Terms Used In California Codes > Business and Professions Code > Division 4 > Part 1 > Chapter 6.5 - Real Estate Recovery Program

• Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
• Complaint: means the facts of the underlying transaction upon which the criminal restitution order is based. See California Business and Professions Code 10471
• conscientiously and in good faith: means that no party potentially liable to the claimant in the underlying transaction was intentionally and without good cause omitted from the complaint, that no party named in the complaint who otherwise reasonably appeared capable of responding in damages was dismissed from the complaint intentionally and without good cause, and that the claimant employed no other procedural means contrary to the diligent prosecution of the complaint in order to seek to qualify for the Consumer Recovery Account. See California Business and Professions Code 10471
• Judgment: means the criminal restitution order. See California Business and Professions Code 10471
• Judgment debtor: means any defendant who is the subject of the criminal restitution order. See California Business and Professions Code 10471
• Lawsuit: A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty, resulting in harm to the plaintiff.
• listing: as used in this part includes, but is not limited to:

  California Business and Professions Code 10027

• Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
• Probate: Proving a will
• Recovery Account: shall be deemed to refer to the Consumer Recovery Account. See California Business and Professions Code 10450.6
• Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
• Salesperson: when used without modification, means a person licensed as a salesperson under any of the provisions of this part. See California Business and Professions Code 10013
• Spouse: includes "registered domestic partner" as required by §. See California Business and Professions Code 14.2
• Subdivision: means a subdivision of the section in which that term occurs unless some other section is expressly mentioned. See California Food and Agricultural Code 49
• Summons: Another word for subpoena used by the criminal justice system.
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. ^{Source: OCC}