With no explanation, chose the best option from "A", "B", "C" or "D". to maintain the action. The elements of replevin are: (1) the goods in question have a value greater than twenty dollars; (2) the goods are unlawfully taken or detained; and (3) the owner or person entitled to possession is deprived of the goods. Mass.Gen.L. ch. 247, § 7. Evergreen alleges that the value of the scallops is approximately $1,200,00.00. (Compl. Count III, ¶ 29, p. 10.) Evergreen has adequately pled that the Banks are currently detaining the scallops unlawfully. Evergreen alleges that the scallops are now located at the Gloucester Corporation warehouse and that the Banks control both the warehouse and the contents therein. (Compl. Count II at 1116.) This court draws the reasonable inference that defendant Banks are currently detaining the scallops. Gooley, 851 F.2d at 515 (<HOLDING>). Evergreen further alleges that because the

A: holding that under the totality of the circumstances the facts provided sufficient support to defeat a motion to dismiss despite being broad allegations
B: holding that plaintiffs allegations of abuse did not amount to the allegations of torture required by  1605a7 to survive a motion to dismiss
C: recognizing that the allegations of the complaint must be accepted as true on a threshold motion to dismiss
D: recognizing inferential factual allegations to defeat a motion to dismiss
D.