. 103(a)(2). 58 . See Barraza v. Eureka Co., Inc., 25 S.W.3d 225, 232 (Tex.App.-El Paso 2000, pet. denied) (<HOLDING>). 59 . See Charter Oak Fire Ins. v. Perez, 446 
 Holding statements: (A) holding that the plaintiff had no legitimate expectation of privacy at a meeting with coworkers in which her termination was discussed (B) holding that threatening employee to mind her own business investigating her videotaping her without her permission and forcing her to take polygraph could not be considered adverse employment actions because they had no effect on conditions of employment (C) holding that a plaintiff who pled in her complaint that her law firm actively misled her in support of her request for application of the discovery rule had sufficiently pled the application of the doctrine (D) holding that testimony of plaintiff and her coworkers regarding cause of her injury was pure conjecture (E) holding that plaintiffs allegations that her supervisor was a lesbian and that she made improper remarks to her including telling the plaintiff to invite her to lunch and making comments about plaintiffs coworkers private lives and sexual preferences   and on one occasion approaching the plaintiff from behind hugging her and whispering in her ear a request for a cookie from another table did not suffice to establish a hostile working environment
[A]: holding that the plaintiff had no legitimate expectation of privacy at a meeting with coworkers in which her termination was discussed


[Q]: improperly removed the action as there is no diversity of citizenship between the parties and the amount in controversy fails to meet the $75,000 threshold. (Dkt. No. 5.) Plaintiff seeks relief in the form of “compensatory, special and general damages in an amount according to proof at trial, but not less than $1,000,000.” (Dkt. No., Ex. A.) Plaintiff further states that the amount of the Note on the property in question is $440,000 (Id.) Accordingly, the Court finds that the amount in controversy requirement is satisfied. The question before the Court is whether, for the purposes of diversity jurisdiction, Wells Fargo is also a citizen of California. See, e.g., Uriarte v. Wells Fargo Bank, N.A., 2011 U.S. Dist. LEXIS 127497 at *9, 2011 WL 5295285 at *2-3 (S.D.Cal. Nov. 3, 2011) (<HOLDING>). But see Flores v. Wells Fargo Bank, N.A. 2012 
 Holding statements: (A) holding that for a domestic corporation the foreign principal place of business does not count (B) holding that the location of a corporations principal place of business for diversity purposes is the state where the corporation has its headquarters or nerve center (C) holding that if a domestic corporations principal place of business is abroad the foreign principal place of business cannot be considered for diversity jurisdiction purposes (D) holding that wells fargo is also a citizen of california where it has its principal place of business (E) holding that for diversity purposes a national bank is  a citizen of  the state of its principal place of business and the state listed in its organizational certificate
[A]: holding that for a domestic corporation the foreign principal place of business does not count


[Q]: among the nation’s veterans is not uncommon. VA statistics show that, as of January 2011, “there were 67,495 homeless Veterans[, a]nd an estimated 144,842 Veterans spent at least one night in an emergency shelter or transitional housing program in a recent year.” The Secretary asserts that it is due to the pervasive nature of the problem that he concedes that homelessness may be an extraordinary circumstance warranting equitable tolling. See Secretary’s Response at 2. Despite our recognition of the problem of homelessness among veterans, we are not bound by the Secretary’s concession when considering whether Ms. Checo’s homelessness is an extraordinary circumstance. See Bove, 25 Vet.App. at 140-41 (<HOLDING>); see also McCreary, 19 Vet.App. at 332 
 Holding statements: (A) holding that the 120day judicial appeal period is not subject to waiver or forfeiture by the secretary (B) holding that issue of whether the 120day judicialappeal period prescribed by 38 usc  7266a for seeking judicial review of a board decision is subject to equitable tolling is a legal question (C) holding that a failure to file an appeal is within the scope of the waiver because the failure does not undermine the validity of the plea or waiver (D) holding that the right to support is not subject to waiver by either parent (E) holding that due process right to present a defense is subject to forfeiture if not properly asserted in the trial court
[A]:
holding that issue of whether the 120day judicialappeal period prescribed by 38 usc  7266a for seeking judicial review of a board decision is subject to equitable tolling is a legal question