Read the following excerpt from a US court opinion:
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by ERISA (MTD at 24-25); again, for the reasons given in the preceding section, the Court rejects that contention. The elements of a DTPA claim are (1) the plaintiff is a consumer; (2) the defendant committed a false, misleading, or deceptive act; and (3) the act caused the consumer’s damages. Tex. Bus. & Com.Code Ann. §§ 17.45(4), 17.50(a); see also Brown & Brown of Tex., Inc. v. Omni Metals, Inc., 317 S.W.3d 361, 387 (Tex.App.2010) (“Under the DTPA, a consumer may bring an action when he has relied to his detriment on a false or misleading representation, and the reliance is a producing cause of damages.”). The question of consumer status under the DTPA is question of law for the court to decide. Lukasik v. San Antonio Blue Haven Pools, Inc., 21 S.W.3d 394, 40 , (5th Cir.1992) . Because Plaintiff was an intended third-party
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What is the most suitable continuation to the opinion? Your options are:
A. holding where condemnation of a temporary easement in an airport parking garage was primarily designed for economic benefit to gain control of the garage at a discounted price the taking was not for public use and therefore was an unconstitutional taking
B. holding that defendants adult son who was living on defendants property had equal control over use of premises and had authority to consent to a search
C. holding that son of woman who bought garage door opener was a consumer because primary purpose of the purchase and installation into home was to benefit son
D. holding that an attached garage is part of the home for payton purposes even when the garage door is open
E. holding that son had no homestead interest in property even though he resided upon it with his fathers consent because son had neither title nor a present right to possess land nor right to demand partition from father who was his cotenant
Reply with [A, B, C, D, E] only.