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:
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
answer:
holding that for a domestic corporation the foreign principal place of business does not count


question:
Welliver was originally entered into by Wellco, Inc. as Welliver’s predecessor. 4 . Ward is a Delaware corporation with its principal place of business located in Bloss-burg, Pennsylvania. 5 . A “turn-key” project is one “in which all owner need do is 'turn the key' in the lock to open the building with nothing remaining to be done and all risks lo be assumed by contractor.” Black's Law Dictionary 1055 (6th ed.1991). 6 . Welliver is located in Elmira, New York. 7 . Ward Excavating is a Pennsylvania corporation with its principal place of business located in Troy, Pennsylvania. 8 . The phrases "peculiar risk” and "special danger” are used interchangeably. Restatement (Second) of Torts § 416 comment a (1965); Ortiz v. Ra-El Dev. Corp., 365 Pa.Su per. 48, 528 A.2d 1355, 1357 n. 2 (1987) (<HOLDING>). 9 . Nowhere in their Brief in Opposition to 
 Holding statements: (A) holding that an agreement which required the submission of an affidavit of payment to subcontractors or lien waivers before payment was made by the general contractor was for the direct benefit of the subcontractors (B) holding corporation that contracted with independent contractor not liable to subcontractors employee plaintiff was unable to establish that peculiar risk or special danger caused injury (C) holding in part that the liability insurance company of the subcontractor which had named the general contractor as an additional insured on the subcontractors policy was liable to reimburse the general contractor for a settlement payment the general contractor had made to the subcontractors employee (D) holding that contract charged primary contractor with a duty of care for all employees on the work site including employees of its subcontractors where contract required primary contractor to comply with applicable state and federal safety statutes and regulations made primary contractor responsible for reviewing safety programs of its subcontractors and primary contractor employed a safety officer to oversee its subcontractors operations (E) holding that bankruptcy trustee for contractor could not avoid prepetition payment of funds from contractor to subcontractors
answer:
holding that an agreement which required the submission of an affidavit of payment to subcontractors or lien waivers before payment was made by the general contractor was for the direct benefit of the subcontractors


question:
or (B) the final order in a proceeding under section 2255. (2) A certificate of appealability may issue under paragraph (1) only if the applicant has made a substantial showing of the denial of a constitutional right. (3) The certificate of appealability under paragraph (1) shall indicate which specific issue or issues satisfy the showing required by paragraph (2). 2 . We decline to address whether a COA that fails to specify the issue or issues for appeal may nevertheless suffice to confer jurisdiction on this Court under 28 U.S.C. § 2253(c), or whether, in certain circumstances, we may address the merits of a petitioner’s claims despite their having been brought to the attention of the Court of Appeals by a defective COA. Cf. Soto v. United States, 185 F.3d 48, 52-53 (2d Cir.1999) 
 Holding statements: (A) holding that under 28 usc  2253c1 certificate of appealability may issue only if the applicant has made a substantial showing of the denial of a constitutional right (B) holding that appellate jurisdiction is limited to the issues contained in the certificate of appealability (C) holding that summary judgment order that does not dispose of all claims between parties does not confer appellate jurisdiction because it is not a final decision under 28 usc  1291 (D) holding that order denying relief under fedrcivp 60b in a habeas setting is the final order in a habeas corpus proceeding subject to the certificate of appealability requirement of 28 usc  2253c1a 2000 (E) holding that a certificate of appealability issued without meeting the substantial showing of the denial of a constitutional right requirement nonetheless suffices to confer appellate jurisdiction quoting 28 usc  2253c2
answer:

holding that under 28 usc  2253c1 certificate of appealability may issue only if the applicant has made a substantial showing of the denial of a constitutional right