Terms Used In California Codes > Government Code > Title 7.10 > Chapter 5 - Duties and Powers

• Accepted credit card: means any credit card that the cardholder has requested or applied for and received or has signed, or has used, or has authorized another person to use, for the purpose of obtaining money, property, labor, or services on credit. See California Civil Code 1747.02
• Accommodation: means any apartment, condominium or cooperative unit, cabin, lodge, hotel or motel room, or other private or commercial structure containing toilet facilities therein that is designed and available, pursuant to applicable law, for use and occupancy as a residence by one or more individuals, or any unit or berth on a commercial passenger ship, which is included in the offering of a time-share plan. See California Business and Professions Code 11212
• acquire: includes , but is not restricted to, taking by condemnation, purchase, or lease and receiving by donation or dedication. See California Public Resources Code 13070.1
• Acquisition: means the acquisition of a fee interest or any other interest, including easements, leases, and development rights. See California Water Code 79505
• Adequate notice: means a printed notice to a cardholder that sets forth the pertinent facts clearly and conspicuously so that a person against whom it is to operate could reasonably be expected to have noticed it and understood its meaning. See California Civil Code 1747.02
• Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
• 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.
• Age: refers to the chronological age of any individual who has reached a 40th birthday. See California Government Code 12926
• 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.
• Annual percentage rate: The cost of credit at a yearly rate. It is calculated in a standard way, taking the average compound interest rate over the term of the loan so borrowers can compare loans. Lenders are required by law to disclose a card account's APR. ^{Source: FDIC}
• Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
• Apportionment: means an apportionment made under this chapter unless the context otherwise requires. See California Education Code 16702
• Apportionment: means an apportionment made under this chapter unless the context otherwise requires. See California Education Code 16502
• Appraisal: A determination of property value.
• Arrest: Taking physical custody of a person by lawful authority.
• 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
• Association: means the organized body consisting of the purchasers of time-share interests in a time-share plan. See California Business and Professions Code 11212
• Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
• 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.
• Baseline: Projection of the receipts, outlays, and other budget amounts that would ensue in the future without any change in existing policy. Baseline projections are used to gauge the extent to which proposed legislation, if enacted into law, would alter current spending and revenue levels.
• Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. ^{Source: OCC}
• billing error: means an error by omission or commission in (1) posting any debit or credit, or (2) in computation or similar error of an accounting nature contained in a statement given to the cardholder by the card issuer. See California Civil Code 1747.02
• Board: means the State Allocation Board. See California Education Code 16702
• Board: as used in this chapter , means the board of supervisors of the county in which it is proposed to form a district, or in which a district has been formed. See California Health and Safety Code 20001
• Board: means the State Water Resources Control Board. See California Water Code 79505
• Board: means the State Allocation Board. See California Education Code 16502
• candidate: includes any officeholder who is subject to a recall election. See California Elections Code 305
• Card issuer: means any person who issues a credit card or the agent of that person for that purpose with respect to the credit card. See California Civil Code 1747.02
• Cardholder: means a natural person to whom a credit card is issued for consumer credit purposes, or a natural person who has agreed with the card issuer to pay consumer credit obligations arising from the issuance of a credit card to another natural person. See California Civil Code 1747.02
• CCW: means "carry concealed weapons. See California Penal Code 16360
• City: includes city and county. See California Harbors and Navigation Code 15
• City: includes city and county and "incorporated town" but does not include "unincorporated town" or "village. See California Public Utilities Code 19
• Commission: means the Public Utilities Commission created by §. See California Public Utilities Code 20
• Commissioner: means the Real Estate Commissioner. See California Business and Professions Code 11212
• Communications service provider: means a cable television corporation, video service provider, or telephone corporation. See California Public Utilities Code 9510.5
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Component site: means a specific geographic location where accommodations that are part of a multisite time-share plan are located. See California Business and Professions Code 11212
• Continuance: Putting off of a hearing ot trial until a later time.
• Conviction: A judgement of guilt against a criminal defendant.
• Council: means the Civil Rights Council and "council member" means a member of the council. See California Government Code 12925
• County: includes city and county. See California Water Code 14
• County: includes city and county. See California Harbors and Navigation Code 14
• County: includes city and county. See California Health and Safety Code 14
• county: includes "city and county". See California Penal Code 7
• County: includes "city and county. See California Corporations Code 14
• County: includes "city and county. See California Public Resources Code 14
• County: includes city and county. See California Food and Agricultural Code 29
• Credit card: means any card, plate, coupon book, or other single credit device existing for the purpose of being used from time to time upon presentation to obtain money, property, labor, or services on credit. See California Civil Code 1747.02
• creed: include all aspects of religious belief, observance, and practice, including religious dress and grooming practices. See California Government Code 12926
• Deed: The legal instrument used to transfer title in real property from one person to another.
• Department: means the Civil Rights Department. See California Government Code 12925
• department: whenever used in this code , unless the context otherwise requires, means the State Department of Education. See California Education Code 89
• Department: means the "Department of Real Estate. See California Business and Professions Code 11212
• Department: means the Department of Water Resources. See California Water Code 79505
• Developer: means and includes any person who creates a time-share plan or is in the business of selling time-share interests, other than those employees or agents of the developer who sell time-share interests on the developer's behalf, or retains agents to do the same, or any person who succeeds to the interest of a developer by sale, lease, assignment, mortgage, or other transfer, but the term includes only those persons who offer time-share interests for disposition in the ordinary course of business. See California Business and Professions Code 11212
• Devise: To gift property by will.
• Director: means the Director of Education. See California Education Code 16702
• Director: means "State Director of Health Services. See California Health and Safety Code 21
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• Discrimination: includes refusal to sell, rent, or lease housing accommodations. See California Government Code 12927
• Dismissal: The dropping of a case by the judge without further consideration or hearing. ^Source:
• District: as used in this chapter , means a police protection district formed pursuant to this chapter or pursuant to any law which it supersedes. See California Health and Safety Code 20000
• Election: means any election including a primary that is provided for under this code. See California Elections Code 318
• Elections official: means any of the following:

  California Elections Code 320

• Electronic funds transfer: The transfer of money between accounts by consumer electronic systems-such as automated teller machines (ATMs) and electronic payment of bills-rather than by check or cash. (Wire transfers, checks, drafts, and paper instruments do not fall into this category.) ^{Source: OCC}
• Energy Commission: means the State Energy Resources Conservation and Development Commission. See California Public Utilities Code 20
• environment: means the aggregate of all factors that influence the conditions of life in or about the state or within any portion thereof, and which are affected by the use of pesticides or related materials within the state. See California Food and Agricultural Code 14101
• 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.
• Exchange company: means any person owning or operating, or both owning and operating, an exchange program. See California Business and Professions Code 11212
• Exchange program: means any method, arrangement, or procedure for the voluntary exchange of time-share interests or other property interests. See California Business and Professions Code 11212
• 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.
• Finance charge: The total cost of credit a customer must pay on a consumer loan, including interest. The Truth in Lending Act requires disclosure of the finance charge. ^{Source: OCC}
• firearm: includes the frame or receiver of the weapon, including both a completed frame or receiver, or a firearm precursor part:

  California Penal Code 16520

• Fixed Rate: Having a "fixed" rate means that the APR doesn't change based on fluctuations of some external rate (such as the "Prime Rate"). In other words, a fixed rate is a rate that is not a variable rate. A fixed APR can change over time, in several circumstances:
  • You are late making a payment or commit some other default, triggering an increase to a penalty rate
  • The bank changes the terms of your account and you do not reject the change.
  • The rate expires (if the rate was fixed for only a certain period of time).
• Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. ^{Source: OCC}
• Fund: means the Water Security, Clean Drinking Water, Coastal and Beach Protection Fund of 2002 created pursuant to Section 79510. See California Water Code 79505
• General election: means either of the following:

  California Elections Code 324

• Genetic information: includes any request for, or receipt of, genetic services, or participation in clinical research that includes genetic services, by an individual or any family member of the individual. See California Government Code 12926
• gift certificate: includes gift cards, but does not include any gift card usable with multiple sellers of goods or services, provided the expiration date, if any, is printed on the card. See California Civil Code 1749.45
• Governing body: means the governing body of a local publicly owned electric utility, including, where applicable, a board appointed by a city council. See California Public Utilities Code 9510.5
• handgun: means any pistol, revolver, or firearm capable of being concealed upon the person. See California Penal Code 16640
• Housing accommodation: includes a building, structure, or portion thereof that is occupied, or intended to be occupied, pursuant to a transaction facilitated by a hosting platform, as defined in §. See California Government Code 12927
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• inquiry: is a writing that is posted by mail to the address of the card issuer to which payments are normally tendered, unless another address is specifically indicated on the statement for that purpose, then to that other address, and that is received by the card issuer no later than 60 days after the card issuer transmitted the first periodic statement that reflects the alleged billing error, and that does all of the following:

  California Civil Code 1747.02

• 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}
• Joint tenancy: A form of property ownership in which two or more parties hold an undivided interest in the same property that was conveyed under the same instrument at the same time. A joint tenant can sell his (her) interest but not dispose of it by will. Upon the death of a joint tenant, his (her) undivided interest is distributed among the surviving joint tenants.
• Judicial office: means the office filled by any judicial officer. See California Elections Code 326
• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• license: shall include a permit or a certificate issued by a state agency. See California Penal Code 23
• Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• locked container: means a secure container that is fully enclosed and locked by a padlock, keylock, combination lock, or similar locking device. See California Penal Code 16850
• Managing entity: means the person who undertakes the duties, responsibilities, and obligations of the management of a time-share plan. See California Business and Professions Code 11212
• Measure: means any constitutional amendment or other proposition submitted to a popular vote at any election. See California Elections Code 329
• Medical condition: means either of the following:

  California Government Code 12926

• Mental disability: includes , but is not limited to, all of the following:

  California Government Code 12926

• month: means a calendar month, unless otherwise expressed. See California Civil Code 14
• Nominate: means the selection, at a state-conducted primary election, of candidates who are entitled by law to participate in the general election for that office, but does not mean any other lawful mechanism that a political party may adopt for the purposes of choosing the candidate who is preferred by the party for a nonpartisan or voter-nominated office. See California Elections Code 332.5
• Nonmember: as used in this article , means the spouse or former spouse of a member, who as a result of petitioning the court for the division of community property, has been awarded a distinct and separate account reflecting specific credited service and accumulated contributions. See California Government Code 21291
• Nonpartisan office: means an office, except for a voter-nominated office, for which no party may nominate a candidate. See California Elections Code 334
• On the bases enumerated in this part: means or refers to discrimination on the basis of one or more of the following: race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, age, sexual orientation, reproductive health decisionmaking, or veteran or military status. See California Government Code 12926
• Open-end credit: A credit agreement (typically a credit card) that allows a customer to borrow against a preapproved credit line when purchasing goods and services. The borrower is only billed for the amount that is actually borrowed plus any interest due. (Also called a charge account or revolving credit.) ^{Source: OCC}
• Oversight: Committee review of the activities of a Federal agency or program.
• Party: means a political party or organization that has qualified for participation in any primary or presidential general election. See California Elections Code 338
• peace officer: signify any one of the officers mentioned in Chapter 4. See California Penal Code 7
• Person: means any person, firm, association, organization, partnership, limited liability company, business trust, corporation, or company. See California Harbors and Navigation Code 19
• Person: includes one or more individuals, partnerships, associations, corporations, limited liability companies, legal representatives, trustees, trustees in bankruptcy, and receivers or other fiduciaries. See California Government Code 12925
• person: includes a corporation as well as a natural person. See California Penal Code 7
• Person: means a natural person, corporation, limited liability company, partnership, joint venture, association, estate, trust, government, governmental subdivision or agency, or other legal entity, or any combination thereof. See California Business and Professions Code 11212
• Person: includes a corporation as well as a natural person. See California Corporations Code 18
• Personal property: All property that is not real property.
• Physical disability: includes , but is not limited to, all of the following:

  California Government Code 12926

• Precinct: means a geographical area within a county that is made up of voters and is formed pursuant to Chapter 3 (commencing with Section 12200) of Division 12. See California Elections Code 338.6
• Primary election: includes all primary nominating elections provided for by this code. See California Elections Code 341
• Probable cause: A reasonable ground for belief that the offender violated a specific law.
• Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
• Process: includes a writ or summons issued in the course of judicial proceedings of either a civil or criminal nature. See California Government Code 22
• prohibited area: means any place where it is unlawful to discharge a weapon. See California Penal Code 17030
• Project: means the purposes for which a school district has applied for an apportionment. See California Education Code 16502
• property: includes property real and personal. See California Civil Code 14
• property: includes both real and personal property. See California Penal Code 7
• Public report: means a preliminary public report, conditional public report, final public report, or other such disclosure document authorized for use in connection with the offering of time-share interests pursuant to this chapter. See California Business and Professions Code 11212
• Purchaser: means any person, other than a developer, who by means of a voluntary transfer for consideration acquires a legal or equitable interest in a time-share plan other than as security for an obligation. See California Business and Professions Code 11212
• Remand: When an appellate court sends a case back to a lower court for further proceedings.
• Reproductive health decisionmaking: includes , but is not limited to, a decision to use or access a particular drug, device, product, or medical service for reproductive health. See California Government Code 12926
• Reservation system: means the method, arrangement, or procedure by which a purchaser, in order to reserve the use or occupancy of any accommodation of a multisite time-share plan for one or more time-share periods, is required to compete with other purchasers in the same multisite time-share plan, regardless of whether the reservation system is operated and maintained by the multisite time-share plan managing entity, an exchange company, or any other person. See California Business and Professions Code 11212
• response: is a writing that is responsive to an inquiry and mailed to the cardholder's address last known to the card issuer. See California Civil Code 1747.02
• Retail motor fuel dispenser: means a device that dispenses fuel that is used to power internal combustion engines, including motor vehicle engines, that processes the sale of fuel through a remote electronic payment system, and that is in a location where an employee or other agent of the seller is not present. See California Civil Code 1747.02
• Retail motor fuel payment island automated cashier: means a remote electronic payment processing station that processes the retail sale of fuel that is used to power internal combustion engines, including motor vehicle engines, that is in a location where an employee or other agent of the seller is not present, and that is located in close proximity to a retail motor fuel dispenser. See California Civil Code 1747.02
• Retailer: means every person other than a card issuer who furnishes money, goods, services, or anything else of value upon presentation of a credit card by a cardholder. See California Civil Code 1747.02
• safety: is a utomatically applied by the pistol, this feature shall not be defeated. See California Penal Code 31900
• Secretary: means the Secretary of the Resources Agency. See California Water Code 79505
• Secured credit card: means any credit card issued under an agreement or other instrument that pledges, hypothecates, or places a lien on real property or money or other personal property to secure the cardholder's obligations to the card issuer. See California Civil Code 1747.02
• Sell: includes offer for sale, expose for sale, possess for sale, exchange, barter, or trade. See California Food and Agricultural Code 44
• 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.
• Sex: includes , but is not limited to, the following:

  California Government Code 12926

• Sexual orientation: means heterosexuality, homosexuality, and bisexuality. See California Government Code 12926
• 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 Harbors and Navigation Code 20
• State: means the State of California, unless applied to the different parts of the United States. See California Education Code 77
• state: when applied to the different parts of the United States, includes the District of Columbia and the territories, and the words "United States" may include the district and territories. See California Penal Code 7
• State: means the State of California, unless applied to the different parts of the United States. See California Public Utilities Code 17
• state agency: includes every state office, officer, department, division, bureau, board, and commission. See California Government Code 11000
• Statute: A law passed by a legislature.
• Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
• Street light pole: means a pole, arm, or fixture used primarily for street, pedestrian, or security lighting. See California Public Utilities Code 9510.5
• 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
• Tenancy in common: A type of property ownership in which two or more individuals have an undivided interest in property. At the death of one tenant in common, his (her) fractional percentage of ownership in the property passes to the decedent
• Time-share interest: means and includes either of the following:

  California Business and Professions Code 11212

• Time-share plan: means any arrangement, plan, scheme, or similar device, other than an exchange program, whether by membership agreement, sale, lease, deed, license, right to use agreement, or by any other means, whereby a purchaser, in exchange for consideration, receives ownership rights in or the right to use accommodations for a period of time less than a full year during any given year, on a recurring basis for more than one year, but not necessarily for consecutive years. See California Business and Professions Code 11212
• 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.
• Unauthorized use: means the use of a credit card by a person, other than the cardholder, (1) who does not have actual, implied, or apparent authority for that use and (2) from which the cardholder receives no benefit. See California Civil Code 1747.02
• Utility pole: means an electricity or telephone pole, but does not include a street light pole or an electricity pole used solely for the transmission of electricity at 50 kilovolts or higher and not intended for distribution of communications signals or electricity at lower voltages. See California Public Utilities Code 9510.5
• Variable Rate: Having a "variable" rate means that the APR changes from time to time based on fluctuations in an external rate, normally the Prime Rate. This external rate is known as the "index." If the index changes, the variable rate normally changes. Also see Fixed Rate.
• Voter: means any elector who is registered under this code. See California Elections Code 359
• Voter-nominated office: means a congressional or state elective office for which a candidate may choose to have his or her party preference or lack of party preference indicated upon the ballot. See California Elections Code 359.5
• Wetlands: means lands that may be covered periodically or permanently with shallow water and include saltwater marshes, freshwater marshes, open or closed brackish water marshes, swamps, mudflats, fens, and vernal pools. See California Water Code 79505
• will: includes codicil. See California Civil Code 14