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.

terms, “pending” refers to the status of an action before a final decision on the merits. Beetham v. Georgia-Pacific, 87 Or App 592, 743 P2d 755 (1987); see also Webster’s Third New Int’l Dictionary, 1669 (unabridged ed 1993) (pending means “not yet decided”). Although that meaning is useful in determining whether an action remains pending, it does not fully resolve the problem before us, which is to determine when an action becomes pending. The solution to that problem, however, is readily apparent from relevant contextual sources. ORCP 3 provides that an action is commenced by the filing of a complaint rather than by service of summons. An action becomes pending when it is commenced. See Fremont Indemnity Co. v. Corbett, 66 Or App 668, 672, 675 P2d 1097, rev den 297 Or 340 (1984) (<HOLDING>). Therefore, after a complaint is filed, an 
 Holding statements: (A) holding that a complaint which will not support a claim against the specific property at issue cannot provide a basis for tying it up by a filing of notice of lis pendens (B) holding that the relevant time of inquiry is the date of the filing of the complaint (C) holding that under orcp 3 lis pendens attaches upon the filing of a complaint because the action is pending (D) holding that action of filing a complaint and notice of lis pendens based on a contract without simultaneously requesting a stay and an order compelling arbitration waives that partys contractual right to arbitrate (E) holding that filing of an administrative complaint did not meet the requirement that the employee seek counseling prior to filing
(C)

F.2d 448, 451 (1st Cir.1975). Anderson’s condition at the time of the statement was described as excited, nervous and scared, and he appeared as if “he did not know what to do.” Moreover, his statement directly related to an exciting event, the shooting. Thus, based on the evidence and circumstances known at the time of its ruling, the trial court could have reasonably concluded that the exciting event witnessed by Anderson was the shooting itself. Accordingly, to the extent the trial court based its ruling on the fact that Anderson personally perceived the shooting, we find no abuse of discretion. We further note that the startling occurrence that triggers the excited utterance need not necessarily be the crime itself. See Salazar v. State, 38 S.W.3d 141, 154-55 (Tex.Crim.App.2001) (<HOLDING>); Couchman v. State, 3 S.W.3d 155, 159 
 Holding statements: (A) holding trial court could have found startling event or condition was declarants sustaining an injury or the pain she later experienced (B) holding that a logical nexus between the injury sued upon and an unre lated prior condition satisfied the rondinelli test requiring only the possibility that the plaintiffs claimed damages in whole or in part resulted from a condition or event unrelated to the defendants negligence (C) holding that a lower court properly admitted a fouryear olds hearsay statement although she made it 1215 hours after the startling event (D) holding that statement must be product of a startling event (E) holding a condition precedent is an act or event that must be performed or occur after the contract has been formed before the contract becomes effective
(A)

staying the processing of claims not yet at the Board, which means there is no party before us with any standing to oppose the Secretary’s request — there is no case or controversy with regard to claims potentially affected by Haas but not yet before the Board. Assuming arguendo that the Secretary does not have the authority to stay claims not yet on appeal to the Board, and that is a big assumption, see Ribaudo, 20 Vet.App. at 554 n. 2 (stating that the Court would render clear in its decision the scope of the Secretary’s authority to stay processing of claims, and then holding in that decision only that, absent regulation, the Secretary did not have authority to stay processing of claims at the Board as doing so contravened section 7107); Tobler v. Derwinski, 2 Vet.App. 8,12 (1991) (<HOLDING>) (quoting Ithaca Coll. v. NLRB, 623 F.2d 224, 
 Holding statements: (A) holding that the district court was authorized to remand the proceedings to the board where the board failed to make required findings (B) holding that such a stay is appropriate where in the absence of a stay the continuation of the proceedings in the trial court disrupts the arbitration proceedings and can render them ineffective (C) holding that an appeal to an agency review board would be futile because the board lacked authority to invalidate ordinance as requested (D) holding that it would be reasonable for the board to stay its proceedings in a case that arguably falls within the precedent of another on appeal (E) holding that the point on appeal and the objection in the trial court must be the same in order for it to be preserved for appeal

(D)