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.
--------
Question: defendant’s activities fall outside the FDCPA’s general provisions); Overton v. Foutty & Foutty, LLP, No. 1:07-cv0274-DFHTAB, 2007 WL 2413026, at *4 (S.D.Ind. Aug. 21, 2007) (recognizing majority position that party whose activities are limited to enforcement of security interests is not subject to all FDCPA requirements, and stating, ”[i]f a person invokes judicial remedies only to enforce the security interest in property, then the effort is not subject to the FDCPA (other than § 1692f(6) and § 1692i(a))[,] [b]ut if the person is also seeking additional relief, such as a personal judgment against the borrower, then the FDCPA applies.”) (collecting cases); Chomilo v. Shapiro, Nordmeyer & Zielke, LLP, Civ. No. 06-3103 (RHK/AJB), 2007 WL 2695795, at *6 (D.Minn. Sept. 12, 2007) (<HOLDING>); Acosta v. Campbell, No. 6:04CV761 ORL28DAB, 
 Holding statements: (A) holding that law firm executing nonjudicial foreclosure pro ceeding was enforcing a security interest rather than collecting a debt and hence fell outside the ambit of the fdcpa except for the provisions of section 1692f6 (B) recognizing distinction between general debt collection and enforcement of a security interest and observing that by the plain language of  1692a6   a person whose business has the principal purpose of enforcing security interests but who does not otherwise satisfy the definition of a debt collector is subject only to  1692f6 (C) holding that a debt collectors filing of a lawsuit on a debt that appears to be timebarred  is an unfair and unconscionable means of collecting the debt (D) holding that the defendants actions in filing judicial foreclosure proceeding against mortgagor amounted to debt collection activity under the fdcpa and distinguishing decisions involving pursuit of nonjudicial foreclosure proceedings under a deed of trust from those in which a defendant has pursued judicial foreclosure proceedings which included seeking judgment on a note  by filing a lawsuit in state court (E) holding that back rent is debt under the fdcpa

Answer: (A)


Question: Raye Ellen Stiles appeals pro se from the district court’s summary judgment in her action alleging, among other claims, housing discrimination. We have jurisdiction under 28 U.S.C. § 1291. We review de novo and may affirm the district court on any ground supported by the record. Crowley v. Nevada, 678 F.3d 730, 733-34 (9th Cir.2012). We affirm. Summary judgment on Stiles’ claims for intentional infliction of emotional distress, aggravation of preexisting conditions, and public humiliation was proper because she already litigated these claims in Arizona state court, and, thus, res judicata precludes her from bringing such claims in federal court. See Sunkist Growers v. Fisher, 104 F.3d 280, 283-84 (9th Cir.1997) (<HOLDING>). Summary judgment on Stiles’ federal claims 
 Holding statements: (A) holding that a person has standing to bring suit under the civil rights act if she or he can show that she or he was punished for trying to vindicate the rights of minorities (B) holding that plaintiff had standing to bring a rico conspiracy claim despite his inability to bring a substantive rico claim (C) holding that while parents may not bring a title ix claim as individuals they may bring such claim on behalf of a deceased child (D) holding that under arizona law a litigant may not bring a claim identical to one she has previously litigated (E) holding that plaintiffs may bring a section 1983 claim for damages to vindicate their rights under idea

Answer: (D)


Question: for postconviction relief actions. At the time Harrington filed the present action, this provision required that PCR applications “be filed within three years from the date the conviction or decision is final or, in the event of an appeal, from the date the writ of proceden-do is issued.” Iowa Code § 822.3. This statute was enacted in 1984, several years after Harrington’s conviction and appeal became final. See 1984 Iowa Acts ch. 1193, § 1 (codified at Iowa Code section 663A.3 (1985)). In Brewer v. Iowa District Court, 395 N.W.2d 841 (Iowa 1986), we held “that all potential postconviction applicants whose convictions became final prior to July 1, 1984, must file their applications' for postconviction relief on or before June 30, 1987, or be barred from relief” 395 N.W.2d at 844 (<HOLDING>). Thus,- Harrington’s present action is time 
 Holding statements: (A) holding that coram nobis was abolished by pcr statute (B) holding that postjudgment application for intervention was timely (C) holding that notice of appeal was not effectively taken where appeal was filed simultaneously with timely motion for reconsideration because when timely motion for reconsideration is filed a notice of appeal filed prior to disposition of the motion to reconsider has no effect (D) holding that a california habeas petition is timely if filed within a reasonable time (E) holding harringtons first pcr application was timely filed

Answer:
(E)