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10. Plaintiff filed an action against Defendant in federal district court in California. Believing that the court lacked diversity of citizenship, Defendant filed a pre-answer

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10. Plaintiff filed an action against Defendant in federal district court in California. Believing that the court lacked diversity of citizenship, Defendant filed a pre-answer motion to dismiss for lack of subject matter jurisdiction pursuant to F.R.C.P. 12(b)(1). Defendant then filed an answer in which Defendant included a number of defenses, including a challenge that the court lacked personal jurisdiction over Defendant and that the complaint failed to state a claim for relief. Plaintiff countered that Defendant waived the personal jurisdiction and failure to state a claim for relief defenses. How should the court rule? A. Both have been waived because Defendant did not make a special appearance. B. Both have been waived because they were not raised by motion. C. The personal jurisdiction defense was waived but not the failure to state a claim defense. D. The failure to state a claim for relief defense has been waived, but not the personal jurisdiction defense because a defendant does not have to make a special appearance in federal court

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