Article 1 General Provisions
Article 2 Administration
Article 3 Application of Chapter
Article 4 Issuance of Certificates
Article 5 Disciplinary Proceedings
Article 6 Revenue
Article 7 Architectural Corporations

Terms Used In California Codes > Business and Professions Code > Division 3 > Chapter 3 - Architecture

  • Access: means the ability to receive, use, select, and manipulate data and operate controls included in voting technology and systems. See California Elections Code 19241
  • Accessible: means that the information provided on the paper cast vote record from the voter verified paper audit trail mechanism is provided or conveyed to voters via both a visual and a nonvisual method, such as through an audio component. See California Elections Code 19271
  • Acquisition: means the acquisition of a fee interest or any other interest in real property including easements, leases and development rights. See California Public Resources Code 75005
  • action taken: means a collective decision made by a majority of the members of a legislative body, a collective commitment or promise by a majority of the members of a legislative body to make a positive or a negative decision, or an actual vote by a majority of the members of a legislative body when sitting as a body or entity, upon a motion, proposal, resolution, order or ordinance. See California Government Code 54952.6
  • Adequate progress: means all of the following:

    California Government Code 65007

  • Adjourn: A motion to adjourn a legislative chamber or a committee, if passed, ends that day's session.
  • Advanced transportation technologies: means emerging commercially competitive transportation-related technologies identified by the authority as capable of creating long-term, high-value-added jobs for Californians while enhancing the state's commitment to energy conservation, pollution and greenhouse gas emissions reduction, and transportation efficiency. See California Public Resources Code 26003
  • Affinity: signifies the connection existing in consequence of marriage, between each of the married persons and the blood relatives of the other when applied to the marriage relation. See California Code of Civil Procedure 17
  • Agent: means a person who was an officer or director of a corporation, as defined in subdivision (e), at the time the fraudulent acts occurred, was named in a final criminal restitution order in connection with the fraudulent acts, and was acting in the person's capacity as the corporation's officer or director when committing the fraudulent acts. See California Corporations Code 2281
  • Alternative sources: means devices or technologies used for a renewable electrical generation facility, as defined in paragraph (1) of subdivision (a) of Section 25741, a combined heat and power system, as defined in Section 2840. See California Public Resources Code 26003
  • 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.
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Application: means a request for payment from the fund submitted to the Secretary of State pursuant to this chapter. See California Corporations Code 2281
  • Appraisal: A determination of property value.
  • 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
  • Assessee: means the person to whom property or a tax is assessed. See California Revenue and Taxation Code 23
  • Attorney-in-fact: A person who, acting as an agent, is given written authorization by another person to transact business for him (her) out of court.
  • Authority: means the California Alternative Energy and Advanced Transportation Financing Authority established pursuant to Section 26004, and any board, commission, department, or officer succeeding to the functions of the authority, or to which the powers conferred upon the authority by this division shall be given. See California Public Resources Code 26003
  • Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
  • Balanced budget: A budget in which receipts equal outlays.
  • ballot: means any of the following:

    California Elections Code 301

  • 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.
  • board: means the California Department of Tax and Fee Administration. See California Revenue and Taxation Code 20
  • Board: means the Voting Modernization Board, established pursuant to Section 19256. See California Elections Code 19252
  • Board: means the State Board of Forestry and Fire Protection. See California Public Resources Code 5093.52
  • Board: means the Wildlife Conservation Board. See California Public Resources Code 75005
  • Board: means the Podiatric Medical Board of California. See California Business and Professions Code 2461
  • Board: means the Scholarshare Investment Board established pursuant to subparagraph (B) of paragraph (2) of subdivision (a) of Section 69984. See California Education Code 69999.8
  • board: as used in this chapter means the Medical Board of California. See California Business and Professions Code 2002
  • board of supervisors: means the Board of Supervisors of the County of Orange. See California Government Code 26295.10
  • Bond: means a state general obligation bond issued pursuant to this article adopting the provisions of the State General Obligation Bond Law. See California Elections Code 19252
  • bonds: means indebtedness and securities of any kind or class, including bonds, notes, bond anticipation notes, and commercial paper. See California Government Code 26295.6
  • Business: includes every trade, occupation, and profession. See California Corporations Code 16101
  • California Water Plan: means the California Water Plan Update Bulletin 160-05 and subsequent revisions and amendments. See California Public Resources Code 75005
  • Caucus: From the Algonquian Indian language, a caucus meant "to meet together." An informal organization of members of the legislature that exists to discuss issues of mutual concern and possibly to perform legislative research and policy planning for its members. There are regional, political or ideological, ethnic, and economic-based caucuses.
  • Cease and Desist Letter: A letter requesting that a company stops the activity mentioned in the letter. Source: OCC
  • certificate: as used in this chapter are deemed to be synonomous. See California Business and Professions Code 2040
  • City: includes incorporated city, city and county, municipal corporation, municipality, town and incorporated town. See California Financial Code 13
  • City: includes "city and county" and "incorporated town" but does not include "unincorporated town" or "village. See California Government Code 20
  • City: includes incorporated city, city and county, municipal corporation, municipality, town, and incorporated town. See California Revenue and Taxation Code 14
  • Claimant: means an aggrieved person who resides in the state at the time of the fraud and who submits an application pursuant to this chapter. See California Corporations Code 2281
  • Clerk: means the county elections official, registrar of voters, city clerk, or other officer or board charged with the duty of conducting any election. See California Elections Code 307
  • Clerk of court: An officer appointed by the court to work with the chief judge in overseeing the court's administration, especially to assist in managing the flow of cases through the court and to maintain court records.
  • collaboration: include employer and employee relationships, joint ventures, partnerships, general corporations, and consulting relationships formed by written agreement in which the architect provides immediate and responsible direction of architectural services. See California Business and Professions Code 5535.25
  • commission: means the Orange County Regional Justice Facilities Commission created pursuant to Article 2 (commencing with Section 26296). See California Government Code 26295.4
  • commission: means the Student Aid Commission created by this article. See California Education Code 69515
  • Commissioner: means any county agricultural commissioner. See California Food and Agricultural Code 26
  • Committee: means the Voting Modernization Finance Committee, established pursuant to Section 19253. See California Elections Code 19252
  • Committee: means the California Drought, Water, Parks, Climate, Coastal Protection, and Outdoor Access For All Finance Committee created by Section 80162. See California Public Resources Code 80002
  • Committee: means the Pooled Money Investment Board. See California Government Code 17220
  • companies: includes persons, partnerships, joint stock associations, companies and corporations. See California Revenue and Taxation Code 12003
  • Conference committee: A temporary, ad hoc panel composed of conferees from both chamber of a legislature which is formed for the purpose of reconciling differences in legislation that has passed both chambers. Conference committees are usually convened to resolve bicameral differences on major and controversial legislation.
  • Conservation actions on private lands: means projects with willing landowners that involve the adaptive flexible management or protection of natural resources in response to changing conditions and threats to habitat and wildlife. See California Public Resources Code 80002
  • contestant: means any person initiating an election contest. See California Elections Code 16002
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Controller: means the State Controller. See California Revenue and Taxation Code 21
  • Corporation: means a domestic corporation as defined by Section 162 or 2509 or a foreign corporation that is qualified to transact business in California pursuant to Section 2105. See California Corporations Code 2281
  • County: includes city and county. See California Financial Code 14
  • County: includes city and county. See California Food and Agricultural Code 29
  • County: includes city and county. See California Government Code 19
  • county: means the County of Orange. See California Government Code 26295.8
  • County: includes "city and county. See California Code of Civil Procedure 17
  • 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 Revenue and Taxation Code 15
  • creditor: means the state or the department or agency of the state seeking to collect the liability. See California Code of Civil Procedure 688.040
  • debtor: means the debtor from whom the liability is sought to be collected. See California Code of Civil Procedure 688.040
  • Decedent: A deceased person.
  • Defect: means any flaw in the hardware or documentation of a voting system that could result in a state of unfitness for use or nonconformance to the manufacturer's specifications or applicable law. See California Elections Code 19210
  • Delta: means the Sacramento-San Joaquin River Delta. See California Public Resources Code 75005
  • Department: means the Department of Parks and Recreation. See California Public Resources Code 5078
  • Department: means the Department of Food and Agriculture. See California Food and Agricultural Code 32
  • Department: means the Department of Water Resources. See California Public Resources Code 75005
  • Department: means the Department of Parks and Recreation. See California Public Resources Code 80002
  • 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 Parks and Recreation and "director" means the Director of Parks and Recreation. See California Public Resources Code 5001.1
  • Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
  • Development: includes , but is not limited to the physical improvement of real property including the construction of facilities or structures. See California Public Resources Code 75005
  • Direct recording electronic voting system: means a voting system that records a vote electronically and does not require or permit the voter to record his or her vote directly onto a tangible ballot. See California Elections Code 19271
  • Director: means the Director of Fish and Game. See California Public Resources Code 5093.52
  • directors: means natural persons, designated in the articles or bylaws or elected by the incorporators, and their successors and natural persons designated, elected, or appointed by any other name or title to act as members of the governing body of the corporation. See California Corporations Code 5047
  • Disability: means a medical condition, mental disability, or physical disability, as those terms are defined in subdivisions (i), (j), and (l) of Section 12926 of the Government Code. See California Elections Code 354.5
  • Disadvantaged community: means a community with a median household income less than 80% of the statewide average. See California Public Resources Code 75005
  • Disadvantaged community: means a community with a median household income less than 80 percent of the statewide average. See California Public Resources Code 80002
  • 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:
  • dissenting shareholder: means the recordholder of dissenting shares and includes a transferee of record. See California Corporations Code 1300
  • dissenting shares: means shares to which all of the following apply:

    California Corporations Code 1300

  • Distribution: means a transfer of money or other property from a partnership to a partner in the partner's capacity as a partner or to the partner's transferee. See California Corporations Code 16101
  • Docket: A log containing brief entries of court proceedings.
  • Earnings: means compensation payable by an employer to an employee for personal services performed by such employee, whether denominated as wages, salary, commission, bonus, or otherwise. See California Code of Civil Procedure 706.011
  • Election board: means the board of supervisors of each county, the city council or other governing body of a city, or any board or officer to whom similar powers and duties are given by any charter. See California Elections Code 319
  • Electioneering: means the visible display or audible dissemination of information that advocates for or against any candidate or measure on the ballot within 100 feet of a polling place, a vote center, an elections official's office, or a satellite location under Section 3018. See California Elections Code 319.5
  • Elections official: means the county elections official, registrar of voters, or city clerk. See California Elections Code 18546
  • Elections official: means any of the following:

    California Elections Code 320

  • Elector: means a person who is a United States citizen 18 years of age or older and, except as specified in subdivision (b), is a resident of an election precinct in this state on or before the day of an election. See California Elections Code 321
  • Electronic transmission by the corporation: means a communication (a) delivered by (1) facsimile telecommunication or electronic mail when directed to the facsimile number or electronic mail address, respectively, for that recipient on record with the corporation, (2) posting on an electronic message board or network which the corporation has designated for those communications, together with a separate notice to the recipient of the posting, which transmission shall be validly delivered upon the later of the posting or delivery of the separate notice thereof, or (3) other means of electronic communication, (b) to a recipient who has provided an unrevoked consent to the use of those means of transmission for communications under or pursuant to this code, and (c) that creates a record that is capable of retention, retrieval, and review, and that may thereafter be rendered into clearly legible tangible form. See California Corporations Code 20
  • Electronic transmission by the partnership: means a communication (a) delivered by (1) facsimile telecommunication or electronic mail when directed to the facsimile number or electronic mail address, respectively, for that recipient on record with the partnership, (2) posting on an electronic message board or network that the partnership has designated for those communications, together with a separate notice to the recipient of the posting, which transmission shall be validly delivered upon the later of the posting or delivery of the separate notice thereof, or (3) other means of electronic communication, (b) to a recipient who has provided an unrevoked consent to the use of those means of transmission, and (c) that creates a record that is capable of retention, retrieval, and review, and that may thereafter be rendered into clearly legible tangible form. See California Corporations Code 16101
  • 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
  • Employee: means a public officer and any individual who performs services subject to the right of the employer to control both what shall be done and how it shall be done. See California Code of Civil Procedure 706.011
  • Employer: means a person for whom an individual performs services as an employee. See California Code of Civil Procedure 706.011
  • Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
  • 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
  • Ex officio: Literally, by virtue of one's office.
  • executed: when used with respect to the documents filed pursuant to this code or pursuant to regulations adopted under this code, and presented to the Secretary of State, include a document bearing a signature under subdivision (a). See California Corporations Code 17.1
  • Failure: means a discrepancy between the external results of the operation of any software or firmware in a voting system and the manufacturer's product requirements for that software or firmware or applicable law. See California Elections Code 19210
  • Fault: means a step, process, or data definition in any software or firmware in a voting system that is incorrect under the manufacturer's program specification or applicable law. See California Elections Code 19210
  • Federal Deposit Insurance Corporation: A government corporation that insures the deposits of all national and state banks that are members of the Federal Reserve System. Source: OCC
  • Felony: A crime carrying a penalty of more than a year in prison.
  • Fiduciary: A trustee, executor, or administrator.
  • Final judgment: means a judgment, arbitration award, or criminal restitution order for which appeals have been exhausted or for which the period for appeal has expired, enforcement of which is not barred by the order of any court or by any statutory provision, which has not been nullified or rendered void by any court order or statutory provision, and for which the claimant has not otherwise been fully reimbursed. See California Corporations Code 2281
  • Flood hazard zone: means an area subject to flooding that is delineated as either a special hazard area or an area of moderate hazard on an official flood insurance rate map issued by the Federal Emergency Management Agency. See California Government Code 65007
  • Foreign limited liability partnership: means a partnership, other than a limited partnership, formed pursuant to an agreement governed by the laws of another jurisdiction and denominated or registered as a limited liability partnership or registered limited liability partnership under the laws of that jurisdiction (i) in which each partner is a licensed person or a person licensed or authorized to provide professional limited liability partnership services in a jurisdiction or jurisdictions other than this state, (ii) which is licensed under the laws of the state to engage in the practice of architecture, the practice of public accountancy, the practice of engineering, the practice of land surveying, or the practice of law, or (iii) which (I) is related to a registered limited liability partnership that practices public accountancy or, to the extent permitted by the State Bar of California, practices law or is related to a foreign limited liability partnership and (II) provides services related or complementary to the professional limited liability partnership services provided by, or provides services or facilities to, that registered limited liability partnership or foreign limited liability partnership. See California Corporations Code 16101
  • Forgery: The fraudulent signing or alteration of another's name to an instrument such as a deed, mortgage, or check. The intent of the forgery is to deceive or defraud. Source: OCC
  • Free-flowing: means existing or flowing without artificial impoundment, diversion, or other modification of the river. See California Public Resources Code 5093.52
  • Fund: means the Heritage Network Decal Fund created pursuant to Section 5066 of the Vehicle Code. See California Public Resources Code 5078
  • Fund: means the Voting Modernization Fund, created pursuant to subdivision (b) of Section 19254. See California Elections Code 19252
  • fund: includes any account in a fund which consists of money derived from different sources for different purposes. See California Food and Agricultural Code 601
  • Fund: means the Safe Drinking Water, Water Quality and Supply, Flood Control, River and Coastal Protection Fund of 2006. See California Public Resources Code 75005
  • Fund: means the California Drought, Water, Parks, Climate, Coastal Protection, and Outdoor Access For All Fund, created by Section 80032. See California Public Resources Code 80002
  • Fund: means the Victims of Corporate Fraud Compensation Fund created by Section 2280. See California Corporations Code 2281
  • Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
  • Guarantor: A party who agrees to be responsible for the payment of another party's debts should that party default. Source: OCC
  • Immediate environments: means the land immediately adjacent to the segments of the rivers designated in Section 5093. See California Public Resources Code 5093.52
  • Immediate vicinity: means the area within a distance of 100 feet from the room or rooms in which the voters are signing the roster and casting ballots. See California Elections Code 18546
  • 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
  • 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.
  • Inspector: means the supervisor of the precinct board of which he or she is a member. See California Elections Code 325
  • Insurer: as used in this part includes each of the following:

    California Revenue and Taxation Code 12003

  • interested person: means an owner or any other person interested in any of the following:

    California Government Code 59380

  • Interpretation: includes , but is not limited to, a visitor serving amenity that educates and communicates the significance and value of natural, historical, and cultural resources in a way that increases the understanding and enjoyment of these resources and that may utilize the expertise of a naturalist or other specialist skilled at educational interpretation. See California Public Resources Code 75005
  • Joint committee: Committees including membership from both houses of teh legislature. Joint committees are usually established with narrow jurisdictions and normally lack authority to report legislation.
  • Judgment debtor: includes a person from whom the state is seeking to collect a tax liability under Article 4 (commencing with Section 706. See California Code of Civil Procedure 706.011
  • Judgment debtor: means a corporation or agent against which a judgment, arbitration award, or criminal restitution order has been entered for conduct constituting intentional fraud. See California Corporations Code 2281
  • Land use regulation: means the regulation by any state or local governmental entity, agency, or official of any activities that take place other than directly on the waters of the segments of the rivers designated in Section 5093. See California Public Resources Code 5093.52
  • 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.
  • Legal tender: coins, dollar bills, or other currency issued by a government as official money. Source: U.S. Mint
  • legislative body: means :

    California Government Code 54952

  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • license: means license, certificate, registration, or other means to engage in a business or profession regulated by this code or referred to in Section 1000 or 3600. See California Business and Professions Code 23.7
  • Licensee: means any person authorized by a license, certificate, registration, or other means to engage in a business or profession regulated by this code or referred to in Sections 1000 and 3600. See California Business and Professions Code 23.8
  • licensee: as used in this chapter means the holder of a physician's and surgeon's certificate or doctor of podiatric medicine's certificate, as the case may be, who is engaged in the professional practice authorized by the certificate under the jurisdiction of the appropriate board. See California Business and Professions Code 2041
  • local agency: means a county, city, whether general law or chartered, city and county, town, school district, municipal corporation, district, political subdivision, or any board, commission or agency thereof, or other local public agency. See California Government Code 54951
  • Local election: is a municipal, county, or district election. See California Elections Code 328
  • master plan: means the plan for construction, furnishing, acquisition, maintenance, and operation of adult and juvenile detention facilities and courthouse facilities, and structures necessary or convenient to those facilities. See California Government Code 26295.12
  • Measure: means any constitutional amendment or other proposition submitted to a popular vote at any election. See California Elections Code 329
  • mediation: means a process in which a neutral person or persons facilitate communication between the disputants to assist them in reaching a mutually acceptable agreement. See California Code of Civil Procedure 1775.1
  • meeting: means any congregation of a majority of the members of a legislative body at the same time and location, including teleconference location as permitted by Section 54953, to hear, discuss, deliberate, or take action on any item that is within the subject matter jurisdiction of the legislative body. See California Government Code 54952.2
  • Minimum management requirements: means the minimum wilderness management actions that are necessary to administer a wilderness area for the purpose of this chapter. See California Public Resources Code 5093.32
  • Minimum tool: means the least intrusive tool, equipment, device, regulation, action, or practice that will achieve the minimum management requirements. See California Public Resources Code 5093.32
  • Mortgagee: The person to whom property is mortgaged and who has loaned the money.
  • Mortgagor: The person who pledges property to a creditor as collateral for a loan and who receives the money.
  • National Bank: A bank that is subject to the supervision of the Comptroller of the Currency. The Office of the Comptroller of the Currency is a bureau of the U.S. Treasury Department. A national bank can be recognized because it must have "national" or "national association" in its name. Source: OCC
  • National emergency: as used in this part means any period in which the United States is at war prior to the declaration by the Governor of a state military emergency. See California Government Code 18540.1
  • newspaper: means a newspaper of general circulation. See California Revenue and Taxation Code 36.5
  • Nonpartisan office: means an office, except for a voter-nominated office, for which no party may nominate a candidate. See California Elections Code 334
  • Nonprofit organization: means any nonprofit corporation qualified to do business in California, and qualified under Section 501?(c)(3) of the Internal Revenue Code. See California Public Resources Code 75005
  • Nonprofit organization: means a nonprofit corporation qualified to do business in California and qualified under Section 501(c)(3) of the Internal Revenue Code. See California Public Resources Code 80002
  • Nonvisual: means synthesized speech, braille, and other output methods that do not require sight. See California Elections Code 19241
  • Notice: includes all papers and orders required to be served in any proceedings before any court, board, or officer, or when required by law to be served independently of such proceeding. See California Government Code 26660
  • outstanding: when used as of any particular time with reference to bonds issued by the commission, means all bonds theretofore and thereupon being authenticated and delivered by an authenticating agent duly appointed by the commission or its authorized designee except:

    California Government Code 26295.14

  • Paper cast vote record: means an auditable document that corresponds to the selection made on the voter's ballot and lists the contests on the ballot and the voter's selections for those contests. See California Elections Code 19271
  • Parallel monitoring: means the testing of a randomly selected sampling of voting equipment on election day designed to simulate actual election conditions to confirm that the system is registering votes accurately. See California Elections Code 19271
  • Participating party: means a person, federal or state agency, department, board, authority, or commission, state or community college, or university, or a city or county, regional agency, public district, school district, or other political entity engaged in the business or operations in the state, whether organized for profit or not for profit, that applies for financial assistance from the authority for the purpose of implementing a project. See California Public Resources Code 26003
  • 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
  • Partnership: means an association of two or more persons to carry on as coowners a business for profit formed under Section 16202, predecessor law, or comparable law of another jurisdiction, and includes, for all purposes of the laws of this state, a registered limited liability partnership, and excludes any partnership formed under Chapter 4. See California Corporations Code 16101
  • Partnership agreement: means the agreement, whether written, oral, or implied, among the partners concerning the partnership, including amendments to the partnership agreement. See California Corporations Code 16101
  • party-nominated office: means any of the following offices:

    California Elections Code 337

  • 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
  • Person: includes an individual, a corporation, a partnership or other unincorporated association, a limited liability company, and a public entity. See California Code of Civil Procedure 706.011
  • Person: includes any person, firm, partnership, association, corporation, company, limited liability company, syndicate, estate, trust, business trust, or organization of any kind. See California Financial Code 18
  • Person: means any individual, partnership, association, corporation, limited liability company, or any organized group of persons whether incorporated or not. See California Food and Agricultural Code 38
  • Person: includes any person, firm, association, organization, partnership, limited liability company, business trust, corporation, or company. See California Government Code 17
  • Person: means an individual, corporation, business trust, estate, trust, partnership, limited partnership, limited liability partnership, limited liability company, association, joint venture, government, governmental subdivision, agency, or instrumentality, or any other legal or commercial entity. See California Corporations Code 16101
  • person: includes any individual, firm, partnership, general corporation, professional corporation, or limited liability partnership, as authorized by the Corporations Code. See California Business and Professions Code 5535
  • Person: includes a corporation as well as a natural person. See California Code of Civil Procedure 17
  • Person: includes a corporation as well as a natural person. See California Corporations Code 18
  • 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.
  • podiatric medicine: means the diagnosis, medical, surgical, mechanical, manipulative, and electrical treatment of the human foot, including the ankle and tendons that insert into the foot and the nonsurgical treatment of the muscles and tendons of the leg governing the functions of the foot. See California Business and Professions Code 2472
  • Polling place: means a location where a voter casts a ballot and includes the following terms, as applicable: poll, polling location, and vote center. See California Elections Code 338.5
  • 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
  • precinct board: means the board appointed by the elections official to serve at a vote center. See California Elections Code 339
  • Precinct board member: is a member of the precinct board and includes an election officer. See California Elections Code 339
  • Preservation: means rehabilitation, stabilization, restoration, development, and reconstruction, or any combination of those activities. See California Public Resources Code 75005
  • Preservation: means rehabilitation, stabilization, restoration, conservation, development, and reconstruction, or any combination of those activities. See California Public Resources Code 80002
  • 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.
  • 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
  • Process: signifies a writ or summons issued in the course of a judicial proceeding. See California Code of Civil Procedure 17
  • Professional limited liability partnership services: means the practice of architecture, the practice of public accountancy, the practice of engineering, the practice of land surveying, or the practice of law. See California Corporations Code 16101
  • Program: means the State Heritage Network Plan and Grants Program. See California Public Resources Code 5078
  • Project: means a land, building, improvement to the land or building, rehabilitation, work, property, or structure, real or personal, stationary or mobile, including, but not limited to, machinery and equipment utilized in the state, whether or not in existence or under construction, that utilizes, or is designed to utilize, an alternative source, or that is utilized for the design, technology transfer, manufacture, production, assembly, distribution, or service of advanced transportation technologies or alternative source components. See California Public Resources Code 26003
  • Property: means all property, real, personal, or mixed, tangible or intangible, or any interest therein. See California Corporations Code 16101
  • Property: includes both personal and real property. See California Code of Civil Procedure 17
  • Protection: means those actions necessary to prevent harm or damage to persons, property or natural resources or those actions necessary to allow the continued use and enjoyment of property or natural resources and includes acquisition, development, restoration, preservation and interpretation. See California Public Resources Code 75005
  • Protection: means those actions necessary to prevent harm or damage to persons, property, or natural, cultural, and historic resources, actions to improve access to public open-space areas, or actions to allow the continued use and enjoyment of property or natural, cultural, and historic resources, and includes site monitoring, acquisition, development, restoration, preservation, and interpretation. See California Public Resources Code 80002
  • Quorum: The number of legislators that must be present to do business.
  • Rebuttable presumption: shall be deemed a presumption which affects the burden of producing evidence. See California Elections Code 346
  • 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
  • Refunding warrants: refers to warrants drawn by the Controller on the General Fund pursuant to this article to provide funds for the payment of reimbursement warrants bearing a fixed maturity date or warrants issued pursuant to Section 17211. See California Government Code 17240
  • Registered limited liability partnership: means a partnership, other than a limited partnership, formed pursuant to an agreement governed by Article 10 (commencing with Section 16951), that is registered under Section 16953 and (i) each of the partners of which is a licensed person or a person licensed or authorized to provide professional limited liability partnership services in a jurisdiction or jurisdictions other than this state, (ii) is licensed under the laws of the state to engage in the practice of architecture, the practice of public accountancy, the practice of engineering, the practice of land surveying, or the practice of law, or (iii)(I) is related to a registered limited liability partnership that practices public accountancy or, to the extent permitted by the State Bar of California, practices law or is related to a foreign limited liability partnership and (II) provides services related or complementary to the professional limited liability partnership services provided by, or provides services or facilities to, that registered limited liability partnership or foreign limited liability partnership. See California Corporations Code 16101
  • Reimbursement warrants: refers to warrants drawn by the Controller on the General Fund pursuant to this article to reimburse the General Cash Revolving Fund for demands against the General Fund for which warrants were drawn against the General Cash Revolving Fund. See California Government Code 17240
  • Resources Agency: means the Secretary of the Resources Agency and any constituent units of the Resources Agency that the secretary determines to be necessary to accomplish the purposes of this chapter. See California Public Resources Code 5093.52
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • Restoration: means the improvement of physical structures or facilities and, in the case of natural systems and landscape features includes, but is not limited to, projects for the control of erosion, the control and elimination of exotic species, prescribed burning, fuel hazard reduction, fencing out threats to existing or restored natural resources, road elimination, and other plant and wildlife habitat improvement to increase the natural system value of the property. See California Public Resources Code 75005
  • Restoration: means the improvement of physical structures or facilities and, in the case of natural systems and landscape features, includes, but is not limited to, projects for the control of erosion, stormwater capture and storage or to otherwise reduce stormwater pollution, the control and elimination of invasive species, the planting of native species, the removal of waste and debris, prescribed burning, fuel hazard reduction, fencing out threats to existing or restored natural resources, road elimination, improving instream, riparian, or managed wetland habitat conditions, and other plant and wildlife habitat improvement to increase the natural system value of the property or coastal or ocean resource. See California Public Resources Code 80002
  • Revenue: means all rents, receipts, purchase payments, loan repayments, and all other income or receipts derived by the authority from a project, or the sale, lease, or other disposition of alternative source or advanced transportation technology facilities, or the making of loans to finance alternative source or advanced transportation technology facilities, and any income or revenue derived from the investment of money in any fund or account of the authority. See California Public Resources Code 26003
  • Right of offset: Banks' legal right to seize funds that a guarantor or debtor may have on deposit to cover a loan in default. It is also known as the right of set-off. Source: OCC
  • River: means the water, bed, and shoreline of rivers, streams, channels, lakes, bays, estuaries, marshes, wetlands, and lagoons, up to the first line of permanently established riparian vegetation. See California Public Resources Code 5093.52
  • Roster: means the official list of voters for an election, which may be in paper or electronic form. See California Elections Code 349.5
  • Sacramento-San Joaquin Valley: means lands in the bed or along or near the banks of the Sacramento River or San Joaquin River, or their tributaries or connected therewith, or upon any land adjacent thereto, or within the overflow basins thereof, or upon land susceptible to overflow therefrom. See California Government Code 65007
  • Secretary: means the Secretary of the Resources Agency. See California Public Resources Code 5093.32
  • Secretary: means the Secretary of the Resources Agency. See California Public Resources Code 5093.52
  • Secretary: means the Secretary of Food and Agriculture. See California Food and Agricultural Code 35
  • Secretary: means the Secretary of the Resources Agency. See California Public Resources Code 75005
  • Sell: includes offer for sale, expose for sale, possess for sale, exchange, barter, or trade. See California Food and Agricultural Code 44
  • Service of process: The service of writs or summonses to the appropriate party.
  • Signature: includes either of the following:

    California Elections Code 354.5

  • Signature: includes mark when the signer cannot write, such signer's name being written near the mark by a witness who writes his own name near the signer's name. See California Corporations Code 17
  • Software: includes all programs, voting devices, cards, ballot cards or papers, operating manuals or instructions, test procedures, printouts, and other nonmechanical or nonelectrical items necessary to the operation of a voting system. See California Elections Code 355
  • Special treatment areas: means , for purposes of this chapter, those areas defined as special treatment areas in Section 895. See California Public Resources Code 5093.52
  • Spouse: includes "registered domestic partner" as required by Section 297. See California Government Code 12.2
  • Spouse: includes "registered domestic partner" as required by Section 297. See California Code of Civil Procedure 17
  • Spouse: includes "registered domestic partner" as required by Section 297. See California Elections Code 356.5
  • Spouse: includes "registered domestic partner" as required by Section 297. See California Corporations Code 12.2
  • State: means the State of California, unless applied to the different parts of the United States. See California Government Code 18
  • State: means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or any territory or insular possession subject to the jurisdiction of the United States. See California Corporations Code 16101
  • State: means the State of California, unless applied to the different parts of the United States. See California Education Code 77
  • State: includes the District of Columbia and the territories when applied to the different parts of the United States, and the words "United States" may include the district and territories. See California Code of Civil Procedure 17
  • state agency: includes every state office, officer, department, division, bureau, board, and commission. See California Government Code 11000
  • State Board: means the State Water Resources Control Board. See California Public Resources Code 75005
  • State military emergency: as used in this part , means an emergency declared and terminable by the Governor by proclamation during, but not limited to, such times as the United States is conscripting personnel for service in the armed forces. See California Government Code 18540.2
  • Statement: means a statement of partnership authority under Section 16303, a statement of denial under Section 16304, a statement of dissociation under Section 16704, a statement of dissolution under Section 16805, a statement of conversion or a certificate of conversion under Section 16906, a statement of merger under Section 16915, or an amendment or cancellation of any of the foregoing. See California Corporations Code 16101
  • 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
  • Subdivision: means a subdivision of the section in which the term occurs unless some other section is expressly mentioned. See California Government Code 10
  • Subdivision: means a subdivision of the section in which the term appears unless some other section is expressly mentioned. See California Corporations Code 10
  • Subpoena duces tecum: A command to a witness to produce documents.
  • System: means the California wilderness preservation system. See California Public Resources Code 5093.32
  • System: means the California Wild and Scenic Rivers System. See California Public Resources Code 5093.52
  • 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
  • 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.
  • Town: includes "unincorporated town" and "village. See California Government Code 21
  • Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
  • Transfer: includes an assignment, conveyance, lease, mortgage, deed, and encumbrance. See California Corporations Code 16101
  • Trust: means a State Heritage Network Trust organized pursuant to subdivision (c) of Section 5078. See California Public Resources Code 5078
  • Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. Source: OCC
  • Unapplied money: means money in the General Fund in the treasury for which outstanding warrants have not already been drawn and which would remain in the General Fund if all outstanding warrants theretofore drawn were paid. See California Government Code 17220
  • Undetermined risk area: means an urban or urbanizing area within a moderate flood hazard zone, as delineated on an official flood insurance rate map issued by the Federal Emergency Management Agency, which has not been determined to have an urban level of protection. See California Government Code 65007
  • Uniform Commercial Code: A set of statutes enacted by the various states to provide consistency among the states' commercial laws. It includes negotiable instruments, sales, stock transfers, trust and warehouse receipts, and bills of lading. Source: OCC
  • Urban level of flood protection: means the level of protection that is necessary to withstand flooding that has a 1-in-200 chance of occurring in any given year using criteria consistent with, or developed by, the Department of Water Resources. See California Government Code 65007
  • User fees: Fees charged to users of goods or services provided by the government. In levying or authorizing these fees, the legislature determines whether the revenue should go into the treasury or should be available to the agency providing the goods or services.
  • 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.
  • Venue: The geographical location in which a case is tried.
  • visually impaired: means a person having central visual acuity not to exceed 20-200 in the better eye, with corrected lenses, or visual acuity greater than 20-200, but with a limitation in the field of vision such that the widest diameter of the visual field subtends at an angle of not greater than 20 degrees. See California Elections Code 2051
  • Vote center: means a location established for holding elections that offers the services described in Sections 2170, 4005, and 4007. See California Elections Code 357.5
  • Vote tabulating device: means any piece of equipment, other than a voting machine, that compiles a total of votes cast by means of ballot card sorting, ballot card reading, paper ballot scanning, electronic data processing, or a combination of that type of equipment. See California Elections Code 358
  • Voter: means any elector who is registered under this code. See California Elections Code 359
  • Voter list: means the list of registered voters in a single or consolidated precinct or in an entire county. See California Elections Code 359.2
  • Voter verified paper audit trail: means a paper cast vote record containing a copy of each of the voter's selections that allows each voter to confirm his or her selections before the voter casts his or her ballot for systems that do not contain a paper ballot. See California Elections Code 19271
  • 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
  • Voting device: means any device used in conjunction with a ballot card or cards to indicate the choice of the voter by marking, punching, or slotting the ballot card. See California Elections Code 360
  • Voting machine: means any electronic device, including, but not limited to, a precinct optical scanner and a direct recording voting system, into which a voter may enter his or her votes, and which, by means of electronic tabulation and generation of printouts or other tangible, human-readable records, furnishes a total of the number of votes cast for each candidate and for or against each measure. See California Elections Code 361
  • Voting system: means any voting machine, voting device, or vote tabulating device that does not use prescored punch card ballots. See California Elections Code 19252
  • Voting system: means a mechanical, electromechanical, or electronic system and its software, or any combination of these used for casting a ballot, tabulating votes, or both. See California Elections Code 362
  • Wilderness areas: means component areas of the system as described in Section 5093. See California Public Resources Code 5093.32
  • Will: includes codicil. See California Code of Civil Procedure 17
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.
  • Writ: means an order or precept in writing, issued in the name of the people, or of a court or judicial officer. See California Code of Civil Procedure 17
  • Writing: includes any form of recorded message capable of comprehension by ordinary visual means. See California Financial Code 8
  • Writing: includes printing and typewriting. See California Code of Civil Procedure 17