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.

Ex Input:
in favor of William Spencer, et al., (Spencer) and setting the penalties for violation of the California False Claims Act (CFCA). Spencer cross-appeals the denial of post-trial motions and refusal to award attorney's fees. We affirm on all grounds. I BART's unjust enrichment claim fads for want of a loss. Lectrodryer v. SeoulBank, 77 Cal.App.4th 723, 726, 91 Cal.Rptr.2d 881 (2000) (noting that the elements of unjust enrichment are "receipt of a benefit and unjust retention of the benefit at the expense of another."). Even assuming that County of San Bernardino v. Walsh, 158 Cal.App.4th 533, 69 Cal.Rptr.3d 848 (2008), recognized an exception to this rule, BART's claim does not fall into that exception. See Peterson v. Cellico P'ship, 164 Cal.App.4th 1583, 1594, 80 Cal.Rptr.3d 316 (2008) (<HOLDING>). Concrete financial loss is required for
Holding statements: (A) holding preemption is appropriate where unjust enrichment claim does not allege that the defendants were enriched by anything other than copyright infringement (B) holding that walsh does not support plaintiffs assertion that they need not allege any actual injury to bring an unjust enrichment claim (C) holding that where plaintiffs filed a complaint for conversion unjust enrichment and injunctive relief they had an adequate remedy at law (D) holding that there is no cause of action in california for unjust enrichment (E) holding that erisa does not permit a plaintiff to assert an independent federal common law cause of action such as unjust enrichment to enforce the terms of an erisa plan thus to the extent plaintiffs third cause of action for unjust enrichment is brought pursuant to a federal common law right it must be dismissed

Ex Output:
holding preemption is appropriate where unjust enrichment claim does not allege that the defendants were enriched by anything other than copyright infringement

Ex Input:
If a statement does not contain any expressly exculpatory material, the Government need not produce that statement to the defense. To hold otherwise would impose an insuperable burden on the Government to determine what facially non-exculpatory evidence might possibly be favorable to the accused by inferential reasoning. We are confident that the Supreme Court did not intend the Brady holding to sweep so broadly. United States v. Comosona, 848 F.2d 1110, 1115 (10th Cir.1988); see also Harris v. Kuba, 486 F.3d 1010, 1016 (7th Cir.2007) {"Brady does not require that police officers or prosecutors explore multiple potential inferences to discern whether evidence that is not favorable to a defendant could become favorable."); United States v. Marrero, 904 F.2d 251, 261 (5th Cir.1990) (<HOLDING>). The Court finds that just such inferential
Holding statements: (A) holding that the presentation of a new theory does not constitute the presentation of a new issue on which a jury trial should be granted as of right under rule 38b (B) holding that there is no constitutional duty to do a better investigation and that a decision not to conduct a more thorough investigation does not invade an accuseds rights (C) holding that the burden is on the plaintiff (D) holding that the burden is upon the state under the applicable federal rules of evidence (E) holding that brady does not place any burden upon the government to conduct a defendants investigation or assist in the presentation of the defenses case

Ex Output:
holding that the presentation of a new theory does not constitute the presentation of a new issue on which a jury trial should be granted as of right under rule 38b

Ex Input:
2011, the day after the 2011 amendments went into effect. See Act of June 17, 2011, 82nd Leg., R.S., ch. 690, 1, 2011 Tex. Gen. Laws 1651, 1651-1653, 1655 (current version at Tex.Code Crim. Proc. Ann. art. 55.01(a) (West Supp 2012)). In this opinion, we cite to Article 55.01(a) as it existed prior to September 1, 2011. 5 . Article 55.01(a)(2)(A) provides that the indictment was dismissed or quashed because of mistake, false information, or other similar reasoning indicating absence of probable cause at the time of the dismissal to believe the person committed the offense or because it was void. Tex.Code Crim. Proc. Ann. art. 55.01(a)(2)(A). 6 . While DPS is the sole appealing agency, the relief granted is not limited to that agency. See Ex Parte Elliot, 815 S.W.2d 251, 251 (Tex.1991)
Holding statements: (A) holding that the trial court must examine the entire course of criminal conduct in determining possession (B) holding that possession of a pistol in public requires knowing possession (C) holding that the reversal of a trial courts expunction order must encompass all persons and agencies in possession of relevant criminal records (D) holding reversal warranted where a permissive inference instruction on possession of a controlled substance contributed to the cumulative prejudicial effect of the errors in defendants trial (E) recognizing innocent possession defense to a charge of criminal weapons possession

Ex Output:
holding that the trial court must examine the entire course of criminal conduct in determining possession