instruction:
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.
question:
to landslide, even though earth movement was the most immediate cause). We therefore conclude that this is a case of multiple causation. B. We must now determine whether the deterioration or the fungicide manufacturers’ failure to warn is the “proximate efficient cause” of the damage to Berry’s irrigation pipes. In Sabella, the California Supreme Court defined “proximate efficient cause” both as “the one that sets others in motion” and as “the predominating or moving efficient cause.” Sabella, 27 Cal.Rptr. at 695, 377 P.2d at 895; see Garvey, 257 Cal.Rptr. at 296, 770 P.2d at 708 (“Sabella defined ‘efficient proximate cause’ alternatively as the ‘one that sets others in motion’ and as ‘the predominating or moving efficient cause.’”) (citations omitted); Howell, 267 Cal.Rptr. at 716 (<HOLDING>); Brian Chuchua’s Jeep, 13 Cal.Rptr.2d at 445 
 Holding statements: (A) recognizing the existence of purely jurisdictional elements (B) recognizing existence of two tests (C) recognizing first two exceptions (D) recognizing that the existence of an agency relationship is ordinarily a question of fact (E) recognizing the existence of the special relationship
answer:
recognizing the existence of purely jurisdictional elements


question:
Privileges and Immunities Clause. The final interest advanced by Defendants to justify Section 470 is the availability of the remedy of attachment against nonresident attorneys. See Def. Mem. Supp. S.J. at 7 (citing Matter of Tang, 39 A.D.2d 357, 333 N.Y.S.2d 964 (App.Div.1972); Matter of Fordan, 5 Misc.2d 372, 158 N.Y.S.2d 228 (Surrogates Ct.N.Y.Co.1956)). The remedy of attachment is a disciplinary measure involving a seizure on a defendant’s property in order to secure the enforcement of a money judgment. See N.Y. C.P.L.R. § 6201 (McKinney 2011). Under Section 470’s current construction, however, an attorney need only maintain an “of counsel” relationship with an in-state office to satisfy the office requirement. Austria v. Shaw, 143 Misc.2d 970, 542 N.Y.S.2d 505 (N.Y.Sup.Ct.1989) (<HOLDING>). Based on this standard, the remedy of 
 Holding statements: (A) holding that an employee had a legitimate expectation of privacy in his office even though the papers seized from the office were not the property of the employee (B) recognizing that a prosecutors office is an entity and that information in the possession of one attorney in the office must be attributed to the office as a whole (C) holding that the district where the defendant attorneys office was located was the proper venue because the defendants omissions related to their failure to communicate from their office in savannah the details of the ongoing case (D) holding that when a judicial office is created by legislative act or municipal ordinance  the office is regarded as a de facto office until the act or ordinance is declared invalid (E) holding that an outofstate attorney paying rent for a desk in an attorneys instate office had satisfied the office requirement
answer:
holding that an employee had a legitimate expectation of privacy in his office even though the papers seized from the office were not the property of the employee


question:
language, by its express terms, releases only the Club and the Designer. It does not release the Manufacturer either by name or subject matter. 3. Pre-versus-Post-injury Releases In a different line of argument, appellees argue a release mentioning general subject matter is enough to release any and all claims even marginally related to that subject matter. Appellees contend that because the clause releases liability “from injuries or damages arriving [sic] out of or connected with [Sydlik’s] attendance” it necessarily includes any and all claims resulting from an injury connected with Sydlik’s attendance at the gym — in essence all of Sydlik’s claims in this case. As support, appellees cite Memorial Medical Center of East Texas v. Keszler, 943 S.W.2d 433, 435 (Tex.1997) (per curiam) (<HOLDING>). Appellees fail to address two problems with 
 Holding statements: (A) holding that inclusion of a general release was merely a suggestion of how to terminate the lawsuit and that acceptance was not qualified on use of the specific release and party was willing to discuss the terms of a release (B) holding that a general release of all claims did not operate by its terms to bar prospective antitrust claims nor could it in view of public policy (C) holding that a release covering all claims relating to keszlers relationship with the hospital was enough to release claims arising out of exposure to hazardous materi als (D) holding that a release between two parties cannot bind a thirdparty who was a stranger to the release (E) holding that a release of unknown claims has no effect in the absence of evidence apart from the words of the release
answer:

holding that inclusion of a general release was merely a suggestion of how to terminate the lawsuit and that acceptance was not qualified on use of the specific release and party was willing to discuss the terms of a release