Chapter 1 Contracts in Restraint of Trade
Chapter 2 Combinations in Restraint of Trade
Chapter 2.5 Combinations to Obstruct Sales of Livestock
Chapter 4 Unfair Trade Practices
Chapter 5 Enforcement
Chapter 6.5 Reassignments
Chapter 7 Sales of Telephone and Other Communications Equipment

Terms Used In California Codes > Business and Professions Code > Division 7 > Part 2 - PRESERVATION AND REGULATION OF COMPETITION

  • Acquiring district: means a district in which all or a part of, a state-aided district or an applicant district has been included. See California Education Code 16733
  • act: as used in this division , means the Improvement Bond Act of 1915. See California Streets and Highways Code 9517
  • Action: includes a civil action and a special proceeding of a civil nature. See California Code of Civil Procedure 2016.020
  • Action: includes a civil action and a criminal action. See California Evidence Code 105
  • Adjourn: A motion to adjourn a legislative chamber or a committee, if passed, ends that day's session.
  • Administering agency: means any agency designated pursuant to Section 25502 of the Health and Safety Code. See California Education Code 17210
  • 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
  • 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.
  • 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
  • Allegation: something that someone says happened.
  • 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
  • ammunition: includes , but is not limited to, any bullet, cartridge, magazine, clip, speed loader, autoloader, ammunition feeding device, or projectile capable of being fired from a firearm with a deadly consequence. See California Penal Code 16150
  • Amortization: Paying off a loan by regular installments.
  • Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
  • Apparent owner: means the person who appears from the records of the holder to be entitled to property held by the holder. See California Code of Civil Procedure 1501
  • Application: means a request for payment from the fund submitted to the Secretary of State pursuant to this chapter. See California Corporations Code 2281
  • Apportionment: means an apportionment made under this chapter unless the context otherwise requires. See California Education Code 16502
  • Apportionment: means an apportionment made under this chapter unless the context otherwise requires. See California Education Code 16702
  • 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
  • assessment: as used in this chapter , shall have the same meaning as the term "evaluation" in the Individuals with Disabilities Education Act, as provided in Section 1414 of Title 20 of the United States Code. See California Education Code 56302.5
  • At large: means the election of members of the board of directors all of whom are elected by the voters of the entire district. See California Government Code 61002
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • 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 Community Revitalization and Investment Authority created pursuant to this division. See California Government Code 62000
  • 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.
  • Banking organization: means any national or state bank, trust company, banking company, land bank, savings bank, safe-deposit company, private banker, or any similar organization. See California Code of Civil Procedure 1501
  • 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
  • bioanalyst: means a person licensed under Section 1260 to engage in clinical laboratory practice and direction of a clinical laboratory. See California Business and Professions Code 1203
  • Board: means the State Mining and Geology Board. See California Public Resources Code 2693
  • Board: means the governing board of a community college district. See California Education Code 81902
  • Board: means the State Allocation Board. See California Education Code 16502
  • Board: means the board of supervisors of a county which establishes or proposes to establish an agricultural preserve or which enters or proposes to enter into a contract on land within an agricultural preserve pursuant to this chapter. See California Government Code 51201
  • Board: means the State Allocation Board. See California Education Code 16702
  • board: refers to the State Board of Chiropractic Examiners. See California Business and Professions Code 1050
  • Board: as used in this chapter , means the regional planning board. See California Government Code 65060.4
  • board of directors: means the Board of Directors of the California Exposition and State Fair. See California Food and Agricultural Code 3303
  • Board of directors: means the board of directors of a district that establishes policies for the operation of the district. See California Government Code 61002
  • Bureau: means the Cemetery and Funeral Bureau. See California Business and Professions Code 7601
  • bus: is a ny vehicle, including a trailer bus, designed, used, or maintained for carrying more than 15 persons including the driver. See California Vehicle Code 233
  • business: includes a proprietorship, partnership, corporation, and any other form of commercial enterprise. See California Vehicle Code 234
  • Business association: means any private corporation, joint stock company, business trust, partnership, or any association for business purposes of two or more individuals, whether or not for profit, including, but not by way of limitation, a banking organization, financial organization, life insurance corporation, and utility. See California Code of Civil Procedure 1501
  • business opportunity: shall include the sale or lease of the business and goodwill of an existing business enterprise or opportunity. See California Business and Professions Code 10030
  • By divisions: means the election of members of the board of directors who are residents of the division from which they are elected only by voters of the division. See California Government Code 61002
  • certified family home: means an individual or family certified by a licensed foster family agency and issued a certificate of approval by that agency as meeting licensing standards, and used exclusively by that foster family agency for placements. See California Health and Safety Code 1506
  • chamber load indicator: means a device that plainly indicates that a cartridge is in the firing chamber. See California Penal Code 16380
  • Change in laboratory director: means any change in the laboratory director or directors to whom the current license or registration is issued. See California Business and Professions Code 1211
  • Change in ownership: means any change in the persons who are owners. See California Business and Professions Code 1211
  • City: includes "city and county" and "incorporated town. See California Streets and Highways Code 15
  • City: includes "city and county" and "incorporated town" but does not include "unincorporated town" or "village. See California Government Code 20
  • City: includes every city and city and county within this State. See California Vehicle Code 255
  • city: means the county or city having jurisdiction over the land. See California Government Code 51201
  • City: includes city and county. See California Business and Professions Code 18
  • 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
  • CLIA laboratory director: means the person identified as the laboratory director on the CLIA certificate issued to the laboratory by the federal Centers for Medicare and Medicaid Services (CMS). See California Business and Professions Code 1209
  • clinical histocompatibility scientist: means any person, other than a person licensed to direct a clinical laboratory, or licensed as a clinical laboratory scientist or trainee, who is licensed under Sections 1261, 1261. See California Business and Professions Code 1210
  • clinical laboratory scientist: means any person, other than a licensed clinical laboratory bioanalyst or trainee, who is licensed under Sections 1261 and 1262 to engage in clinical laboratory practice under the overall operation and administration of a laboratory director, unless serving as a director of a waived laboratory as provided in Section 1209. See California Business and Professions Code 1204
  • Commercial development project: means any project involving the issuance of a permit by an underlying land use jurisdiction for construction, not including remodeling of an existing property, that is undertaken within the San Francisco Bay area for the development of land for commercial use, but does not include any project involving solely a permit to operate. See California Government Code 64620
  • Commercial linkage fee: means a monetary exaction, other than a tax or special assessment, established for a broad class of projects by legislation of general applicability that is charged to an applicant in connection with the approval of a commercial development project by an underlying land use jurisdiction for the purpose of addressing the need for additional housing development necessitated by that commercial development project, as determined pursuant to the nexus study undertaken pursuant to subdivision (b) of Section 64621. See California Government Code 64620
  • Commercial purposes: include the determination of the weight, measure, or count of any commodity or thing that is sold on the basis of weight, measure, or count. See California Business and Professions Code 12500
  • Commercial real property: includes any part, portion, or unit thereof, and any related facilities, space, or services, except the following:

    California Civil Code 1954.26

  • Commercial real property: has the meaning specified in subdivision (d) of Section 1954. See California Civil Code 1993
  • Commercial rental control: includes any action of a public entity taken by statute, charter, ordinance, resolution, administrative regulation, or any other governmental enactment to establish, continue, implement, or enforce any control or system of controls, on the price at which, or the term for which, commercial real property may be offered for rent, or control or system of controls which would select, mandate, dictate, or otherwise designate a specific tenant or specific person or entity with whom the owner must negotiate on the formation, extension, or renewal of a tenancy. See California Civil Code 1954.26
  • commercial vehicle: is a motor vehicle of a type required to be registered under this code used or maintained for the transportation of persons for hire, compensation, or profit or designed, used, or maintained primarily for the transportation of property. See California Vehicle Code 260
  • Commission: means the Seismic Safety Commission. See California Public Resources Code 2693
  • commission: means the California Transportation Commission. See California Government Code 14002.5
  • Commission: means the Seismic Safety Commission. See California Public Resources Code 2811
  • Commissioner: means any county agricultural commissioner. See California Food and Agricultural Code 26
  • Committee: means the Pooled Money Investment Board. See California Government Code 17220
  • Community care facility: means any facility, place, or building that is maintained and operated to provide nonmedical residential care, day treatment, adult daycare, or foster family agency services for children, adults, or children and adults, including, but not limited to, the physically handicapped, mentally impaired, incompetent persons, and abused or neglected children, and includes the following:

    California Health and Safety Code 1502

  • Community college: means a community college maintained by the district issuing bonds under this chapter. See California Education Code 81902
  • Community estate: includes both community property and quasi-community property. See California Family Code 63
  • Comparable units: means rental units that have approximately the same living space, have the same number of bedrooms, are located in the same or similar neighborhoods, and feature the same, similar, or equal amenities and housing services. See California Civil Code 1954.51
  • Compatible use: includes agricultural use, recreational use or open-space use unless the board or council finds after notice and hearing that the use is not compatible with the agricultural, recreational or open-space use to which the land is restricted by contract pursuant to this chapter. See California Government Code 51201
  • Concurrent resolution: A legislative measure, designated "S. Con. Res." and numbered consecutively upon introduction, generally employed to address the sentiments of both chambers, to deal with issues or matters affecting both houses, such as a concurrent budget resolution, or to create a temporary joint committee. Concurrent resolutions are not submitted to the President/Governor and thus do not have the force of law.
  • Construction: includes :

    California Streets and Highways Code 29

  • consultant-evaluator: means a consultant or evaluator who, in the course of that person's profession is loaned firearms from a person licensed pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code and the regulations issued pursuant thereto, for research or evaluation, and has a current certificate of eligibility issued pursuant to Section 26710. See California Penal Code 16410
  • Continuance: Putting off of a hearing ot trial until a later time.
  • 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
  • Corporation: as used in this part and Part 5 (commencing with Section 9910), refers to corporations defined in subdivisions (b), (c), and (d). See California Corporations Code 5046
  • Correct: means any weight or measure or weighing, measuring, or counting instrument that meet all of the tolerance and specification requirements established by the secretary pursuant to Section 12107. See California Business and Professions Code 12500
  • costs: includes only the following:

    California Code of Civil Procedure 1297.411

  • Council: means the city council of a city which establishes or proposes to establish an agricultural preserve or which enters or proposes to enter into a contract on land within an agricultural preserve pursuant to this chapter. See California Government Code 51201
  • Council: as used in this chapter , means the Planning Advisory and Assistance Council established pursuant to subdivision (a) of Section 65040. See California Government Code 65028.1
  • Council of governments: means a single or multicounty council created by a joint powers agreement pursuant to Chapter 5 (commencing with Section 6500) of Division 1 of Title 1. See California Government Code 65582
  • County: includes city and county. See California Food and Agricultural Code 29
  • County: means the county, or city and county, in which all or a majority of the assessed valuation of the community college district lies at the time bonds are issued under this chapter. See California Education Code 81902
  • County: includes city and county. See California Government Code 19
  • County: includes city and county. See California Health and Safety Code 14
  • County: includes every county and city and county within this State. See California Vehicle Code 270
  • County: includes city and county. See California Business and Professions Code 17
  • County: includes "city and county. See California Code of Civil Procedure 17
  • 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 Family Code 67
  • county: includes the City and County of San Francisco. See California Public Resources Code 2693
  • County treasurer: means the treasurer of the county in which all or a majority of the assessed valuation of the district lies at the time bonds are issued under this chapter. See California Education Code 81902
  • Court: means the trial court in which the action is pending, unless otherwise specified. See California Code of Civil Procedure 2016.020
  • Credit report: A detailed report of an individual's credit history prepared by a credit bureau and used by a lender in determining a loan applicant's creditworthiness. Source: OCC
  • 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.
  • deed of trust: as used in this part includes "mortgage. See California Business and Professions Code 10028
  • Deliver: means to deliver by personal service or by placing a copy of the notice in the mail, postage prepaid, by certified mail, return receipt requested, addressed to the party at the address for the receipt of notices under the lease. See California Civil Code 1954.26
  • Department: means the Department of Consumer Affairs. See California Business and Professions Code 7601
  • Department: means the State Department of Education. See California Education Code 16502
  • department: means State Department of Health Services. See California Health and Safety Code 20
  • Department: means the Department of Motor Vehicles except, when used in Chapter 2 (commencing with Section 2100) of Division 2 and in Divisions 11 (commencing with Section 21000), 12 (commencing with Section 24000), 13 (commencing with Section 29000), 14 (commencing with Section 31600), 14. See California Vehicle Code 290
  • 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 State Department of Public Health. See California Business and Professions Code 1202
  • Department: means the Department of Transportation. See California Government Code 14002.5
  • Department: means the Department of Housing and Community Development. See California Government Code 65582
  • 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.
  • designated instruction and services: means "related services" as that term is defined in Section 1401(26) of Title 20 of the United States Code and Section 300. See California Education Code 56363
  • Developer: means any person who enters into an agreement with a redevelopment agency for the purpose of developing specific commercial real property within a redevelopment project area with the intention of acquiring ownership of that property, even if that person does not own that property when the agreement is executed. See California Civil Code 1954.26
  • Development: means , as used in Section 51223, the construction of buildings or the use of the restricted property if the buildings or use are unrelated to the agricultural use, the open-space use, or uses compatible with either agricultural or open-space uses of the property, or substantially impair the agricultural, open-space, or a combination of the agricultural and open-space uses of the property. See California Government Code 51201
  • Director: means the Director of Education for kindergarten and grades 1 to 12, inclusive. See California Education Code 16502
  • Director: means the Director of Education. See California Education Code 16702
  • Director: means the Director of Social Services. See California Health and Safety Code 1502
  • Director: means the Director of Transportation. See California Government Code 14002.5
  • 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
  • disabled person: is a ny of the following:

    California Vehicle Code 295.5

  • disabled veteran: is a ny person who, as a result of injury or disease suffered while on active service with the armed forces of the United States, suffers any of the following:

    California Vehicle Code 295.7

  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • 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

  • District: as used in this chapter , means a regional planning district created by the Office of Planning and Research pursuant to Section 65040. See California Government Code 65028.2
  • District: as used in this chapter , means a district created and operating under this chapter. See California Government Code 65060.3
  • District: means a community services district created pursuant to this division or any of its statutory predecessors. See California Government Code 61002
  • Districts: means school districts of every kind or class. See California Education Code 35514
  • driver: is a person who drives or is in actual physical control of a vehicle. See California Vehicle Code 305
  • drop safety requirement for handguns: means that at the conclusion of the firing requirements for handguns described in Section 31905, the same certified independent testing laboratory shall subject the same three handguns of the make and model for which certification is sought, to the following test:

    California Penal Code 31900

  • effective date: means January 1, 1977. See California Corporations Code 2300
  • electrified security fence: means any fence, other than an electrified fence described in Section 17151 of the Food and Agricultural Code, that meets the following requirements:

    California Civil Code 835

  • 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
  • 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 to 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, which the corporation has provided from time to time to shareholders or members and directors for sending communications to the corporation, (2) posting on an electronic message board or network which the corporation has designated for those communications, and which transmission shall be validly delivered upon the posting, or (3) other means of electronic communication, (b) as to which the corporation has placed in effect reasonable measures to verify that the sender is the shareholder or member (in person or by proxy) or director purporting to send the 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 21
  • Electronically stored information: means information that is stored in an electronic medium. See California Code of Civil Procedure 2016.020
  • Employee benefit plan distribution: means any money, life insurance, endowment or annuity policy or proceeds thereof, securities or other intangible property, or any tangible property, distributable to a participant, former participant, or the beneficiary or estate or heirs of a participant or former participant or beneficiary, from a trust or custodial fund established under a plan to provide health and welfare, pension, vacation, severance, retirement benefit, death benefit, stock purchase, profit sharing, employee savings, supplemental unemployment insurance benefits or similar benefits, or which is established under a plan by a business association functioning as or in conjunction with a labor union which receives for distribution residuals on behalf of employees working under collective-bargaining agreements. See California Code of Civil Procedure 1501
  • Enhanced behavioral supports home: means a facility certified by the State Department of Developmental Services pursuant to Article 3. See California Health and Safety Code 1502
  • 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.
  • Environmental assessor: means an environmental professional as defined in Section 312. See California Education Code 17210
  • Escheat: Reversion of real or personal property to the state when 1) a person dies without leaving a will and has no heirs, or 2) when the property (such as a bank account) has been inactive for a certain period of time. Source: OCC
  • 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
  • Executor: A male person named in a will to carry out the decedent
  • Fair Credit Reporting Act: A federal law, established in 1971 and revised in 1997, that gives consumers the right to see their credit records and correct any mistakes. Source: OCC
  • 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.
  • Fair market value: means the estimated fair market value of goods, services, facilities or anything of value other than money. See California Government Code 82025.5
  • Federal Reserve System: The central bank of the United States. The Fed, as it is commonly called, regulates the U.S. monetary and financial system. The Federal Reserve System is composed of a central governmental agency in Washington, D.C. (the Board of Governors) and twelve regional Federal Reserve Banks in major cities throughout the United States. Source: OCC
  • Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
  • field crop products: includes grain crops, dry bean crops, seeds, forage crops, fiber crops, and other field crops and the manufactured products and byproducts of such field crops. See California Food and Agricultural Code 52001
  • 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
  • Financial organization: means any federal or state savings and loan association, building and loan association, credit union, investment company, or any similar organization. See California Code of Civil Procedure 1501
  • firearm: includes the frame or receiver of the weapon:

    California Penal Code 16520

  • firearm safety certificate: means a certificate issued by the Department of Justice pursuant to Sections 31610 to 31700, inclusive, or pursuant to former Article 8 (commencing with Section 12800) of Chapter 6 of Title 2 of Part 4, as that article was operative at any time from January 1, 2003, until it was repealed by the Deadly Weapons Recodification Act of 2010. See California Penal Code 16535
  • firing requirement for handguns: means a test in which the manufacturer provides three handguns of the make and model for which certification is sought to an independent testing laboratory certified by the Attorney General pursuant to Section 32010. See California Penal Code 31905
  • 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
  • Forbearance: A means of handling a delinquent loan. A
  • 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
  • Foster family agency: means any public agency or private organization, organized and operated on a nonprofit basis, engaged in any of the following:

    California Health and Safety Code 1502

  • Foster family home: means any residential facility providing 24-hour care for six or fewer foster children that is owned, leased, or rented and is the residence of the foster parent or parents, including their family, in whose care the foster children have been placed. See California Health and Safety Code 1502
  • Foster family home: includes a small family home as defined in paragraph (6) of subdivision (a) of Section 1502 of the Health and Safety Code, a certified family home of a foster family agency as defined in Section 1506 of the Health and Safety Code, and a resource family as defined in Section 1517 of the Health and Safety Code and Section 16519. See California Education Code 56155.5
  • Foundation program: means those elements of library service which are basic to its function as a provider of information, education, and cultural enrichment to all segments of the community, including, but not limited to, collection development and maintenance, lending services, information services, facility maintenance, and administration. See California Education Code 18015
  • Frequent user coordinated care housing services: means housing combined with other supportive services for homeless persons identified by a city or county as the most costly, frequent users of publicly funded emergency services. See California Government Code 65582
  • From divisions: means the election of members of the board of directors who are residents of the division from which they are elected by the voters of the entire district. See California Government Code 61002
  • Functional plan: as used in this chapter , means an intermediate- or short-range plan for the operation of a discrete function of state government. See California Government Code 65026
  • Fund: means the Victims of Corporate Fraud Compensation Fund created by Section 2280. See California Corporations Code 2281
  • garage: is a building or other place wherein the business of storing or safekeeping vehicles of a type required to be registered under this code and which belong to members of the general public is conducted for compensation. See California Vehicle Code 340
  • Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
  • General manager: means the highest level management appointee who is directly responsible to the board of directors for the implementation of the policies established by the board of directors. See California Government Code 61002
  • Geotechnical report: means a report prepared by a certified engineering geologist or a civil engineer practicing within the area of his or her competence, which identifies seismic hazards and recommends mitigation measures to reduce the risk of seismic hazard to acceptable levels. See California Public Resources Code 2693
  • Grantor: The person who establishes a trust and places property into it.
  • Group home: means a residential facility that provides 24-hour care and supervision to children, delivered at least in part by staff employed by the licensee in a structured environment. See California Health and Safety Code 1502
  • Guarantor: A party who agrees to be responsible for the payment of another party's debts should that party default. Source: OCC
  • gunsmith: means any person who is licensed as a dealer pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code and the regulations issued pursuant thereto, who is engaged primarily in the business of repairing firearms, or making or fitting special barrels, stocks, or trigger mechanisms to firearms, or the agent or employee of that person. See California Penal Code 16630
  • handgun: means any pistol, revolver, or firearm capable of being concealed upon the person. See California Penal Code 16640
  • Handle: has the meaning the term is given in Article 1 (commencing with Section 25500) of Chapter 6. See California Education Code 17210
  • Hazardous air emissions: means emissions into the ambient air of air contaminants that have been identified as a toxic air contaminant by the State Air Resources Board or by the air pollution control officer for the jurisdiction in which the project is located. See California Education Code 17210
  • Hazardous material: has the meaning the term is given in subdivision (d) of Section 25260 of the Health and Safety Code. See California Education Code 17210
  • health fair: means a program of health assessment procedures offered to the general public that may include screening, self-ordered, or diagnostic clinical laboratory tests or examinations performed by a clinical laboratory licensed or registered under subdivision (a) of Section 1265 that meets all the requirements of this chapter. See California Business and Professions Code 1214
  • Highway: is a way or place of whatever nature, publicly maintained and open to the use of the public for purposes of vehicular travel. See California Vehicle Code 360
  • histocompatibility laboratory director: means a physician and surgeon licensed to practice medicine pursuant to Chapter 5 (commencing with Section 2000) who is qualified pursuant to Section 1209, a bioanalyst licensed pursuant to Section 1260 who is qualified pursuant to Sections 1203 and 1209, or a person who has earned a doctoral degree in a biological science, who has completed, subsequent to graduation, four years of experience in immunology, two of which have been in histocompatibility testing. See California Business and Professions Code 1209.1
  • Holder: means any person in possession of property subject to this chapter belonging to another, or who is trustee in case of a trust, or is indebted to another on an obligation subject to this chapter. See California Code of Civil Procedure 1501
  • Impasse notice: means a written notice which states either of the following:

    California Civil Code 1954.26

  • Impeachment: (1) The process of calling something into question, as in "impeaching the testimony of a witness." (2) The constitutional process whereby the House of Representatives may "impeach" (accuse of misconduct) high officers of the federal government for trial in the Senate.
  • Incorrect: means any instrument that fails to meet all of the requirements of Section 12107. See California Business and Professions Code 12500
  • 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.
  • Indirect ownership interest: means an ownership interest in an entity that has an ownership interest in a clinical laboratory, and includes an ownership interest in any entity that has an indirect ownership interest in a clinical laboratory. See California Business and Professions Code 1211
  • Individual behavior supports plan: means the plan that identifies and documents the behavior and intensive support and service needs of a consumer and details the strategies to be employed and services to be provided to address those needs, and includes the entity responsible for providing those services and timelines for when each identified individual behavior support will commence. See California Health and Safety Code 1567.61
  • Individual behavior supports team: means those individuals who develop, monitor, and revise the individual behavior supports plan for consumers residing in an enhanced behavioral supports home, pursuant to subdivision (d) of Section 4684. See California Health and Safety Code 1567.61
  • initiative: means the California Initiative to Advance Precision Medicine established in Section 65057. See California Government Code 65056
  • Intangible property: Property that has no intrinsic value, but is merely the evidence of value such as stock certificates, bonds, and promissory notes.
  • Inter vivos: Transfer of property from one living person to another living person.
  • Interrogatories: Written questions asked by one party of an opposing party, who must answer them in writing under oath; a discovery device in a lawsuit.
  • 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.
  • 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.
  • 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
  • jurisdiction: means a city, city and county, or county. See California Government Code 65582
  • knowingly: import s only a knowledge that the facts exist which bring the act or omission within the provisions of this code. See California Penal Code 7
  • laboratory director: means any person who is any of the following:

    California Business and Professions Code 1209

  • Landlord: means any operator, keeper, lessor, or sublessor of any furnished or unfurnished premises for hire, or his or her agent or successor in interest. See California Civil Code 1980
  • Landlord: means any operator, keeper, lessor, or sublessor of any furnished or unfurnished premises for hire, or his or her agent or successor in interest. See California Civil Code 1993
  • large-capacity magazine: means any ammunition feeding device with the capacity to accept more than 10 rounds, but shall not be construed to include any of the following:

    California Penal Code 16740

  • Latent power: means those services and facilities authorized by Part 3 (commencing with Section 61100) that the local agency formation commission has determined, pursuant to subdivision (i) of Section 56425, that a district did not provide prior to January 1, 2006. See California Government Code 61002
  • Legacy: A gift of property made by will.
  • Legatee: A beneficiary of a decedent
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • library districts: as used in this chapter mean "union high school library district. See California Education Code 18301
  • library trustees: as used in this chapter mean the regularly elected union high school trustees who reside within the library district. See California Education Code 18300
  • license: means a basic permit to operate a community care facility. See California Health and Safety Code 1503
  • license: shall include a permit or a certificate issued by a state agency. See California Penal Code 23
  • licensing agency: means a panel of the Division of Medical Quality. See California Business and Professions Code 825
  • Licensing board: means any board, as defined in Section 22, the State Bar of California, and the Department of Real Estate. See California Business and Professions Code 30
  • Life estate: A property interest limited in duration to the life of the individual holding the interest (life tenant).
  • Life insurance corporation: means any association or corporation transacting the business of insurance on the lives of persons or insurance appertaining thereto, including, but not by way of limitation, endowments, and annuities. See California Code of Civil Procedure 1501
  • listing: as used in this part includes, but is not limited to:

    California Business and Professions Code 10027

  • local agency: means any city, county, or special district, or subdivision thereof, which is authorized to provide solid waste handling services. See California Public Resources Code 25741
  • Local authorities: means the legislative body of every county or municipality having authority to adopt local police regulations. See California Vehicle Code 385
  • Local consumer affairs agency: means and includes any city or county body which primarily provides consumer protection services. See California Business and Professions Code 17201.5
  • 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
  • machinegun: means any weapon that shoots, is designed to shoot, or can readily be restored to shoot, automatically more than one shot, without manual reloading, by a single function of the trigger. See California Penal Code 16880
  • magazine disconnect mechanism: means a mechanism that prevents a semiautomatic pistol that has a detachable magazine from operating to strike the primer of ammunition in the firing chamber when a detachable magazine is not inserted in the semiautomatic pistol. See California Penal Code 16900
  • malfunction: means a failure to properly feed, fire, or eject a round, or failure of a pistol to accept or eject the magazine, or failure of a pistol's slide to remain open after the magazine has been expended. See California Penal Code 31905
  • maliciously: import a wish to vex, annoy, or injure another person, or an intent to do a wrongful act, established either by proof or presumption of law. See California Penal Code 7
  • manufactured home: means a structure as defined in Section 18007 of the Health and Safety Code, and "mobilehome" means a structure as defined in Section 18008 of the Health and Safety Code. See California Business and Professions Code 10131.6
  • Markup: The process by which congressional committees and subcommittees debate, amend, and rewrite proposed legislation.
  • Measuring instrument: means any device, contrivance, apparatus, or instrument used, or designed to be used, for ascertaining measure and includes any tool, appliance, or accessory used or connected therewith. See California Business and Professions Code 12500
  • mineral right: means an interest in minerals, regardless of character, whether fugacious or nonfugacious, organic or inorganic, that is created by grant or reservation, regardless of form, whether a fee or lesser interest, mineral, royalty, or leasehold, absolute or fractional, corporeal or incorporeal, and includes express or implied appurtenant surface rights. See California Civil Code 883.110
  • Mitigation: means those measures that are consistent with established practice and that will reduce seismic risk to acceptable levels. See California Public Resources Code 2693
  • month: means a calendar month, unless otherwise expressed. See California Civil Code 14
  • Month: means a calendar month, unless otherwise expressed. See California Code of Civil Procedure 17
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Mortgage loan: A loan made by a lender to a borrower for the financing of real property. Source: OCC
  • motor vehicle: includes a recreational vehicle as that term is defined in subdivision (a) of Section 18010 of the Health and Safety Code, but does not include a truck camper. See California Vehicle Code 415
  • municipally owned transit system: means a transit system owned by a city, or by a district created under Part 1 (commencing with Section 24501) of Division 10 of the Public Utilities Code. See California Education Code 39800
  • 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
  • negligently: import a want of such attention to the nature or probable consequences of the act or omission as a prudent man ordinarily bestows in acting in his own concerns. See California Penal Code 7
  • Negotiation notice: means a written notice by a tenant in privity of estate, and in privity of contract with the owner, stating either of the following:

    California Civil Code 1954.26

  • new law: means this division of the Corporations Code as amended by act of the California Legislature, 1975-76 Regular Session, effective January 1, 1977, and as in effect on that date. See California Corporations Code 2300
  • Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
  • 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
  • Noxious weed seed: means the seed or propagule of any species of noxious weed, as defined in Section 5004. See California Food and Agricultural Code 52256
  • Oath: A promise to tell the truth.
  • Office: as used in this chapter means the Office of Planning and Research. See California Government Code 65025
  • office: means the Office of Emergency Services. See California Public Resources Code 2811
  • Official census: as used in this chapter , means any decennial or special federal census, or an official estimate of the State Department of Finance. See California Government Code 65060.5
  • official traffic control signal: is a ny device, whether manually, electrically or mechanically operated, by which traffic is alternately directed to stop and proceed and which is erected by authority of a public body or official having jurisdiction. See California Vehicle Code 445
  • 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
  • oral and maxillofacial pathologist: means any person licensed by the department under Section 1264 to engage in, or supervise others engaged in, clinical laboratory practice limited to his or her area of specialization or to direct a clinical laboratory, or portion thereof, limited to his or her area of specialization. See California Business and Professions Code 1207
  • Oral argument: An opportunity for lawyers to summarize their position before the court and also to answer the judges' questions.
  • order: include a decree, as appropriate under the circumstances. See California Family Code 100
  • Original district: means a state-aided or applicant district included in whole or in part in an acquiring district. See California Education Code 16733
  • Owner: means a depositor in case of a deposit, a beneficiary in case of a trust, or creditor, claimant, or payee in case of other choses in action, or any person having a legal or equitable interest in property subject to this chapter, or his or her legal representative. See California Code of Civil Procedure 1501
  • Owner: includes any person, acting as principal or through an agent, having the right to offer commercial real property for rent, and includes any predecessor in interest to the owner. See California Civil Code 1954.26
  • Owner: includes any person, acting as principal or through an agent, having the right to offer residential real property for rent, and includes a predecessor in interest to the owner, except that this term does not include the owner or operator of a mobilehome park, or the owner of a mobilehome or his or her agent. See California Civil Code 1954.51
  • Owner: means any person other than the landlord who has any right, title, or interest in personal property. See California Civil Code 1980
  • owner: is a person having all the incidents of ownership, including the legal title of a vehicle whether or not such person lends, rents, or creates a security interest in the vehicle. See California Vehicle Code 460
  • Owner: means any person other than the landlord who has any right, title, or interest in property. See California Civil Code 1993
  • ownership interest: means the possession of equity in capital, stock, or profits. See California Business and Professions Code 1211
  • Ownership or management: means the ownership or management of a cooperative or condominium for floating homes. See California Civil Code 800.300
  • Parkfield characteristic earthquake: means an earthquake that has, among other qualities, a magnitude between 5. See California Public Resources Code 2801
  • Parkfield prototype earthquake prediction system: means a dense cluster of instruments along the Parkfield section of the San Andreas fault which monitors earthquake activity, local distortion of the Earth's crust, strain levels, creep adjustments along the fault, and other phenomena which may be useful in making a short-term earthquake prediction. See California Public Resources Code 2801
  • 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
  • peace officer: signify any one of the officers mentioned in Chapter 4. See California Penal Code 7
  • Person: includes a natural person, firm, association, organization, partnership, business trust, corporation, limited liability company, or public entity. See California Evidence Code 175
  • Person: means any person, firm, partnership, association, corporation, organization, limited liability company, or business trust. See California Streets and Highways Code 19
  • 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: includes any person, firm, association, organization, partnership, limited liability company, business trust, corporation, or company. See California Government Code 17
  • Person: means any person, firm, association, organization, partnership, business trust, corporation, limited liability company, or company. See California Health and Safety Code 19
  • Person: means any individual, business association, government or governmental subdivision or agency, two or more persons having a joint or common interest, or any other legal or commercial entity, whether that person is acting in his or her own right or in a representative or fiduciary capacity. See California Code of Civil Procedure 1501
  • person: includes firm, association, partnership, individual, limited liability company, and corporation. See California Business and Professions Code 1201
  • 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 Penal Code 7
  • person: includes an individual, partnership, firm, association, or corporation. See California Business and Professions Code 17360
  • Person: includes a natural person, firm, copartnership, association, limited liability company, or corporation. See California Vehicle Code 470
  • Person: includes a corporation as well as a natural person. See California Corporations Code 18
  • Person: includes a natural person, firm, association, organization, partnership, business trust, corporation, limited liability company, or public entity. See California Family Code 105
  • personal property: include money, goods, chattels, things in action, and evidences of debt. See California Civil Code 14
  • Personal property: includes money, goods, chattels, things in action, and evidences of debt. See California Code of Civil Procedure 17
  • persons: includes corporations, firms, partnerships and associations existing under or authorized by the laws of this State or any other State, or any foreign country. See California Business and Professions Code 16702
  • Phase I environmental assessment: means a preliminary assessment of a property to determine whether there has been or may have been a release of a hazardous material, or whether a naturally occurring hazardous material is present, based on reasonably available information about the property and the area in its vicinity. See California Education Code 17210
  • Plan: means a community revitalization and investment plan and shall be deemed to be the plan described in Section 16 of Article XVI of the California Constitution. See California Government Code 62000
  • Plan area: means territory included within a community revitalization and investment area. See California Government Code 62000
  • Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
  • Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
  • Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
  • 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.
  • Preliminary endangerment assessment: means an activity that is performed to determine whether current or past hazardous material management practices or waste management practices have resulted in a release or threatened release of hazardous materials, or whether naturally occurring hazardous materials are present, which pose a threat to children's health, children's learning abilities, public health or the environment. See California Education Code 17210
  • Premises: includes any common areas associated therewith. See California Civil Code 1980
  • Premises: includes any common areas associated therewith. See California Civil Code 1993
  • Preparedness: means long-term preearthquake hazard mitigation, reconstruction, and recovery planning and preparation for emergency response. See California Public Resources Code 2811
  • Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
  • Prevailing market rent: means the rental rate that would be authorized pursuant to 42 U. See California Civil Code 1954.51
  • Price: includes any charge or fee, however denominated, for the hiring of commercial real property and includes any security or deposit subject to Section 1950. See California Civil Code 1954.26
  • Principal county: means the county having all or the greatest portion of the entire assessed valuation, as shown on the last equalized assessment roll of the county or counties, of all taxable property in the district. See California Government Code 61002
  • prior law: means the applicable law as in effect prior to January 1, 1977. See California Corporations Code 2300
  • Private alternative boarding school: means a group home licensed by the department to operate a program pursuant to Section 1502. See California Health and Safety Code 1502
  • Private alternative outdoor program: means a group home licensed by the department to operate a program pursuant to Section 1502. See California Health and Safety Code 1502
  • private school: is a ny school, whether conducted for profit or not, giving a course of training similar to that given in a public school at or below the twelfth grade, including but not limited to schools owned or operated by any church. See California Vehicle Code 492
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Probate: Proving a will
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Probation officers: Screen applicants for pretrial release and monitor convicted offenders released under court supervision.
  • Proceeding: includes an action. See California Family Code 110
  • Process: includes all writs, warrants, summons, and orders of courts of justice, or judicial officers. See California Government Code 26660
  • 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
  • Project: means any one or more dormitories or other housing facilities, boarding facilities, student union or activity facilities, vehicle parking facilities, or any other auxiliary or supplementary facilities for individual or group accommodation, owned or operated or authorized to be acquired, constructed, furnished, equipped, and operated by the board for use by students, faculty members, or other employees of any one or more community colleges, or a combination of such facilities, which may include facilities already completed and facilities authorized for future completion, designated by the board as a project in providing for the issuance of revenue bonds. See California Education Code 81902
  • Project: means the purposes for which a school district has applied for an apportionment. See California Education Code 16502
  • Project: means the purpose or purposes for which a school district has applied for an apportionment or apportionments. See California Education Code 16702
  • 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
  • project: means either of the following:

    California Public Resources Code 2621.6

  • Property: includes real property, and to the extent applicable, personal property. See California Code of Civil Procedure 760.010
  • Property: includes both personal and real property. See California Code of Civil Procedure 17
  • property: includes both real and personal property. See California Penal Code 7
  • Property: includes real and personal property and any interest therein. See California Family Code 113
  • Proposed schoolsite: means real property acquired or to be acquired or proposed for use as a schoolsite, prior to its occupancy as a school. See California Education Code 17210
  • Proxy voting: The practice of allowing a legislator to cast a vote in committee for an absent legislator.
  • public agency: includes every port district, river port district, municipal port district, harbor district, harbor improvement district, joint harbor improvement district, Board of State Harbor Commissioners, board of harbor commissioners, city, county, and city and county in this state. See California Corporations Code 10700
  • Public defender: Represent defendants who can't afford an attorney in criminal matters.
  • Public library: means a library, or two or more libraries, operated as a single entity by one or more public jurisdictions and which serve the general public without distinction. See California Education Code 18015
  • Qualified representative of the commissioner: means a deputy commissioner or inspector who holds an appropriate certificate of qualification issued by the director as provided in Chapter 2 (commencing with Section 2101) of Division 2 of this code. See California Food and Agricultural Code 39
  • Real property sales contract: as used in this part is an agreement wherein one party agrees to convey title to real property to another party upon the satisfaction of specified conditions set forth in the contract and which does not require conveyance of title within one year from the date of formation of the contract. See California Business and Professions Code 10029
  • Recess: A temporary interruption of the legislative business.
  • Records: means any material, regardless of the physical form, on which information is recorded or preserved by any means, including in written or spoken words, graphically depicted, printed, or electromagnetically transmitted. See California Civil Code 1980
  • Records: means any material, regardless of the physical form, on which information is recorded or preserved by any means, including in written or spoken words, graphically depicted, printed, or electromagnetically transmitted. See California Civil Code 1993
  • 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
  • Region: as used in this chapter , means the area included within a district. See California Government Code 65060.6
  • Regional plan: as used in this chapter , means a comprehensive, long-term general plan for the physical development of the region, and any land outside its boundaries which in the board's judgment bears relation to its planning. See California Government Code 65060.7
  • 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
  • related services: means transportation, and such developmental, corrective, and other supportive services (including speech-language pathology and audiology services, interpreting services, psychological services, physical and occupational therapy, recreation, including therapeutic recreation, social work services, school nurse services designed to enable an individual with exceptional needs to receive a free appropriate public education as described in the individualized education program of the child, counseling services, including rehabilitation counseling, orientation, and mobility services, and medical services, except that such medical services shall be for diagnostic and evaluation purposes only) as may be required to assist an individual with exceptional needs to benefit from special education, and includes the early identification and assessment of disabling conditions in children. See California Education Code 56363
  • Remand: When an appellate court sends a case back to a lower court for further proceedings.
  • Remedial action plan: means a plan approved by the Department of Toxic Substances Control pursuant to Section 25356. See California Education Code 17210
  • Rent: means to hire real property and includes a lease or sublease. See California Civil Code 1954.26
  • Report: as used in this chapter , means the State Environmental Goals and Policy Report. See California Government Code 65027
  • Report: means the report entitled "Investing in Renewable Electricity Generation in California" (June 2001, Publication Number P500-00-022) submitted to the Governor and the Legislature by the commission. See California Public Resources Code 25741
  • 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.
  • Resident: means any person who manifests an intent to live or be located in this state on more than a temporary or transient basis. See California Vehicle Code 516
  • Resident: means a person who maintains a residence in a cooperative or condominium for floating homes. See California Civil Code 800.300
  • Residential facility: means any family home, group care facility, or similar facility determined by the department, for 24-hour nonmedical care of persons in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual. See California Health and Safety Code 1502
  • Residential real property: includes any dwelling or unit that is intended for human habitation. See California Civil Code 1954.51
  • Residuals: means payments pursuant to a collective bargaining agreement of additional compensation for domestic and foreign uses of recorded materials. See California Code of Civil Procedure 1501
  • Retail seller: means a "retail seller" as defined in Section 399. See California Public Resources Code 25741
  • 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
  • Revitalization project: means a physical improvement to real property funded by the authority. See California Government Code 62000
  • Ridesharing: means two or more persons traveling by any mode, including, but not limited to, carpooling, vanpooling, buspooling, taxipooling, jitney, and public transit. See California Vehicle Code 522
  • Road: means any existing vehicle route established before January 1, 1979, with significant evidence of prior regular travel by vehicles subject to registration pursuant to Article 1 (commencing with Section 4000) of Chapter 1 of Division 3. See California Vehicle Code 527
  • 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
  • safety: is a utomatically applied by the pistol, this feature shall not be defeated. See California Penal Code 31900
  • Salesperson: when used without modification, means a person licensed as a salesperson under any of the provisions of this part. See California Business and Professions Code 10013
  • school: means any place, establishment, or institution organized and operated to offer training for one or more of the personnel classifications included in this chapter or the regulations pertaining thereto. See California Business and Professions Code 1213
  • school building: as used in this article includes a facility that a county office of education is authorized to use pursuant to Article 3 (commencing with Section 17280) of Chapter 3. See California Education Code 17582
  • schoolbus: is a motor vehicle designed, used, or maintained for the transportation of any school pupil at or below the 12th grade level to or from a public or private school or to or from public or private school activities, except the following:

    California Vehicle Code 545

  • seal: includes an impression of such seal upon the paper alone, or upon any substance attached to the paper capable of receiving a visible impression. See California Penal Code 7
  • Secretary: means the Secretary of Food and Agriculture. See California Food and Agricultural Code 35
  • Secretary: means the Secretary of Transportation. See California Government Code 14002.5
  • Secretary: means the secretary of the board of directors. See California Government Code 61002
  • Service of process: The service of writs or summonses to the appropriate party.
  • Service station: as used in this chapter , means any establishment which offers for sale or sells gasoline or other motor vehicle fuel to the public. See California Business and Professions Code 13650
  • Sheriff: includes marshal. See California Code of Civil Procedure 17
  • short-barreled rifle: means any of the following:

    California Penal Code 17170

  • short-barreled shotgun: means any of the following:

    California Penal Code 17180

  • Short-term prediction: means a prediction of an earthquake that is expected to occur within a few hours to a few weeks. See California Public Resources Code 2801
  • 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
  • social work personnel: means supervising social workers and nonsupervisory social workers. See California Health and Safety Code 1506
  • Solar energy system: means a solar energy device that has the primary purpose of providing for the collection and distribution of solar energy for the generation of electricity, that produces at least one kW, and not more than five MW, alternating current rated peak electricity, and that meets or exceeds the eligibility criteria established pursuant to Section 25782. See California Public Resources Code 25781
  • special permit: means a permit issued by the state department authorizing a community care facility to offer specialized services as designated by the director in regulations. See California Health and Safety Code 1504
  • Spouse: includes "registered domestic partner" as required by Section 297. See California Family Code 143
  • 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 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 the State of California, unless applied to the different parts of the United States. See California Health and Safety Code 23
  • 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: 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 act: means the Carpenter-Presley-Tanner Hazardous Substance Account Act (Chapter 6. See California Education Code 17210
  • state agency: includes every state office, officer, department, division, bureau, board, and commission. See California Government Code 11000
  • state agency: shall include any state board, commission, bureau, or division created pursuant to the provisions of the Business and Professions Code, the Education Code, or the Chiropractic Initiative Act to license and regulate individuals who engage in certain businesses and professions. See California Penal Code 23
  • State Clearinghouse: means the office of that name established by executive action of the Governor or any successor office designated by the Governor as the clearinghouse for information from the Office of Management and Budget in accordance with the Intergovernmental Cooperation Act of 1968 (P. See California Government Code 65040.10 v2
  • state department: means the State Department of Social Services. See California Health and Safety Code 1502
  • State project: means any construction project undertaken by the state, or the state and federal government jointly, which will cause a sudden influx of people into the area affected and where sufficient housing, schools, and other community facilities are not available. See California Education Code 16502
  • State-aided district: means a district to which an apportionment has been made under this chapter. See California Education Code 16733
  • Street: is a way or place of whatever nature, publicly maintained and open to the use of the public for purposes of vehicular travel. See California Vehicle Code 590
  • 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
  • Supportive housing: means housing with no limit on length of stay, that is occupied by the target population, and that is linked to an onsite or offsite service that assists the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community. See California Government Code 65582
  • Supportive services: include , but are not limited to, a combination of subsidized, permanent housing, intensive case management, medical and mental health care, substance abuse treatment, employment services, and benefits advocacy. See California Government Code 65582
  • Target population: means persons with low incomes who have one or more disabilities, including mental illness, HIV or AIDS, substance abuse, or other chronic health condition, or individuals eligible for services provided pursuant to the Lanterman Developmental Disabilities Services Act (Division 4. See California Government Code 65582
  • Tenancy: includes the lawful occupation of property and includes a lease or sublease. See California Civil Code 1954.51
  • Tenant: includes a lessee, subtenant, and sublessee. See California Civil Code 1954.26
  • Tenant: includes any paying guest, lessee, or sublessee of any premises for hire. See California Civil Code 1980
  • Tenant: includes any lessee or sublessee of any commercial real property and its premises for hire. See California Civil Code 1993
  • Term: means the period of time for which real property is rented or offered for rent, and includes any provision for a termination or extension of such a period or renewal thereof, except that nothing in this chapter supersedes the specific provisions of this code or of the Code of Civil Procedure which of themselves establish, prescribe, limit, or define the term for which real property may be rented. See California Civil Code 1954.26
  • Terminal: is a place where a vehicle of a type listed in Section 34500 is regularly garaged or maintained, or from which the vehicle is operated or dispatched. See California Vehicle Code 595
  • Testify: Answer questions in court.
  • Testify: includes any mode of oral statement made under oath or affirmation. See California Code of Civil Procedure 17
  • 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
  • traffic: includes pedestrians, ridden animals, vehicles, street cars, and other conveyances, either singly or together, while using any highway for purposes of travel. See California Vehicle Code 620
  • traffic officer: is a ny member of the California Highway Patrol, or any peace officer who is on duty for the exclusive or main purpose of enforcing Division 10 (commencing with Section 20000) or 11 (commencing with Section 21000). See California Vehicle Code 625
  • trailer: includes a semitrailer when used in conjunction with an auxiliary dolly, if the auxiliary dolly is of a type constructed to replace the function of the drawbar and the front axle or axles of a trailer. See California Vehicle Code 630
  • trainee: means any person licensed under this chapter for the purpose of receiving comprehensive practical experience and instruction in clinical laboratory procedures in one of the sciences or in general clinical laboratory science under the direct and responsible supervision of a person authorized to direct a laboratory under the provisions of this chapter, clinical laboratory scientist, clinical chemist scientist, clinical microbiologist scientist, clinical toxicologist scientist, clinical immunohematologist scientist, clinical genetic molecular biologist scientist, clinical cytogeneticist scientist, clinical histocompatibility scientist, or other equivalent licensee in the science or specialty or subspecialty for which he or she is licensed in a clinical laboratory certified for this purpose by the department under this chapter. See California Business and Professions Code 1205
  • Transitional housing: means buildings configured as rental housing developments, but operated under program requirements that require the termination of assistance and recirculating of the assisted unit to another eligible program recipient at a predetermined future point in time that shall be no less than six months from the beginning of the assistance. See California Government Code 65582
  • Transitional housing placement provider: means an organization licensed by the department pursuant to Section 1559. See California Health and Safety Code 1502
  • Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. Source: OCC
  • Truth in Lending Act: The Truth in Lending Act is a federal law that requires lenders to provide standardized information so that borrowers can compare loan terms. In general, lenders must provide information on 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
  • Underlying land use jurisdiction: means any of the following entities, as applicable, that has jurisdiction over the approval of a commercial development project:

    California Government Code 64620

  • 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
  • union high school: shall be deemed to mean unified school district. See California Education Code 18311
  • unlicensed laboratory personnel: means a laboratory aide, histocompatibility technician, cardiopulmonary technician, or other person performing the activities authorized by Section 1269. See California Business and Professions Code 1212
  • unsafe handgun: means any pistol, revolver, or other firearm capable of being concealed upon the person, for which any of the following is true:

    California Penal Code 31910

  • 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.
  • vehicle: is a device by which any person or property may be propelled, moved, or drawn upon a highway, excepting a device moved exclusively by human power or used exclusively upon stationary rails or tracks. See California Vehicle Code 670
  • Vehicle manufacturer: is a ny person who produces from raw materials or new basic components a vehicle of a type subject to registration under this code, off-highway motorcycles or all-terrain vehicles subject to identification under this code, or trailers subject to identification pursuant to Section 5014. See California Vehicle Code 672
  • Venue: The geographical location in which a case is tried.
  • Voter: means a voter as defined by Section 359 of the Elections Code. See California Government Code 61002
  • wards of the juvenile court: shall include minors who have been found by the juvenile court to be described by Section 601 or 602 of the Welfare and Institutions Code, as well as minors who are described by Section 601 or 602 of the Welfare and Institutions Code who have been diverted from formal juvenile court proceedings. See California Health and Safety Code 1567.2
  • Weighing instrument: means any device, contrivance, apparatus, or instrument used, or designed to be used, for ascertaining weight and includes any tool, appliance, or accessory used or connected therewith. See California Business and Professions Code 12500
  • wholesaler: means any person who is licensed as a dealer pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code and the regulations issued pursuant thereto, who sells, transfers, or assigns firearms, or parts of firearms, to persons who are licensed as manufacturers, importers, or gunsmiths pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code, or persons licensed pursuant to Sections 26700 to 26915, inclusive, and includes persons who receive finished parts of firearms and assemble them into completed or partially completed firearms in furtherance of that purpose. See California Penal Code 17340
  • will: includes codicil. See California Penal Code 7
  • Will: includes codicil. See California Code of Civil Procedure 17
  • willfully: when applied to the intent with which an act is done or omitted, implies simply a purpose or willingness to commit the act, or make the omission referred to. See California Penal Code 7
  • 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
  • Zone: means a zone formed pursuant to Chapter 5 (commencing with Section 61140) of Part 3. See California Government Code 61002