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.

Input: Consider 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

Output: (E)


Input: Consider Input: its delivery and acceptance are in compliance with the applicable laws and rules governing filings.” Artuz v. Bennett, 531 U.S. 4, 8, 121 S.Ct. 361, 148 L.Ed.2d 213 (2000). A properly filed application is “one submitted ac cording to the state’s procedural requirements, such as the rules governing the time and place of filing.” Lovasz v. Vaughn, 134 F.3d 146, 148 (3d Cir.1998). As described above, Petitioner initiated several state postconviction proceedings which, if properly filed, could toll the one-year period of limitation. The first of these was a motion for reduction of sentence filed and denied on October 8, 1996. This motion was pending until November 7, 1996, when the thirty-day period for filing a timely appeal expired. See Swartz v. Meyers, 204 F.3d 417, 422 (3d Cir.2000)(<HOLDING>). The Court finds that the one-year period of 
 Holding statements: (A) holding that for purposes of  2255 motions a federal criminal judgment becomes final when the time for filing a direct appeal expires (B) holding that a postconviction proceeding is pending under  2244d2 until the time to appeal expires (C) holding that time limit for initiating a tax appeal under kansas jurisdictional statute was a limitation  upon the right itself so that when time expires the right to bring such an action is extinguished (D) holding that postconviction proceeding is a civil suit (E) holding that the other collateral review provision of  2244d2 encompasses federal review

Output: (B)


Input: Consider Input: District of Texas which are typical of, and essential to, both parties’ ordinary business operations. In addition, Plaintiff offers evidence that much of the alleged anticompetitive conduct at issue in this case was, and is, directed to and impacts consumers in the Eastern District of Texas. II. LEGAL STANDARDS GOVERNING 1404(a) MOTIONS TO TRANSFER VENUE Section 1404(a) provides, “[f]or the convenience of parties and witnesses, in the interest of justice, a district court may transfer any civil action to any other district or division where it might have been brought.” Under section 1404, the defendant bears the burden of demonstrating to the Court that it should, in its sound discretion, decide to transfer the case. See Peteet v. Dow Chemical Co., 868 F.2d 1428, 1436 (5th Cir.1989) (<HOLDING>); Time, Inc. v. Manning, 366 F.2d 690, 698 (5th 
 Holding statements: (A) holding that the decision to allow attorney fees rests with the trial judge and that decision may only be reversed for an abuse of discretion (B) recognizing that the privilege of being a heard amicus rests solely within the discretion of the court (C) holding that the decision to transfer rests within the sound discretion of the court (D) holding that the decision whether to grant a continuance lies in the sound discretion of the trial court and will not be disturbed absent an abuse of discretion (E) holding that whether dismissal or transfer is appropriate lies within the sound discretion of the district court


Output: (C)