Chapter 1 Definitions
Chapter 2 General Rules of Liability
Chapter 3 Reimbursement
Chapter 4 Transitional Provisions
Chapter 5 Liability for Death or Injury

Terms Used In California Codes > Family Code > Division 4 > Part 3 - LIABILITY OF MARITAL PROPERTY

  • 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.
  • 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.
  • assessed value: means 25 percent of full value to, and including, the 1980-81 fiscal year, and 100 percent of full value for the 1981-82 fiscal year and fiscal years thereafter. See California Government Code 25
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Attendance: means the number of children present at a preschool facility. See California Education Code 8205
  • Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
  • board: means the California Department of Tax and Fee Administration. See California Revenue and Taxation Code 20
  • Bond: means any bonded indebtedness regardless of state law or charter that requires voter approval, including, but not limited to, general obligation bonds, revenue bonds, and bonds issued pursuant to the Mello-Roos Community Facilities Act (Chapter 2. See California Government Code 53412
  • bonds: as used in this article means: bonds as defined in Section 53550, or revenue bonds as defined in Section 53570. See California Government Code 53580
  • Bureau: refers to the Bureau of Household Goods and Services, as established in Section 9810. See California Business and Professions Code 19225.5
  • California state preschool program: means those programs that offer part-day or full-day, or both, educational programs for eligible three- and four-year-old children. See California Education Code 8205
  • Children with exceptional needs: means either of the following:

    California Education Code 8205

  • City: includes city and county and "incorporated town" but does not include "unincorporated town" or "village. See California Public Utilities Code 19
  • City: includes incorporated city, city and county, municipal corporation, municipality, town, and incorporated town. See California Revenue and Taxation Code 14
  • Commission: means the Public Utilities Commission created by §. See California Public Utilities Code 20
  • Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
  • Community estate: includes both community property and quasi-community property. See California Family Code 63
  • 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.
  • Controller: means the State Controller. See California Revenue and Taxation Code 21
  • Cost: includes , but is not limited to, expenditures that are related to the operation of preschool programs. See California Education Code 8205
  • County: includes city and county. See California Water Code 14
  • County: includes "city and county. See California Code of Civil Procedure 17
  • County: includes city and county. See California Public Utilities Code 18
  • County: includes city and county. See California Revenue and Taxation Code 15
  • Date of separation: means the date that a complete and final break in the marital relationship has occurred, as evidenced by both of the following:

    California Family Code 70

  • department: means State Department of Health Services. See California Health and Safety Code 20
  • Department: refers to the Department of Consumer Affairs. See California Business and Professions Code 19225.5
  • Devise: To gift property by will.
  • 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:
  • 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
  • Escrow: Money given to a third party to be held for payment until certain conditions are met.
  • Ex officio: Literally, by virtue of one's office.
  • Executor: A male person named in a will to carry out the decedent
  • Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
  • Family childcare home education network: means an entity organized under law that contracts with the department to make payments to licensed family childcare home providers and to provide educational and support services to those providers and to children and families eligible for California state preschool program services. See California Education Code 8205
  • federal securities: as used in this article means those securities defined in subdivision (g) of Section 53550 and in subdivision (a) of Section 53651. See California Government Code 53580
  • Four-year-old children: means children who will have their fourth birthday on or before December 1 of the fiscal year in which they are enrolled in a California state preschool program, or a child whose fifth birthday occurs after September 1 of the fiscal year in which they are enrolled in a California state preschool and whose parent or guardian has opted to retain or enroll them in a California state preschool program. See California Education Code 8205
  • Fraud: Intentional deception resulting in injury to another.
  • garbage: means any waste which consists in whole or in part of any animal waste that results from the handling, preparing, cooking, and consuming of food, including the offal from any animal carcass or from any part of an animal carcass. See California Food and Agricultural Code 10901
  • Gasoline: means a volatile mixture of liquid hydrocarbons, generally containing small amounts of additives, suitable for use as a fuel in a spark-ignition internal combustion engine. See California Business and Professions Code 13400
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • governing body: means :

    California Code of Civil Procedure 1245.210

  • Household mover: includes every corporation or person, their lessees, trustee, receivers, or trustees appointed by any court whatsoever, engaged in the permitted or unpermitted transportation for compensation or hire as a business by means of a motor vehicle or motor vehicles being used in the transportation of used household goods and personal effects over any public highway in this state. See California Business and Professions Code 19225.5
  • Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. Source: FDIC
  • Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. Source: OCC
  • Intergenerational staff: means persons of various generations. See California Education Code 8205
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Local agency: means any county, city, city and county, including a charter city or county, or any special district. See California Government Code 53412
  • local agency: means public district, public corporation, authority, agency, board, commission, county, city and county, city, school district, or other public entity or any improvement district or zone thereof. See California Government Code 53580
  • Local educational agency: means a school district, a county office of education, a community college district, or a school district acting on behalf of one or more schools within the school district. See California Education Code 8205
  • Lubricant: means a lubricating oil or other substance that reduces friction and wear between moving parts within an engine and other motor vehicle components. See California Business and Professions Code 13400
  • Motor oil: means an oil that reduces friction and wear between the moving parts within an internal combustion engine and also serves as a coolant. See California Business and Professions Code 13400
  • Motor vehicle fuel: means "engine fuel" when that term is used in this chapter. See California Business and Professions Code 13400
  • Necessary property: means property to be used for a public use for which the public entity is authorized to acquire property by eminent domain. See California Code of Civil Procedure 1240.310
  • Oath: A promise to tell the truth.
  • order: include a decree, as appropriate under the circumstances. See California Family Code 100
  • Parent: means a biological parent, stepparent, adoptive parent, foster parent, caretaker relative, or any other adult living with a child who has responsibility for the care and welfare of the child. See California Education Code 8205
  • partnership: shall include limited liability company, registered limited liability partnership, and foreign limited liability partnership, except where the context or the specific provisions of this division otherwise require. See California Revenue and Taxation Code 28.5
  • Person: includes any city, county, district, the state, and the United States, to the extent authorized by federal law. See California Water Code 13050
  • Person: includes a natural person, firm, association, organization, partnership, business trust, corporation, limited liability company, or public entity. See California Family Code 105
  • Person: includes any person, firm, partnership, general partner of a partnership, limited liability company, registered limited liability partnership, foreign limited liability partnership, association, corporation, company, syndicate, estate, trust, business trust, or organization of any kind. See California Revenue and Taxation Code 19
  • Personal property: All property that is not real property.
  • Pollution: means an alteration of the quality of the waters of the state by waste to a degree which unreasonably affects either of the following:

    California Water Code 13050

  • Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
  • Preschool facility: means a residence or building or part thereof in which preschool services are provided. See California Education Code 8205
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Probate: Proving a will
  • Program director: means a person who, pursuant to Section 8298, is qualified to serve as a program director. See California Education Code 8205
  • property: includes property real and personal. See California Civil Code 14
  • Property: includes real and personal property and any interest therein. See California Family Code 113
  • Proprietary agency: means an organization or facility providing preschool, which is operated for profit. See California Education Code 8205
  • Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
  • Quasi-community property: means all real or personal property, wherever situated, acquired before or after the operative date of this code in any of the following ways:

    California Family Code 125

  • refunding bonds: means bonds issued to refund bonds. See California Government Code 53580
  • Regional board: means any California regional water quality control board for a region as specified in Section 13200. See California Water Code 13050
  • 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.
  • Secretary: means the Secretary of Food and Agriculture. See California Food and Agricultural Code 35
  • 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.
  • Site supervisor: means a person who, regardless of their title, has operational program responsibility for an early childhood program at a single site. See California Education Code 8205
  • Special district: means an agency of the state, formed pursuant to general law or a special act, for the performance of governmental or proprietary functions, with limited geographic boundaries, including, but not limited to, a school district and a community college district. See California Government Code 53412
  • Spousal support: means support of the spouse of the obligor. See California Family Code 142
  • Spouse: includes "registered domestic partner" as required by Section 297. See California Family Code 143
  • Standard reimbursement rate: means the reimbursement rate applicable to California state preschool programs pursuant to Section 8242. See California Education Code 8205
  • State: means the State of California, unless applied to the different parts of the United States. See California Water Code 18
  • State: means the State of California, unless applied to the different parts of the United States. See California Public Utilities Code 17
  • State board: means the State Water Resources Control Board. See California Water Code 13050
  • Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
  • Subdivision: means a subdivision of the section in which that term occurs unless some other section is expressly mentioned. See California Water Code 10
  • Subdivision: means a subdivision of the section in which that term occurs unless some other section is expressly mentioned. See California Public Utilities Code 10
  • 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
  • Substitute property: means property to be exchanged for necessary property. See California Code of Civil Procedure 1240.310
  • Support: refers to a support obligation owing on behalf of a child, spouse, or family, or an amount owing pursuant to Section 17402. See California Family Code 150
  • Support order: means a judgment or order of support in favor of an obligee, whether temporary or final, or subject to modification, termination, or remission, regardless of the kind of action or proceeding in which it is entered. See California Family Code 155
  • Support services: means those services that, when combined with preschool services, help promote the healthy physical, mental, social, and emotional growth of children. See California Education Code 8205
  • Teacher: means a person with the appropriate permit issued by the Commission on Teacher Credentialing who provides program supervision and instruction that includes supervision of a number of aides, volunteers, and groups of children. See California Education Code 8205
  • Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
  • Trustee: A person or institution holding and administering property in trust.
  • Waste: includes sewage and any and all other waste substances, liquid, solid, gaseous, or radioactive, associated with human habitation, or of human or animal origin, or from any producing, manufacturing, or processing operation, including waste placed within containers of whatever nature prior to, and for purposes of, disposal. See California Water Code 13050
  • Water quality control: means the regulation of any activity or factor which may affect the quality of the waters of the state and includes the prevention and correction of water pollution and nuisance. See California Water Code 13050
  • Water quality control plan: consists of a designation or establishment for the waters within a specified area of all of the following:

    California Water Code 13050

  • Water quality objectives: means the limits or levels of water quality constituents or characteristics which are established for the reasonable protection of beneficial uses of water or the prevention of nuisance within a specific area. See California Water Code 13050
  • Waters of the state: means any surface water or groundwater, including saline waters, within the boundaries of the state. See California Water Code 13050
  • will: includes codicil. See California Civil Code 14
  • Writing: includes printing and typewriting. See California Code of Civil Procedure 17