Terms Used In California Codes > Civil Code > Division 3 > Part 2 > Title 1 > Chapter 5 - Consideration

• Adult day health care: means an organized day program of therapeutic, social, and skilled nursing health activities and services provided pursuant to this chapter to elderly persons or adults with disabilities with functional impairments, either physical or mental, for the purpose of restoring or maintaining optimal capacity for self-care. See California Health and Safety Code 1570.7
• adult day health care center: means a licensed facility that provides adult day health care. See California Health and Safety Code 1570.7
• Adult day program: means any community-based facility or program that provides care to persons 18 years of age or older in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of these individuals on less than a 24-hour basis. See California Health and Safety Code 1502
• Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
• Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
• Allegation: something that someone says happened.
• Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
• Ammunition: means one or more loaded cartridges consisting of a primed case, propellant, and with one or more projectiles. See California Health and Safety Code 1568.096
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
• Arrest: Taking physical custody of a person by lawful authority.
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
• Best value: means a procurement process whereby the selected bidder may be selected on the basis of objective criteria for evaluating the qualifications of bidders with the resulting selection representing the best combination of price and qualifications. See California Public Contract Code 20119.1
• Best value: means a procurement process whereby the selected bidder may be selected on the basis of objective criteria for evaluating the qualifications of bidders with the resulting selection representing the best combination of price and qualifications. See California Public Contract Code 20155.1
• Best value contractor: means a properly licensed person, firm, or corporation that submits a bid for and is awarded a best value contract. See California Public Contract Code 20119.1
• Best value contractor: means a properly licensed person, firm, or corporation that submits a bid for, or is awarded, a best value contract. See California Public Contract Code 20155.1
• Best value score: means the resulting score when the school district divides the bidder's price by the bidder's qualification score. See California Public Contract Code 20119.1
• Care and supervision: means the facility assumes responsibility for, or provides or promises to provide in the future, ongoing assistance with activities of daily living without which the resident's physical health, mental health, safety, or welfare would be endangered. See California Health and Safety Code 1569.2
• certified family home: means an individual or family certified by a licensed foster family agency and issued a certificate of approval by that agency as meeting licensing standards, and used exclusively by that foster family agency for placements. See California Health and Safety Code 1506
• Changes: as used in this chapter shall include corrections, alterations, modifications, additions, omissions, increases or decreases. See California Public Contract Code 20446
• Community care facility: means any facility, place, or building that is maintained and operated to provide nonmedical residential care, day treatment, adult daycare, or foster family agency services for children, adults, or children and adults, including, but not limited to, the physically handicapped, mentally impaired, incompetent persons, and abused or neglected children, and includes the following:

  California Health and Safety Code 1502

• Community crisis home: means a facility certified by the State Department of Developmental Services pursuant to Article 8 (commencing with Section 4698) of Chapter 6 of Division 4. See California Health and Safety Code 1502
• Community treatment facility: means any residential facility that provides mental health treatment services to children in a group setting and that has the capacity to provide secure containment. See California Health and Safety Code 1502
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Continuance: Putting off of a hearing ot trial until a later time.
• Conviction: A judgement of guilt against a criminal defendant.
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• County: includes city and county. See California Health and Safety Code 14
• County: means any of the following counties:

  California Public Contract Code 20155.1

• Crisis nursery: means a facility licensed by the department to operate a program pursuant to Section 1516 to provide short-term care and supervision for children under six years of age who are voluntarily placed for temporary care by a parent or legal guardian due to a family crisis or stressful situation. See California Health and Safety Code 1502
• Deed: The legal instrument used to transfer title in real property from one person to another.
• Demonstrated management competency: means the experience, competency, capability, and capacity of the proposed management staffing to complete projects of similar size, scope, or complexity. See California Public Contract Code 20119.1
• Demonstrated management competency: means the experience, competency, capability, and capacity of the proposed management staffing to complete projects of similar size, scope, or complexity. See California Public Contract Code 20155.1
• department: means State Department of Health Services. See California Health and Safety Code 20
• Department: means the State Department of Social Services. See California Health and Safety Code 1569.2
• Dependent: A person dependent for support upon another.
• Director: means "State Director of Health Services. See California Health and Safety Code 21
• Director: means the Director of Social Services. See California Health and Safety Code 1502
• Director: means the State Public Health Officer. See California Health and Safety Code 1570.7
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• Dismissal: The dropping of a case by the judge without further consideration or hearing. ^Source:
• Embezzlement: In most states, embezzlement is defined as theft/larceny of assets (money or property) by a person in a position of trust or responsibility over those assets. Embezzlement typically occurs in the employment and corporate settings. ^{Source: OCC}
• Enhanced behavioral supports home: means a facility certified by the State Department of Developmental Services pursuant to Article 3. See California Health and Safety Code 1502
• Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Facility: means a residential care facility for persons with chronic life-threatening illness licensed by the State Department of Social Services, Community Care Licensing Division. See California Health and Safety Code 1568.096
• Financial condition: means the financial resources needed to perform the contract. See California Public Contract Code 20119.1
• Financial condition: means the financial resources needed to perform the contract. See California Public Contract Code 20155.1
• Firearm: means a device, designed to be used as a weapon, from which is expelled through a barrel, a projectile by the force of an explosion or other form of combustion, including the frame or receiver of the device. See California Health and Safety Code 1568.096
• Foster family agency: means any public agency or private organization, organized and operated on a nonprofit basis, engaged in any of the following:

  California Health and Safety Code 1502

• Foster family home: means any residential facility providing 24-hour care for six or fewer foster children that is owned, leased, or rented and is the residence of the foster parent or parents, including their family, in whose care the foster children have been placed. See California Health and Safety Code 1502
• Fraud: Intentional deception resulting in injury to another.
• governing board of the school district: means the governing board of the Los Angeles Unified School District. See California Public Contract Code 20119.1
• Group home: means a residential facility that provides 24-hour care and supervision to children, delivered at least in part by staff employed by the licensee in a structured environment. See California Health and Safety Code 1502
• Group home for children with special health care needs: means a group home certified by the State Department of Developmental Services pursuant to Article 3. See California Health and Safety Code 1502
• Hearsay: Statements by a witness who did not see or hear the incident in question but heard about it from someone else. Hearsay is usually not admissible as evidence in court.
• Hours of service: means the program hours defined and posted by the adult day health care center for the provision of adult day health care services, pursuant to §. See California Health and Safety Code 1570.7
• Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Labor compliance: means the ability to comply with, and past conformance with, contract and statutory requirements for the payment of wages and qualifications of the workforce. See California Public Contract Code 20119.1
• Labor compliance: means the ability to comply with, and past performance with, contract and statutory requirements for the payment of wages and qualifications of the workforce. See California Public Contract Code 20155.1
• Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
• license: means a basic permit to operate a community care facility. See California Health and Safety Code 1503
• License: means a basic permit to operate a residential care facility for the elderly. See California Health and Safety Code 1569.2
• Lien: A claim against real or personal property in satisfaction of a debt.
• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
• Noncustodial adoption agency: means any licensed entity engaged in the business of providing adoption services, that does all of the following:

  California Health and Safety Code 1502

• Oath: A promise to tell the truth.
• Oral argument: An opportunity for lawyers to summarize their position before the court and also to answer the judges' questions.
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• Person: means any person, firm, association, organization, partnership, business trust, corporation, limited liability company, or company. See California Health and Safety Code 19
• Personal property: All property that is not real property.
• Plans and specifications: means the unit price catalog and the job order contract technical specifications. See California Public Contract Code 20919.21
• Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
• 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.
• Private alternative boarding school: means a group home licensed by the department to operate a program pursuant to Section 1502. See California Health and Safety Code 1502
• Private alternative outdoor program: means a group home licensed by the department to operate a program pursuant to Section 1502. See California Health and Safety Code 1502
• Probable cause: A reasonable ground for belief that the offender violated a specific law.
• Probate: Proving a will
• Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
• Probation officers: Screen applicants for pretrial release and monitor convicted offenders released under court supervision.
• Project: means the specific requirements and work to be accomplished by the job order contractor in connection with an individual job order. See California Public Contract Code 20919.21
• Project labor agreement: means an agreement that meets the requirements of Section 2500. See California Public Contract Code 20919.21
• Proposal: means the job order contractor prepared document quoting those construction tasks listed in the unit price catalog that the job order contractor requires to complete the project scope of work, together with the appropriate quantities of each task. See California Public Contract Code 20919.21
• Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
• Protective supervision: means observing and assisting confused residents, including persons with dementia, to safeguard them against injury. See California Health and Safety Code 1569.2
• Public entity: means any city, charter city, city and county, county, district, public corporation, or political subdivision of the state. See California Public Contract Code 20671
• public project: means :

  California Public Contract Code 20161

• Public projects: means the construction of buildings, structures, or other facilities which are permanently attached to land. See California Public Contract Code 20671
• Qualifications: means financial condition, relevant experience, demonstrated management competency, labor compliance, the safety record of the bidder, and, to the extent relevant, the preceding qualifications as they pertain to all subcontractors proposed to be used by the bidder for designated portions of the work. See California Public Contract Code 20119.1
• Qualifications: means the financial condition, relevant experience, demonstrated management competency, labor compliance, and safety record of the bidder, and, if required by the bidding documents, some or all of the preceding qualifications as they pertain to subcontractors proposed to be used by the bidder for designated portions of the work. See California Public Contract Code 20155.1
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• Recourse: An arrangement in which a bank retains, in form or in substance, any credit risk directly or indirectly associated with an asset it has sold (in accordance with generally accepted accounting principles) that exceeds a pro rata share of the bank's claim on the asset. If a bank has no claim on an asset it has sold, then the retention of any credit risk is recourse. ^{Source: FDIC}
• Relevant experience: means the experience, competency, capability, and capacity to complete projects of similar size, scope, or complexity. See California Public Contract Code 20119.1
• Relevant experience: means the experience, competency, capability, and capacity to complete projects of similar size, scope, or complexity. See California Public Contract Code 20155.1
• Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
• Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
• Residential care facility for the elderly: means a housing arrangement chosen voluntarily by persons 60 years of age or over, or their authorized representative, where varying levels and intensities of care and supervision, protective supervision, or personal care are provided, based upon their varying needs, as determined in order to be admitted and to remain in the facility. See California Health and Safety Code 1569.2
• Residential facility: means any family home, group care facility, or similar facility determined by the department, for 24-hour nonmedical care of persons in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual. See California Health and Safety Code 1502
• Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
• Safety record: shall be deemed "acceptable" if a contractor's experience modification rate for the most recent three-year period is an average of 1. See California Public Contract Code 20119.1
• Safety record: means the prior history concerning the safe performance of construction contracts. See California Public Contract Code 20155.1
• School district: means the Los Angeles Unified School District. See California Public Contract Code 20119.1
• Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
• Short-term residential therapeutic program: means a residential facility operated by a public agency or private organization and licensed by the department pursuant to Section 1562. See California Health and Safety Code 1502
• Small family home: means any residential facility, in the licensee's family residence, that provides 24-hour care for six or fewer foster children who have mental disorders or developmental or physical disabilities and who require special care and supervision as a result of their disabilities. See California Health and Safety Code 1502
• Social rehabilitation facility: means any residential facility that provides social rehabilitation services for no longer than 18 months in a group setting to adults recovering from mental illness who temporarily need assistance, guidance, or counseling. See California Health and Safety Code 1502
• special permit: means a permit issued by the state department authorizing a community care facility to offer specialized services as designated by the director in regulations. See California Health and Safety Code 1504
• Spouse: includes "registered domestic partner" as required by §. See California Health and Safety Code 12.2
• State: means the State of California, unless applied to the different parts of the United States. See California Health and Safety Code 23
• state department: means the State Department of Social Services. See California Health and Safety Code 1502
• state department: means the State Department of Public Health. See California Health and Safety Code 1570.7
• Subcontractor: means any person, firm, or corporation, other than the employees of the job order contractor, who is bonded and general liability insured and who contracts to furnish labor, or labor and materials, at the worksite or in connection with a job order, whether directly or indirectly on behalf of the job order contractor. See California Public Contract Code 20919.21
• Subpoena: A command to a witness to appear and give testimony.
• Summons: Another word for subpoena used by the criminal justice system.
• Testify: Answer questions in court.
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Therapeutic day services facility: means any facility that provides nonmedical care, counseling, educational or vocational support, or social rehabilitation services on less than a 24-hour basis to persons under 18 years of age who would otherwise be placed in foster care or who are returning to families from foster care. See California Health and Safety Code 1502
• Transitional housing placement provider: means an organization licensed by the department pursuant to Section 1559. See California Health and Safety Code 1502
• Transitional shelter care facility: means any group care facility that provides for 24-hour nonmedical care of persons in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual. See California Health and Safety Code 1502
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• Uphold: The decision of an appellate court not to reverse a lower court decision.
• Verdict: The decision of a petit jury or a judge.
• Youth homelessness prevention center: means a group home licensed by the department to operate a program pursuant to Section 1502. See California Health and Safety Code 1502