Read the following excerpt from a US court opinion:
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(9th Cir.2004) (affirming district court’s ruling that arbitration agreement was valid and enforceable even when plaintiffs contended that they never received or saw a copy of the incorporated arbitration agreement because the arbitration agreement was easily available to the plaintiffs). According to Mr. Calderon, it is standard policy and procedure for employees of the Costa Rican Hertz licensee to give the folder jacket to the customer at the time a vehicle is rented. Calderon Declaration, ECF No. 31 at 2, ¶ 6. Thus, even if Mr. Martin did not receive it, it appears that the folder jacket was easily available to him, and he does not declare facts to suggest otherwise. Courts have enforced incorporated arbitration agreements in similar situations. See Koffler, 2011 WL 1086035, at *4 ; Wolschlager, 111 Cal.App.4th at 789-91, 4
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What is the most suitable continuation to the opinion? Your options are:
A. holding that the federal arbitration act requires piecemeal resolution when necessary to give effect to an arbitration agreement and mandates enforcement of an arbitration agreement notwithstanding the presence of other persons who are parties to the underlying dispute but not to the arbitration agreement emphasis added
B. holding that trial court properly denied motion to compel arbitration of claims for fraud and unfair and deceptive trade practices because arbitration clause in agreement only applied to indemnification claims and there were no other arbitration clauses in agreement
C. holding under california law that a set of general terms and conditions that included an arbitration agreement and that were not provided to plaintiff but were available upon request were properly incorporated by reference into a purchase agreement
D. holding that limitation of liability provisions in arbitration agreement included in nursing homes admissions documents violated public policy and were not severable because they constituted financial heart of arbitration agreement
E. holding that an arbitration agreement is separable from the underlying agreement
Reply with [A, B, C, D, E] only.