Article 1 General Provisions and Definitions
Article 2 General Administration and Enforcement
Article 2.5 Backstretch Worker Labor Relations
Article 3 Licenses Generally
Article 4 Licenses for Track Operators
Article 4.5 Jockeys
Article 5 Stewards and Racing Officials
Article 5.5 Other Licenses
Article 5.6 Interstate Compact on Horse Racing Occupational Licensing
Article 6 Racing Days Generally
Article 6.5 Fairs and Expositions
Article 7 Charity Racing Days
Article 8 Regulation Generally
Article 8.5 Equine Medication
Article 9 Wagering
Article 9.2 Satellite Wagering
Article 9.5 License Fees, Commissions, and Purses
Article 10 Revenue
Article 11 Penalties

Terms Used In California Codes > Business and Professions Code > Division 8 > Chapter 4 - Horse Racing

  • Abbreviated contract of admission: means a contract which meets the provisions of this chapter, except as otherwise provided, for a resident who is receiving respite care services, as defined in Section 1418. See California Health and Safety Code 1599.60
  • Abstract of judgment: In a federal criminal proceeding, A certification from a U.S. District Court clerk that a judgment of restitution was entered against the defendant owing to the victim. If the defendant inherits, owns, or sells real property or holdings, these assets can then be attached at the state and local levels as well.
  • Accepting county: means the county accepting transferred territory by reason of a county boundary change. See California Government Code 23231
  • acquisition of land: as used in this chapter , or in any rule, regulation, or policy adopted by the state librarian pursuant to Section 19960, shall include, but shall not be limited to, the acquisition of land by eminent domain and the eligible cost of acquisition of land by eminent domain shall be the fair market value of the property as defined by Sections 1263. See California Education Code 19957.5
  • Action: includes a civil action and a criminal action. See California Evidence Code 105
  • action: as used in this Title is to be construed, whenever it is necessary so to do, as including a special proceeding of a civil nature. See California Code of Civil Procedure 363
  • Action: includes a civil action and a special proceeding of a civil nature. See California Code of Civil Procedure 2016.020
  • action taken: means a collective decision made by the members of a state body, a collective commitment or promise by the members of the state body to make a positive or negative decision or an actual vote by the members of a state body when sitting as a body or entity upon a motion, proposal, resolution, order or similar action. See California Government Code 11122
  • Actual benefit: means the amount, if any, realized by the lender upon the disposition of property acquired through foreclosure or its equivalent as a direct result of a removal or remedial action undertaken by another person, not to exceed the amount, if any, by which the disposition proceeds exceed the sum of the balance of all of the following:

    California Health and Safety Code 25548.1

  • Adjourn: A motion to adjourn a legislative chamber or a committee, if passed, ends that day's session.
  • Adjournment sine die: The end of a legislative session "without day." These adjournments are used to indicate the final adjournment of an annual or the two-year session of legislature.
  • Administering agency: means the agency designated by the committee pursuant to Section 25262. See California Health and Safety Code 25260
  • administrative costs: means the amounts expended by the Legislature, the Legislative Counsel Bureau, the Governor's Office, the Department of Technology, the Office of Planning and Research, the Department of Justice, the State Controller's Office, the State Treasurer's Office, the State Personnel Board, the Department of Finance, the Department of Financial Information System for California, the Office of Administrative Law, the Department of Human Resources, the Secretary of California Health and Human Services, the California State Auditor's Office, the Department of General Services, and the California State Library, and a proration of any other cost to or expense of the state for services or facilities provided for the Legislature and the above agencies, for supervision or administration of the state government or for services to other state agencies. See California Government Code 11270
  • administrator: means a person who performs or arranges the collection, maintenance, or disbursement of moneys to compensate any party for claims or repairs pursuant to a service contract, and who also performs or arranges any of the following activities on behalf of service contract sellers:

    California Business and Professions Code 9855

  • Advisory team: means the team convened by the committee pursuant to Section 25263. See California Health and Safety Code 25260
  • Affected county: means each county from which territory is proposed to be transferred to create a new county. See California Government Code 23301
  • Affected county: means each county which is proposed to be part of a consolidated county or which is consolidated with one or more counties. See California Government Code 23501
  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
  • Agency: means any city, county, district, commission, the state, or any department, agency, or political subdivision thereof, that has jurisdiction under a state or local law, ordinance, or regulation to supervise, oversee, or approve a site investigation and a remedial action at a hazardous materials release site. See California Health and Safety Code 25260
  • Agency: means the Labor and Workforce Development Agency. See California Labor Code 18.5
  • Agency: means a statewide office, nonelective officer, department, division, bureau, board, commission, or agency in the executive branch of the state government, except that it shall not apply to an agency whose primary function is service to the Legislature or judicial branches of state government or to an agency that is administered by an elective officer. See California Government Code 12080
  • Agency that is administered by an elective officer: includes the State Board of Equalization but not a board or commission on which an elective officer serves in an ex officio capacity. See California Government Code 12080
  • Allegation: something that someone says happened.
  • Alternative dispute resolution: means mediation, arbitration, conciliation, or other nonjudicial procedure that involves a neutral party in the decisionmaking process. See California Civil Code 5925
  • Ammunition: means one or more loaded cartridges consisting of a primed case, propellant, and with one or more projectiles. See California Labor Code 9151
  • Amortization: Paying off a loan by regular installments.
  • Amusement ride: includes the business of operating bungee jumping services or providing services to facilitate bungee jumping, but does not include slides, playground equipment, coin-operated devices or conveyances which operate directly on the ground or on the surface or pavement directly on the ground or the operation of amusement devices of a permanent nature. See California Labor Code 7901
  • Angling: means the taking of, or attempting to take, fish by hook and line with the line held in the hand, or by hook and line with the line attached to a pole or rod which is closely attended or held in the hand in such a manner that the fish voluntarily takes the bait or lure in its mouth. See California Fish and Game Code 15
  • 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.
  • Appeals board: means the Workers' Compensation Appeals Board. See California Labor Code 6101
  • Appeals board: means the Occupational Safety and Health Appeals Board, within the department. See California Labor Code 6302
  • 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
  • Approved county: means the territory to be included in a new county after the registered voters in the affected county or counties have approved the creation of such a new county at a primary election, pursuant to Article 4 (commencing with Section 23350), but before an election is held for purposes of determining the location of the county seat and the selection of county officers for such new county, pursuant to Article 4. See California Government Code 23301
  • 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 level: means the estimated gross dollar amount received by assessment from all assessed businesses on an annual basis, and "assessment formula" means the allocation method used within each industry segment (for example, percentage of gross revenue or percentage of transaction charges). See California Government Code 13995.60
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • assignment order: means an order made under Section 3761. See California Family Code 3760
  • Assistance: means direct financial assistance for a multifamily housing development, including, but not limited to, assistance provided pursuant to this division by the department or agency, and mortgage and construction financing provided by a public agency. See California Health and Safety Code 19903
  • at-risk: means there is evidence of, or there are indications of, any of the following:

    California Penal Code 14215

  • 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 Capitol Area Development Authority created by the joint powers agreement executed pursuant to Section 8169. See California Government Code 8180
  • 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.
  • bait net: means a lampara or round haul type net, the mesh of which is constructed of twine not exceeding Standard No. See California Fish and Game Code 8780
  • 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
  • Bequest: Property gifted by will.
  • Bird: means a wild bird or part of a wild bird. See California Fish and Game Code 22
  • Blank: means a cartridge consisting of a primer cap, a shell case, and a quantity of gunpowder, but that does not contain a projectile. See California Labor Code 9151
  • Blanket encumbrance: means any mortgage, deed of trust, option to purchase, vendor's lien or interest under a contract or agreement of sale, or other financing lien or encumbrance granted by the membership camping operator or affiliate which secures or evidences the obligation to pay money or to sell or convey any campgrounds made available to purchasers by the membership camping operator or any portion thereof, and which authorizes, permits, or requires the foreclosure or other disposition of the campground. See California Civil Code 1812.300
  • Board: means the county board of supervisors acting as the governing authority of a county service area. See California Government Code 25210.2
  • Board: means the California Library Construction and Renovation Board. See California Education Code 19952
  • Board: means the California Public Library Construction and Renovation Board. See California Education Code 19986
  • Board: means the California Victim Compensation Board. See California Government Code 13951
  • Board: means the California Integrated Waste Management Board. See California Public Resources Code 3460
  • Board: means the State Public Works Board. See California Public Resources Code 5080.02
  • Board: means the State Water Resources Control Board. See California Health and Safety Code 25299.100
  • Board: means the State Public Works Board. See California Government Code 15802
  • board: means the California Veterans Board. See California Military and Veterans Code 61
  • board: means the California Department of Tax and Fee Administration. See California Revenue and Taxation Code 20
  • Bonds: as used in this chapter means the written evidence of any obligation incurred by the board payable out of revenues as provided in this chapter in order to secure funds with which to carry out the purposes of this chapter irrespective of the form of such obligation whether in the form of bonds, notes, debentures, interest bearing certificates or other forms prescribed by the board. See California Government Code 26486
  • Budget authority: Authority provided by law to enter into obligations that will result in outlays of Federal funds. Budget authority may be classified by the period of availability (one-year, multiyear, no-year), by the timing of congressional action (current or permanent), or by the manner of determining the amount available (definite or indefinite).
  • building: includes onsite and offsite facilities, utilities, and improvements, including permanent improvement of the grounds of a building, which, as agreed upon by the parties, are appropriate for the proper operation or function of the building to be occupied jointly by the county or city and county and the private person, firm, or corporation. See California Government Code 25549.1
  • Burden of proof: means the obligation of a party to establish by evidence a requisite degree of belief concerning a fact in the mind of the trier of fact or the court. See California Evidence Code 115
  • Bureau: means the Bureau of Household Goods and Services. See California Business and Professions Code 9801
  • Buy: includes an offer to buy, purchase, barter, exchange, or trade. See California Fish and Game Code 24
  • Bycatch: includes discards. See California Fish and Game Code 90.5
  • California Register: means the California Register of Historic Resources. See California Public Resources Code 5079.01
  • Campground: means real property within this state owned or operated by a membership camping operator and designated in whole or in part by the membership camping operator as available for camping or outdoor recreation by purchasers of membership camping contracts. See California Civil Code 1812.300
  • Camping site: means a space designed and promoted for the purpose of locating a trailer, tent, tent trailer, pickup camper, or other similar device used for camping. See California Civil Code 1812.300
  • Capitol area: includes both of the following:

    California Government Code 8160.1

  • Case law: The law as laid down in cases that have been decided in the decisions of the courts.
  • Categorical populations: means those recipients of services provided pursuant to a program listed in Section 16366. See California Government Code 16366.2
  • center: means the Violent Crime Information Center. See California Penal Code 14215
  • Central city: means that area of the City of Sacramento bounded on the north by the American River, on the west by the Sacramento River, and on the south and east by Interstate Highway 80. See California Government Code 8160.1
  • Chambers: A judge's office.
  • Charity: An agency, institution, or organization in existence and operating for the benefit of an indefinite number of persons and conducted for educational, religious, scientific, medical, or other beneficent purposes.
  • Chief: means the Chief of the Office of Information Security. See California Government Code 11549.1
  • child: is a ny person under 18 years of age. See California Penal Code 14215
  • Child support obligee: as used in this chapter means either the parent, guardian, or other person to whom child support has been ordered to be paid or the local child support agency designated by the court to receive the payment. See California Family Code 4550
  • Circumstantial evidence: All evidence except eyewitness testimony.
  • City: includes "city and county" and "incorporated town" but does not include "unincorporated town" or "village. See California Government Code 20
  • City: includes city and county. See California Business and Professions Code 18
  • City: includes incorporated city, city and county, municipal corporation, municipality, town, and incorporated town. See California Revenue and Taxation Code 14
  • City: includes incorporated city, city and county, municipal corporation, municipality, town and incorporated town. See California Financial Code 13
  • Claim: includes a legal or equitable right, title, estate, lien, or interest in property or cloud upon title. See California Code of Civil Procedure 760.010
  • Clerk: means the clerk of a county board of supervisors. See California Government Code 23231
  • Clerk: means the clerk of a county board of supervisors. See California Government Code 23301
  • Clerk: means the clerk of the county board of supervisors. See California Government Code 23501
  • 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.
  • Closed season: means that period of time during which the taking of birds, mammals, fish, amphibians, or reptiles is prohibited. See California Fish and Game Code 29
  • coin dealer: means any person, firm, partnership, or corporation whose principal business is the buying, selling, and trading of coins, monetized bullion, or commercial grade ingots of gold, or silver, or other precious metals. See California Business and Professions Code 21626
  • 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
  • Commercial grade ingots: means 0. See California Business and Professions Code 21627
  • commercial user: means any person who deals in or engages in the business of selling bunk beds or who otherwise by one's occupation holds oneself out as having knowledge or skill peculiar to bunk beds, or any person who sells bunk beds. See California Health and Safety Code 24532
  • Commission: means the State Historical Resources Commission. See California Public Resources Code 5079.01
  • Commission: means the State Park and Recreation Commission. See California Public Resources Code 5080.02
  • Commission: means the County Boundary Review Commission. See California Government Code 23231
  • commission: means the California Transportation Commission. See California Government Code 14002.5
  • Commission: means the County Formation Review Commission. See California Government Code 23301
  • Commission: means the Fish and Game Commission, and "commissioner" means a member of the Fish and Game Commission. See California Fish and Game Code 30
  • Commissioner: means the Labor Commissioner. See California Labor Code 2100
  • Commissioner: means any county agricultural commissioner. See California Food and Agricultural Code 26
  • Committee: means the California Library Construction and Renovation Finance Committee created pursuant to Section 19972. See California Education Code 19952
  • Committee: means the California Library Construction and Renovation Finance Committee established pursuant to Section 19972. See California Education Code 19986
  • committee: means the California group composed of union, guild, and employer representatives that establishes safety guidelines for motion picture production and that meets regularly. See California Labor Code 9151
  • Committee: means the Site Designation Committee created by Section 25261. See California Health and Safety Code 25260
  • Committee membership: Legislators are assigned to specific committees by their party. Seniority, regional balance, and political philosophy are the most prominent factors in the committee assignment process.
  • Concession: as used in this article , does not include those premises at El Pueblo de Los Angeles State Historic Park which are primarily rented and used for offices, banking, or storage. See California Public Resources Code 5038.3
  • Conduct: includes all active and passive behavior, both verbal and nonverbal. See California Evidence Code 125
  • Conferees: Legislators appointed to serve on conference committees. They are also called "managers." Conferees are usually appointed from the committee or committees that reported the legislation; they are expected to try and uphold their chamber's position on measures when they negotiate with conferees from the other chamber.
  • Construction: includes the extension, enlargement, repair, renovation, restoration, improvement, furnishing, and equipping of any public building. See California Government Code 15802
  • Consumer: means an individual, firm, partnership, association or corporation who buys for his or her own use, or for the use of another, but not for resale. See California Business and Professions Code 21500
  • Consumer goods: means any new or used product or part thereof that is used, bought, or leased for use primarily for personal, family, or household purposes, including assistive devices. See California Business and Professions Code 9855
  • Contiguous: means territory which adjoins the boundary line of the proposed county. See California Government Code 23301
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Contract: means a contract for the construction, maintenance, and operation of a concession. See California Public Resources Code 5080.02
  • contract for dance studio lessons and other services: means a contract for instruction in ballroom or other types of dancing, and includes lessons and other services, whether given to students individually or in groups. See California Civil Code 1812.51
  • contract for health studio services: means a contract for instruction, training or assistance in physical culture, body building, exercising, reducing, figure development, or any other such physical skill, or for the use by an individual patron of the facilities of a health studio, gymnasium or other facility used for any of the above purposes, or for membership in any group, club, association or organization formed for any of the above purposes. See California Civil Code 1812.81
  • Contract of admission: includes all documents which a resident or his or her representative must sign at the time of, or as a condition of, admission to a long-term health care facility, as defined in Section 1326. See California Health and Safety Code 1599.60
  • Controller: means the State Controller. See California Revenue and Taxation Code 21
  • Conviction: A judgement of guilt against a criminal defendant.
  • Core area: means that area of the City of Sacramento within the area bounded by "G" Street on the north, "R" Street on the south, 5th Street on the west, and 17th Street on the east. See California Government Code 8160.1
  • County: includes city and county. See California Government Code 19
  • County: includes "city and county. See California Labor Code 14
  • 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 city and county. See California Revenue and Taxation Code 15
  • county: means a county in which a county firewarden has been appointed. See California Government Code 55601
  • County: includes city and county. See California Fish and Game Code 32
  • County: includes city and county. See California Financial Code 14
  • County service area: means a county service area formed pursuant to this chapter or any of its statutory predecessors. See California Government Code 25210.2
  • Court: means the trial court in which the action is pending, unless otherwise specified. See California Code of Civil Procedure 2016.020
  • 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
  • Crime: includes an act of terrorism, as defined in Section 2331 of Title 18 of the United States Code, committed against a resident of the state, whether or not the act occurs within the state. See California Government Code 13951
  • Criminal action: includes criminal proceedings. See California Evidence Code 130
  • Criminal justice agency: means the Department of Justice and any district attorney's office, sheriff's department, police department, or city attorney's office of this state. See California Penal Code 14161
  • Currency: means United States currency or coin, the currency or coin of any foreign country, and any legal tender or coin defined as currency by Section 103. See California Penal Code 14161
  • Damages: includes compensatory damages, exemplary damages, punitive damages, and costs of every kind and nature, including, but not limited to, costs of a removal or remedial action. See California Health and Safety Code 25548.1
  • Day: means calendar day, and "week" means calendar week. See California Fish and Game Code 35
  • 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.
  • decision: when used in reference to the department means any final determination of the department imposing a penalty assessment or affecting a license which may be appealed to the board under §. See California Business and Professions Code 23080
  • Declarant: is a person who makes a statement. See California Evidence Code 135
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Defense attorney: Represent defendants in criminal matters.
  • Defined time period: means any unit of time measurement equal to or less than the duration of an employee's shift, and includes hours, minutes, and seconds and any fraction thereof. See California Labor Code 2100
  • department: means the Department of Parks and Recreation and "director" means the Director of Parks and Recreation. See California Public Resources Code 5001.1
  • Department: means the Department of General Services. See California Government Code 8160.1
  • Department: means the State Department of Health Services or its designee. See California Health and Safety Code 1599.60
  • department: means State Department of Health Services. See California Health and Safety Code 20
  • Department: means the Department of Justice. See California Penal Code 14161
  • Department: means the Department of Transportation. See California Government Code 14002.5
  • Department: means Department of Industrial Relations. See California Labor Code 19
  • department: means the Department of Veterans Affairs. See California Military and Veterans Code 60
  • Department: means the Department of Fish and Wildlife. See California Fish and Game Code 37
  • Department: means the Department of Housing and Community Development. See California Health and Safety Code 18801
  • Department: means the Department of Industrial Relations. See California Labor Code 6302
  • Deposit holder: as used in this chapter means the district attorney, county officer, or trustee designated by the court to receive assets deposited pursuant to this chapter to secure future support payments. See California Family Code 4601
  • 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.
  • Derivative victim: means an individual who sustains pecuniary loss as a result of injury or death to a victim. See California Government Code 13951
  • Development: includes , but is not limited to, improvement, rehabilitation, restoration, enhancement, preservation, protection, and interpretation. See California Education Code 20052
  • Devise: To gift property by will.
  • Digital signature: means an electronic identifier, created by computer, intended by the party using it to have the same force and effect as the use of a manual signature. See California Government Code 16.5
  • Director: means the Director of General Services. See California Government Code 8160.1
  • Director: means the Director of Consumer Affairs. See California Business and Professions Code 9801
  • Director: means the Director of Transportation. See California Government Code 14002.5
  • Director: means Director of Industrial Relations. See California Labor Code 20
  • director: refer to the Department of General Services and the Director of General Services, respectively, unless the context otherwise requires. See California Government Code 14602
  • Director: means the Director of Fish and Wildlife. See California Fish and Game Code 39
  • Director: means the Director of the Office of Privacy Protection. See California Government Code 11549.8
  • 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
  • disaster: means a war or enemy-caused calamity occurring in the State of California, such as an attack by nuclear weapons, as a result of which the incumbent Governor is either killed, missing, or so seriously injured as to be unable to perform the Governor's duties. See California Government Code 12060
  • District: means fish and game district. See California Fish and Game Code 41
  • Division: means the Division of Occupational Safety and Health. See California Labor Code 2100
  • Division: means the Division of Occupational Safety and Health. See California Labor Code 9151
  • Division: means the Division of Occupational Safety and Health. See California Labor Code 6302
  • Docket: A log containing brief entries of court proceedings.
  • Donee: The recipient of a gift.
  • Donor: The person who makes a gift.
  • Dwelling: means all housing whether owned or rented. See California Health and Safety Code 19903
  • 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
  • Earnings assignment order for support: means an order, made pursuant to Chapter 8 (commencing with Section 5200) of Part 5 of Division 9 of . See California Code of Civil Procedure 706.011
  • Elderly or handicapped household: means , two or more persons who live together as a household, without regard to any specific relationship, and at least one of whom is an elderly or handicapped person or an elderly and handicapped person. See California Health and Safety Code 19903
  • Electronic: means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. See California Code of Civil Procedure 2016.020
  • 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
  • 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 nonexempt employee who works at a warehouse distribution center. See California Labor Code 2100
  • 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
  • Employee work speed data: means information an employer collects, stores, analyzes, or interprets relating to an individual employee's performance of a quota, including, but not limited to, quantities of tasks performed, quantities of items or materials handled or produced, rates or speeds of tasks performed, measurements or metrics of employee performance in relation to a quota, and time categorized as performing tasks or not performing tasks. See California Labor Code 2100
  • Employer: includes the United States government and any public entity as defined in §. See California Family Code 3760
  • Employer: means a person who directly or indirectly, or through an agent or any other person, including through the services of a third-party employer, temporary service, or staffing agency or similar entity, employs or exercises control over the wages, hours, or working conditions of 100 or more employees at a single warehouse distribution center or 1,000 or more employees at one or more warehouse distribution centers in the state. See California Labor Code 2100
  • Employer: means an employer engaged in producing a motion picture production. See California Labor Code 9151
  • employer: means :

    California Labor Code 3300

  • Employer: means a person for whom an individual performs services as an employee. See California Code of Civil Procedure 706.011
  • Endowment: means the California Cultural and Historical Endowment created pursuant to Section 20053, or the board of the endowment, as appropriate. See California Education Code 20052
  • Energy settlement agreement: means any agreement arising from the energy crisis of 2000-02, where the State of California or a division of the State of California, is a party in a complaint or any action relating to the operation and management of any generation facilities, any sale or purchase or transmission of natural gas, any sale or purchase or transmission of electricity or other utility or energy goods and services, or a violation of the Federal Power Act (16 U. See California Government Code 16428.2
  • Enforcement action: means a civil action or proceeding, other than a cross-complaint, for any of the following purposes:

    California Civil Code 5925

  • 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.
  • Escrow: Money given to a third party to be held for payment until certain conditions are met.
  • Evidence: means testimony, writings, material objects, or other things presented to the senses that are offered to prove the existence or nonexistence of a fact. See California Evidence Code 140
  • Evidence of an interest: includes , but is not limited to, all of the following:

    California Health and Safety Code 25548.1

  • 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
  • executive officer of the board: means the director of the California Department of Tax and Fee Administration for those duties, powers, and responsibilities transferred to the California Department of Tax and Fee Administration pursuant to §. See California Revenue and Taxation Code 20.5
  • Executive session: A portion of the Senate's daily session in which it considers executive business.
  • Executor: A male person named in a will to carry out the decedent
  • Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
  • Family support: means an agreement between the parents, or an order or judgment, that combines child support and spousal support without designating the amount to be paid for child support and the amount to be paid for spousal support. See California Family Code 92
  • 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
  • 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.
  • Fiduciary: A trustee, executor, or administrator.
  • Fiduciary: means a person who is acting in any of the following capacities:

    California Health and Safety Code 25548.1

  • Filming activities: includes principal photography and any subsequent filming, such as reshoots or additional scenes, as well as the construction and breakdown of sets and loading equipment, but does not include postproduction activity, including, but not limited to, editing, sound mixing, additional dialogue, or visual effects unrelated to reshoots. See California Labor Code 9151
  • Finance charge: The total cost of credit a customer must pay on a consumer loan, including interest. The Truth in Lending Act requires disclosure of the finance charge. Source: OCC
  • Finance lease: means a transaction with respect to which both of the following apply:

    California Health and Safety Code 25548.1

  • Financial institution: means , when located or doing business in this state, any national bank or banking association, state bank or banking association, commercial bank or trust company organized under the laws of the United States or any state, any private bank, industrial savings bank, savings bank or thrift institution, savings and loan association, or building and loan association organized under the laws of the United States or any state, any insured institution as defined in Section 401 of the National Housing Act, any credit union organized under the laws of the United States or any state, any national banking association or corporation acting under Chapter 6 (commencing with Section 601) of Title 12 of the United States Code, any foreign bank, any currency dealer or exchange, any person or business engaged primarily in the cashing of checks, any person or business who regularly engages in the issuing, selling, or redeeming of traveler's checks, money orders, or similar instruments, any broker or dealer in securities registered or required to be registered with the Securities and Exchange Commission under the Securities Exchange Act of 1934, any licensed sender of money, any investment banker or investment company, any insurance company, any dealer in coins, precious metals, stones, or jewelry, any pawnbroker, any telegraph company, any person or business engaged in controlled gambling within the meaning of subdivision (e) of §. See California Penal Code 14161
  • Firearm: means a device, designed to expel through a barrel a projectile by the force of an explosion or other form of combustion, including the frame or receiver of the device. See California Labor Code 9151
  • First story: means the lowest story in a building which qualifies as a story and which provides the basic services or functions for which the building is used. See California Health and Safety Code 19955.3
  • Fish: means a wild fish, mollusk, crustacean, invertebrate, amphibian, or part, spawn, or ovum of any of those animals. See California Fish and Game Code 45
  • Fishery: means both of the following:

    California Fish and Game Code 94

  • 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
  • Foreclosure or its equivalent: means the acquisition of property by a lender through any of the following:

    California Health and Safety Code 25548.1

  • Fraud: Intentional deception resulting in injury to another.
  • Fund: means State Compensation Insurance Fund. See California Labor Code 6101
  • Fund: means the California Library Construction and Restoration Fund created pursuant to Section 19955. See California Education Code 19952
  • Fund: means the California Public Library Construction and Renovation Fund. See California Education Code 19986
  • Fund: means the California Heritage Fund created pursuant to Section 5079. See California Public Resources Code 5079.01
  • Fund: means the Ratepayer Relief Fund established in Section 16428. See California Government Code 16428.2
  • Funded debt: as used in this chapter , means all interest-bearing indebtedness of a corporation not maturing within one year of the date the indebtedness was incurred. See California Financial Code 800
  • 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
  • gas storage well: means an active or idle well used primarily to inject natural gas into or withdraw natural gas from an underground natural gas storage facility. See California Public Resources Code 3180
  • General fund reserves: means the general fund reserve balance as of July 1, 1978, that is not legally obligated. See California Government Code 16271
  • Germane: On the subject of the pending bill or other business; a strict standard of relevance.
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Governing board: means board of school trustees, community college board of trustees, and city, and city and county board of education. See California Education Code 78
  • Governing body: means the board of supervisors except that in the case of a subsidiary district "governing body" means the city council, and in the case of a multi-county district "governing body" means the governing body of the multi-county district itself. See California Government Code 16271
  • Grade: means the lowest point of elevation of the finished surface of the ground, paving, or sidewalk within the area between the building and the property line or, when the property line is more than 5 feet from the building, between the building and a line 5 feet from the building. See California Health and Safety Code 19955.3
  • Grant applicant: means a small business that applies to the board for a grant pursuant to this chapter. See California Health and Safety Code 25299.100
  • Grantor: The person who establishes a trust and places property into it.
  • Greenhouse: means a structure covered with transparent or translucent materials for the purpose of admitting natural light and controlling the atmosphere for growing plants, including floricultural, ornamental, or other nursery and agricultural products. See California Food and Agricultural Code 33
  • Guarantor: A party who agrees to be responsible for the payment of another party's debts should that party default. Source: OCC
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Habeas corpus: A writ that is usually used to bring a prisoner before the court to determine the legality of his imprisonment. It may also be used to bring a person in custody before the court to give testimony, or to be prosecuted.
  • Hazardous material: includes , but is not limited to, all of the following:

    California Health and Safety Code 25260

  • Hazardous material: means any of the following materials:

    California Health and Safety Code 25411

  • health insurance coverage assignment: includes vision care and dental care coverage whether the vision care or dental care coverage is part of existing health insurance coverage or is issued as a separate policy or plan. See California Family Code 3760
  • hearing: means the hearing at which a question under this code arises, and not some earlier or later hearing. See California Evidence Code 145
  • Hearsay: Statements by a witness who did not see or hear the incident in question but heard about it from someone else. Hearsay is usually not admissible as evidence in court.
  • Historical resource preservation project: is a product, facility, or project designed to preserve an historical resource that is listed, or formally determined eligible for listing, in the National Register of Historic Places or the California Register, or designated as a historical landmark or point of historical interest. See California Public Resources Code 5079.01
  • home-to-school transportation: includes all of the following:

    California Education Code 41850

  • Hostel facility: means a supervised overnight lodging or sleeping accommodation provided primarily for use by persons, including bicyclists and hikers, arriving at state park system units and local and regional parks and recreation areas. See California Public Resources Code 5052
  • 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.
  • In-house counsel: means an attorney authorized to practice law in the State of California who is a state employee, including an excluded or exempt employee, other than an employee of the Office of the Attorney General. See California Government Code 11040
  • Indebtedness: means the net obligations of a county arising from contract or through the operation of law, other than short-term operational expenses, but including and not limited to obligations arising under general obligation bonds, leases, joint powers agreements, and similar obligations or contracts entered into by the county prior to the date on which a petition is filed. See California Government Code 23231
  • Indebtedness: means the net obligations of a county arising from contract or through the operation of law, other than short-term operational expenses, but including and not limited to obligations arising under general obligation bonds, leases, joint powers agreements, and similar obligations or contracts entered into by the county prior to the date on which a petition is filed. See California Government Code 23301
  • 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
  • Indicia of ownership: means evidence of a security interest, evidence of an interest in a security interest, or evidence of an interest in real or personal property securing a loan or other obligation, including, but not limited to, any legal or equitable title to real or personal property acquired incident to foreclosure or its equivalent. See California Health and Safety Code 25548.1
  • 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.
  • Inhabited territory: means territory within which there reside 12 or more registered voters. See California Government Code 25210.2
  • injury: as used in this division , includes cancer, including leukemia, that develops or manifests itself during a period in which any member described in subdivision (a) is in the service of the department or unit, if the member demonstrates that he or she was exposed, while in the service of the department or unit, to a known carcinogen as defined by the International Agency for Research on Cancer, or as defined by the director. See California Labor Code 3212.1
  • Insurer: includes the State Compensation Insurance Fund and any private company, corporation, mutual association, and reciprocal or interinsurance exchange, authorized under the laws of this state to insure employers against liability for compensation under this part and under Division 4 (commencing with Section 3201), and any employer to whom a certificate of consent to self-insure has been issued. See California Labor Code 6302
  • Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. Source: OCC
  • 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.
  • Intestate: Dying without leaving a will.
  • 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: 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
  • junk: means any and all secondhand and used machinery and all ferrous and nonferrous scrap metals and alloys, including any and all secondhand and used furniture, pallets, or other personal property, other than livestock, or parts or portions thereof. See California Business and Professions Code 21600
  • junk dealer: includes any person engaged in the business of buying, selling and dealing in junk, any person purchasing, gathering, collecting, soliciting or traveling about from place to place procuring junk, and any person operating, carrying on, conducting or maintaining a junk yard or place where junk is gathered together and stored or kept for shipment, sale or transfer. See California Business and Professions Code 21601
  • Junk dealer: has the meaning defined in Section 21601. See California Business and Professions Code 21651
  • junk yard: includes any yard, plot, space, inclosure, building or any other place where junk is collected, stored, gathered together and kept. See California Business and Professions Code 21602
  • Juror: A person who is on the jury.
  • Kelp: means kelp or other marine aquatic plants and the seeds thereof. See California Fish and Game Code 51
  • 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
  • Labor Commissioner: means Chief of the Division of Labor Standards Enforcement. See California Labor Code 21
  • Law: includes constitutional, statutory, and decisional law. See California Evidence Code 160
  • Law enforcement: means every district attorney, municipal police department, sheriff's department, district attorney's office, county probation department, and social services agency, the Department of Justice, the Department of Corrections, the Department of the Youth Authority, the Department of the California Highway Patrol, the police department of any campus of the University of California, California State University, or community college, and every agency of the State of California expressly authorized by statute to investigate or prosecute law violators. See California Government Code 13951
  • Legacy: A gift of property made by will.
  • Legal tender: coins, dollar bills, or other currency issued by a government as official money. Source: U.S. Mint
  • legislative body: means the board of supervisors in the case of a county or city and county and the city council or board of trustees in the case of a city. See California Government Code 55701
  • Legislative session: That part of a chamber's daily session in which it considers legislative business (bills, resolutions, and actions related thereto).
  • Lender: includes either of the following persons:

    California Health and Safety Code 25548.1

  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • License: means a basic permit to operate a pediatric day health and respite care facility. See California Health and Safety Code 1760.2
  • license: shall include a permit or a certificate issued by a state agency. See California Penal Code 23
  • Licensed adjuster: means a person licensed by the bureau for adjusting lamps in licensed lamp adjusting stations or for adjusting brakes in licensed brake adjusting stations. See California Business and Professions Code 9888.1
  • Licensed station: means a station licensed by the bureau pursuant to this chapter. See California Business and Professions Code 9888.1
  • Licensee: means the holder of a license issued under Chapter 2 (commencing with Section 1250) or Chapter 8. See California Health and Safety Code 1418
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Life estate: A property interest limited in duration to the life of the individual holding the interest (life tenant).
  • Loan applicant: means a small business that applies to the board for a loan pursuant to this chapter. See California Health and Safety Code 25299.100
  • Loan or obligation: means a loan, revolving or nonrevolving line of credit, finance lease, sale-leaseback that provides for a purchase option in favor of the lessee, installment sale contract, sale on account, or other credit sale, letter of credit, forbearance or guaranty, collateral pledge, or other suretyship obligation, and any extension, renewal, or modification thereof. See California Health and Safety Code 25548.1
  • local agency: means municipal corporation or sanitary district. See California Government Code 55000
  • local agency: means county, city, and sanitary district. See California Government Code 55300
  • local agency: means a city, chartered city, or a fire protection district. See California Government Code 55600
  • local agency: means a neighboring city, county, fire protection district, joint powers authority that provides fire protection services, police protection district, federal government or any federal department or agency. See California Government Code 55631
  • local agency: means a county, city and county, and city, both chartered and general law. See California Government Code 55700
  • local agency formation commission: means a local agency formation commission that operates in the county pursuant to the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000, Division 3 (commencing with Section 56000) of Title 5. See California Government Code 25210.2
  • Long-term health care facility: means any facility licensed pursuant to Chapter 2 (commencing with Section 1250) that is any of the following:

    California Health and Safety Code 1418

  • magistrate: signifies any one of the officers mentioned in Section 808. See California Penal Code 7
  • 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
  • Mammal: means a wild or feral mammal or part of a wild or feral animal, but not a wild, feral, or undomesticated burro. See California Fish and Game Code 54
  • Markup: The process by which congressional committees and subcommittees debate, amend, and rewrite proposed legislation.
  • Medically fragile: means having an acute or chronic health problem that requires therapeutic intervention and skilled nursing care during all or part of the day. See California Health and Safety Code 1760.2
  • meeting: includes any congregation of a majority of the members of a state body at the same time and place to hear, discuss, or deliberate upon any item that is within the subject matter jurisdiction of the state body to which it pertains. See California Government Code 11122.5
  • Membership camping contract: means an agreement offered or sold within the State of California by a membership camping operator or membership camping broker evidencing a purchaser's right or license to use for more than 14 days in a year, the campgrounds of a membership camping operator and includes a membership which provides for this use. See California Civil Code 1812.300
  • Membership camping operator: means any enterprise, other than one that is tax exempt under Section 501(c)(3) of the Internal Revenue Code of 1954, as amended, that has as one of its purposes the ownership or operation of campgrounds which include or may include use of camping sites, that solicits membership paid for by a fee or periodic payments, such as annual dues, and the contractual members are the primary intended users. See California Civil Code 1812.300
  • Metropolitan area: means the greater metropolitan Sacramento area, including the City of Sacramento, the County of Sacramento, and the eastern part of Yolo County. See California Government Code 8160.1
  • Mile: means either a statute mile (5,280 feet) or a nautical mile (6,077 feet) depending on the application. See California Fish and Game Code 55
  • missing person: includes , but is not limited to, any of the following:

    California Penal Code 14215

  • Mobilehome Residency Law: means the Mobilehome Residency Law (Chapter 2. See California Health and Safety Code 18801
  • Monetary instrument: means United States currency and coin. See California Penal Code 14161
  • 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
  • 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.
  • Motion picture production: means the development or creation of motion pictures, television programs, streaming productions, commercial advertisements, music videos, or any other moving images, including, but not limited to, productions made for entertainment, commercial, religious, or educational purposes. See California Labor Code 9151
  • Multi-county district: means any special district which includes territory in more than one county. See California Government Code 16271
  • Museum: means a public or private nonprofit institution that is organized on a permanent basis for essentially educational or aesthetic purposes and that owns or uses tangible objects, cares for those objects, and exhibits them to the general public on a regular basis. See California Education Code 20052
  • 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 Credit Union Administration: The federal regulatory agency that charters and supervises federal credit unions. (NCUA also administers the National Credit Union Share Insurance Fund, which insures the deposits of federal credit unions.) Source: OCC
  • National medical support notice: means the notice required by Section 666(a)(19) of Title 42 of the United States Code with respect to an order made pursuant to Section 3773. See California Family Code 3760
  • National Register of Historic Places: means the official federal list of districts, sites, buildings, structures, and objects significant in American history, architecture, archaeology, engineering, and culture as authorized by the National Historic Preservation Act of 1966 (16 U. See California Public Resources Code 5079.01
  • natural resources: includes land, water, air, minerals, vegetation, wildlife, historical or aesthetic sites, or any other natural resource which, irrespective of ownership, contributes to the health, safety, welfare, or enjoyment of a substantial number of persons, or to the substantial balance of an ecological community. See California Public Resources Code 3252
  • Net: means any gear made of any kind of twine, thread, string, rope, wire, wood, or other materials used for the gilling, entangling, trapping, or impounding of fish. See California Fish and Game Code 56
  • newspaper: means a newspaper of general circulation. See California Revenue and Taxation Code 36.5
  • 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.
  • Nondisturbance agreement: means an instrument in recordable form by which the holder of a blanket encumbrance agrees to all of the following:

    California Civil Code 1812.300

  • Nonprofit organization: means any nonprofit public benefit corporation that is formed pursuant to the Nonprofit Corporation Law (commencing with §. See California Education Code 20052
  • Nonprofit organization: means any private, nonprofit organization, existing under Section 501(c)(3) of the United States Internal Revenue Code, that has, among its principal charitable purposes, the preservation of historic resources for cultural, scientific, historic, educational, recreational, agricultural, or scenic opportunities. See California Public Resources Code 5079.01
  • Nonresident: means a person who is not a resident as defined in Section 70. See California Fish and Game Code 57
  • 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
  • Oath: includes an affirmation or declaration. See California Code of Civil Procedure 17
  • Oath: A promise to tell the truth.
  • Oath: includes affirmation. See California Government Code 15
  • Occupational Safety and Health Standards Board: as used in this part means the Occupational Safety and Health Standards Board of the Division of Occupational Safety and Health, Department of Industrial Relations, State of California. See California Labor Code 7801
  • Offer: means any solicitation reasonably designed to result in entering into a membership camping contract. See California Civil Code 1812.300
  • Office: means the State Office of Historic Preservation. See California Public Resources Code 5079.01
  • Office: means the Office of Information Security. See California Government Code 11549.1
  • Office: means the Office of Privacy Protection. See California Government Code 11549.8
  • Open season: means that period of time during which the taking of birds, mammals, fish, reptiles, or amphibians is allowed as prescribed in this code and regulations adopted by the commission. See California Fish and Game Code 62
  • Operator: as used in this article , means any person, partnership, organization or corporation that controls, manages, conducts or otherwise administers a swap meet. See California Business and Professions Code 21661
  • Optical products: means prescription and nonprescription eyewear. See California Business and Professions Code 9855
  • 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: means the writing itself or any counterpart intended to have the same effect by a person executing or issuing it. See California Evidence Code 255
  • Outside counsel: means an attorney authorized to practice law in the State of California who is not a state employee, including an excluded or exempt employee. See California Government Code 11040
  • Overfishing: means a rate or level of taking that the best available scientific information, and other relevant information that the commission or department possesses or receives, indicates is not sustainable or that jeopardizes the capacity of a marine fishery to produce the maximum sustainable yield on a continuing basis. See California Fish and Game Code 98
  • Oversight: Committee review of the activities of a Federal agency or program.
  • owner: means a person who owns or controls or has the duty to control the operation of an amusement ride. See California Labor Code 7901
  • owner: means a person who owns or controls or has the duty to control the operation of an amusement ride. See California Labor Code 7921
  • Owner: means the owner as shown on the last equalized assessment roll, except that the person entitled to be shown as owner on the current assessment roll shall be deemed the owner, and except that, where the property affected is subject to a recorded written agreement to buy, the purchaser under such agreement to buy shall be deemed the owner. See California Government Code 23231
  • owner of land: means all of the following:

    California Government Code 25210.2

  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • 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
  • peace officer: signify any one of the officers mentioned in Chapter 4. See California Penal Code 7
  • Pecuniary loss: means an economic loss or expense resulting from an injury or death to a victim of crime that has not been and will not be reimbursed from any other source. See California Government Code 13951
  • Pediatric day health and respite care facility: means a facility that provides an organized program of therapeutic social and day health activities and services and limited 24-hour inpatient respite care to medically fragile children 21 years of age or younger, including terminally ill and technology-dependent patients, except as provided in paragraph (2) and Section 1763. See California Health and Safety Code 1760.2
  • Peer counseling: means counseling offered by a provider of mental health counseling services who has completed a specialized course in rape crisis counseling skills development, participates in continuing education in rape crisis counseling skills development, and provides rape crisis counseling within the State of California. See California Government Code 13951
  • Permanent amusement ride: includes the business of operating bungee jumping services or providing services to facilitate bungee jumping, but does not include slides, playground equipment, coin-operated devices or conveyances that operate directly on the ground or on a surface or pavement directly on the ground. See California Labor Code 7921
  • Permit: means a document issued by the division which indicates that an inspection of the ride has been performed pursuant to rules and regulations adopted by the division. See California Labor Code 7901
  • Person: includes any person, firm, association, organization, partnership, limited liability company, business trust, corporation, or company. See California Government Code 17
  • Person: means any individual, corporation, partnership, limited liability company, trust, association, or other organization other than a government or a subdivision thereof. See California Civil Code 1812.300
  • Person: means any person, firm, association, organization, partnership, limited liability company, business trust, corporation, or company. See California Harbors and Navigation Code 19
  • person: means any natural person, corporation, association, partnership, limited liability company, joint venture, receiver, trustee, executor, administrator, guardian, fiduciary or other representative of any kind and includes the state and any city, county, city and county, district or any department, agency or instrumentality of the state or of any governmental subdivision whatsoever. See California Public Resources Code 3316.1
  • Person: means any individual, private or public corporation, partnership, limited liability company, cooperative, association, estate, municipality, political or jurisdictional subdivision, or government agency or instrumentality. See California Public Resources Code 3460
  • Person: means an individual, corporation, partnership, limited partnership, limited liability partnership, limited liability company, business trust, estate, trust, association, joint venture, agency, instrumentality, or any other legal or commercial entity, whether domestic or foreign. See California Labor Code 2100
  • Person: means an individual, firm, partnership, association, limited liability company, or corporation engaged in the business of selling watches. See California Business and Professions Code 21500
  • Person: as used in this article includes firm and corporation. See California Business and Professions Code 21550
  • Person: includes , but is not limited to, any city, county, district, the state, or the federal government, or any department, subdivision, or agency thereof. See California Health and Safety Code 25548.1
  • Person: includes a firm, partnership, association, limited liability company, or corporation. See California Business and Professions Code 9801
  • Person: means any person, association, organization, partnership, business trust, limited liability company, or corporation. See California Labor Code 18
  • 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 Penal Code 7
  • Person: includes a corporation as well as a natural person. See California Corporations Code 18
  • 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 a natural person, firm, association, organization, partnership, business trust, corporation, limited liability company, or public entity. See California Family Code 105
  • Person: includes a natural person, firm, association, organization, partnership, business trust, corporation, limited liability company, or public entity. See California Evidence Code 175
  • 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 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 natural person or any partnership, corporation, limited liability company, trust, or other type of association. See California Fish and Game Code 67
  • Personal property: All property that is not real property.
  • Personal property: includes money, goods, chattels, things in action, and evidences of debt. See California Code of Civil Procedure 17
  • Petitioner: includes plaintiff, where appropriate. See California Family Code 126
  • Pilot program: means the Safety on Productions Pilot Program established in Sections 9152 and 9152. See California Labor Code 9151
  • 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.
  • Possession limit: means the maximum, in number or amount, of birds, mammals, fish, reptiles, or amphibians that may be lawfully possessed by one person. See California Fish and Game Code 19
  • 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.
  • prescription drug claims processor: as used in this part , means any nongovernmental entity which has a contractual relationship with purchasers of prepaid or insured prescription drug benefits, and which processes, consults, advises on, or otherwise assists in the processing of prepaid or insured prescription drug benefit claims submitted by a licensed California pharmacy or patron thereof. See California Civil Code 2527
  • Preservation: includes , but is not limited to, identification, evaluation, recordation, restoration, stabilization, development, and reconstruction, or any combination of those activities. See California Education Code 20052
  • Preservation: means identification, evaluation, recordation, documentation, curation, acquisition, protection, management, rehabilitation, restoration, stabilization, maintenance, and reconstruction, or any combination of those activities. See California Public Resources Code 5079.01
  • 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.
  • Pretrial conference: A meeting of the judge and lawyers to discuss which matters should be presented to the jury, to review evidence and witnesses, to set a timetable, and to discuss the settlement of the case.
  • Primarily to protect a security interest: means that the indicia of ownership of a lender are held primarily for the purpose of securing payment or performance of an obligation. See California Health and Safety Code 25548.1
  • Principal county: means the county from which it is proposed that territory with the greatest proportion of assessed value, as shown on the last equalized assessment roll, relative to the total amount of taxable property within the boundaries of a proposed county, is to be transferred to create, in part, that proposed county. See California Government Code 23301
  • Principal county: means the county with the greatest proportion of assessed value, as shown on the last equalized assessment roll, to the total amount of taxable property in the county. See California Government Code 23501
  • Private admonition: as used in this article and in Article 3 (commencing with Section 44240) of Chapter 2, is a warning, in writing, to the applicant or credentialholder that states in ordinary and concise language the act or omission of the applicant or credentialholder and further states that repetition of that act or omission may result in denial, suspension, or revocation of the credential. See California Education Code 44438
  • Pro per: A slang expression sometimes used to refer to a pro se litigant. It is a corruption of the Latin phrase "in propria persona." Source: U.S. Courts
  • 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.
  • Proceeding: includes an action. See California Family Code 110
  • 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
  • Process: includes all writs, warrants, summons, and orders of courts of justice, or judicial officers. See California Government Code 26660
  • Program: means an information security program established pursuant to Section 11549. See California Government Code 11549.1
  • Program: means a program for an agricultural employee to be granted parole. See California Government Code 12092
  • Program: means the Mobilehome Residency Law Protection Program established pursuant to this part. See California Health and Safety Code 18801
  • Project area: includes both of the following:

    California Government Code 8180

  • Project tanks: means tanks that would be upgraded, replaced, or removed with loan or grant funds. See California Health and Safety Code 25299.100
  • property: includes any real or personal property in which the obligor has or had an ownership, leasehold, or possessory interest, whether or not it was the subject of a security interest for the loan or obligation. See California Health and Safety Code 25548.1
  • 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 property, and to the extent applicable, personal property. See California Code of Civil Procedure 760.010
  • Property: includes real and personal property and any interest therein. See California Family Code 113
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Public agency: means a federal agency, state agency, city, county, district, association of governments, joint powers agency, or tribal organization. See California Education Code 20052
  • Public agency: means a federal agency, state agency, city, county, district, association of governments, joint powers agency, or tribal organization. See California Public Resources Code 5079.01
  • Public agency: includes a federal agency if the requirements of this part would not conflict with, or be preempted by, the requirements of federal law. See California Health and Safety Code 19903
  • Public building: includes any structure, building, facility, or work that a state agency has jurisdiction of, or is authorized to design or construct, including, but not limited to, infrastructure, parking lots, landscaping, and other ancillary facilities, including furnishings and equipment, incidental to the use of any building, and also includes the site thereof, and any easements or rights of way appurtenant thereto or necessary for its full use. See California Government Code 15802
  • Public defender: Represent defendants who can't afford an attorney in criminal matters.
  • Public entity: includes a nation, state, county, city and county, city, district, public authority, public agency, or any other political subdivision or public corporation, whether foreign or domestic. See California Evidence Code 200
  • Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
  • public prosecutor: means a district attorney, a city attorney, a county counsel, or any other city or county prosecutor. See California Public Resources Code 3236
  • Purchase: means "buy" as defined in Section 24. See California Fish and Game Code 68
  • Purchaser: means a person who enters into a membership camping contract and thereby obtains the right to use the campgrounds of a membership camping operator. See California Civil Code 1812.300
  • Qualified safety inspector: means either of the following:

    California Labor Code 7921

  • Quasi-community property: means all real or personal property, wherever situated, acquired before or after the operative date of this code in any of the following ways:

    California Family Code 125

  • Quorum: The number of legislators that must be present to do business.
  • Quota: means a work standard under which an employee is assigned or required to perform at a specified productivity speed, or perform a quantified number of tasks, or to handle or produce a quantified amount of material, within a defined time period and under which the employee may suffer an adverse employment action if they fail to complete the performance standard. See California Labor Code 2100
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Recess: A temporary interruption of the legislative business.
  • 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
  • Redevelopment plan: means the Capitol Area Plan approved by the Director of General Services on March 15, 1977, and referred to in Section 8160, and the plan prepared pursuant to Section 8182. See California Government Code 8180
  • Redlining: The alleged practice of certain lending institutions of not making mortgage, home improvement, and small business loans in certain neighborhoods-usually areas that are deteriorating or considered by the lender to be poor investments. Source: OCC
  • Release: means any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping, or disposing into the environment. See California Health and Safety Code 25411
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • Remand: When an appellate court sends a case back to a lower court for further proceedings.
  • Remedial action: includes , but is not limited to, the cleanup or removal of released hazardous materials from the environment, monitoring, testing and analysis of the site, site operation and maintenance, and the placing of conditions, limitations, or restrictions on the uses of the site after remedial action has been completed. See California Health and Safety Code 25260
  • Removal: means the cleanup or removal of released hazardous materials from the environment or the taking of other actions that may be necessary to prevent, minimize, or mitigate damages that may otherwise result from a release or threatened release, as further defined in Section 101(23) of the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (42 U. See California Health and Safety Code 25548.1
  • Reorganization: means :

    California Government Code 12080

  • Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
  • 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 has resided continuously in the State of California for six months or more immediately prior to the date of application for a license or permit, any person on active military duty with the Armed Forces of the United States or auxiliary branch thereof, or any person enrolled in the Job Corps established pursuant to former Section 2883 of Title 29 of the United States Code. See California Fish and Game Code 70
  • Resolution: means a resolution of either house of the Legislature resolving as follows:

    California Government Code 12080

  • Respite care: means day and 24-hour relief for the parent or guardian and care for the patient. See California Health and Safety Code 1760.2
  • Respondent: includes defendant, where appropriate. See California Family Code 127
  • Responsible party: means any person, except for an independent contractor, who agrees to carry out a site investigation and remedial action at a hazardous materials release site for one of the following reasons:

    California Health and Safety Code 25260

  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • Revenue: as used in this chapter shall mean all fees, rates, charges, rentals or other income and revenue actually received or receivable by or for the account of the board from the operation of any particular project including without limiting the generality of the foregoing interest allowed on any moneys or securities and any proceeds derived from the sale of any securities and any consideration in any way derived from the particular project owned, operated or maintained by the board. See California Government Code 26487
  • revenue: means revenue derived from the tax collected pursuant to the Bradley-Burns Uniform Local Sales and Use Tax Law provided for in Part 1. See California Government Code 55702
  • Right of rescission: Right to cancel, within three business days, a contract that uses the home of a person as collateral, except in the case of a first mortgage loan. There is no fee to the borrower, who receives a full refund of all fees paid. The right of rescission is guaranteed by the Truth in Lending Act (TILA). Source: OCC
  • Risk assessment: is a detailed written review of a script and production plan prepared in accordance with Section 9152. See California Labor Code 9151
  • rural region: means a nonurban area identified by the department on an annual basis using the loan eligibility criteria of the Rural Housing Service of the United States Department of Agriculture, Rural Development Administration, or its successor agency. See California Public Resources Code 14588.1
  • Safety advisor: means a person who works in tandem with, but independent of, performers and crew and who is not employed for any other role on the motion picture production. See California Labor Code 9151
  • scrap metals and alloys: includes , but is not limited to, materials and equipment commonly used in construction, agricultural operations and electrical power generation, railroad equipment, oil well rigs, nonferrous materials, stainless steel, and nickel which are offered for sale to any junk dealer or recycler, but does not include scrap iron, household generated waste, or aluminum beverage containers, as defined in Chapter 2 (commencing with Section 14502) of Division 12. See California Business and Professions Code 21600
  • season: means "open season. See California Fish and Game Code 62
  • secondhand dealer: as used in this article , means and includes any person, copartnership, firm, or corporation whose business includes buying, selling, trading, taking in pawn, accepting for sale on consignment, accepting for auctioning, or auctioning secondhand tangible personal property. See California Business and Professions Code 21626
  • Secondhand dealer: has the meaning defined in Section 21626. See California Business and Professions Code 21651
  • Secretary: means the Secretary of Transportation. See California Government Code 14002.5
  • Secretary: means the Secretary of Labor and Workforce Development. See California Labor Code 19.5
  • Security interest: means an interest in a property created or established for the purpose of securing a loan or obligation. See California Health and Safety Code 25548.1
  • sell: means entering into, or other disposition, of a membership camping contract for value. See California Civil Code 1812.300
  • sell: means remanufacturing, retrofitting, selling, contracting to sell or resell, leasing, subletting, or otherwise placing in the stream of commerce. See California Health and Safety Code 24532
  • Sell: includes offer or possess for sale, barter, exchange, or trade. See California Fish and Game Code 75
  • seller: means membership camping operator. See California Civil Code 1812.300
  • seller: means a person who sells or offers to sell a service contract to a service contractholder, including a person who is the obligor under a service contract sold by the seller, manufacturer, or repairer of the product covered by the service contract. See California Business and Professions Code 9855
  • Serious injury or illness: means any injury or illness occurring in a place of employment or in connection with any employment that requires inpatient hospitalization, for other than medical observation or diagnostic testing, or in which an employee suffers an amputation, the loss of an eye, or any serious degree of permanent disfigurement, but does not include any injury or illness or death caused by an accident on a public street or highway, unless the accident occurred in a construction zone. See California Labor Code 6302
  • Service contract: means a contract in writing to perform, over a fixed period of time or for a specified duration, services relating to the maintenance, replacement, or repair of consumer goods and may include provisions for incidental payment of indemnity under limited circumstances, including, but not limited to, power surges, food spoilage, or accidental damage from handling. See California Business and Professions Code 9855
  • Service contract reimbursement insurance policy: means a policy of insurance issued by an insurer admitted to do business in this state providing coverage for all obligations and liabilities incurred by a service contract seller under the terms of the service contracts sold in this state by the service contract seller to a service contractholder. See California Business and Professions Code 9855
  • Service contractholder: means a person who purchases or receives a service contract from a service contract seller. See California Business and Professions Code 9855
  • Service contractor: means a service contract administrator or a service contract seller. See California Business and Professions Code 9855
  • Service dealer: means a person who, for compensation, engages in, or holds themselves out to the public as offering services in the business of:

    California Business and Professions Code 9801

  • Service of process: The service of writs or summonses to the appropriate party.
  • Service provider: means any public or private nonprofit agency which provides service directly to categorical populations. See California Government Code 16366.2
  • Sheriff: includes marshal. See California Code of Civil Procedure 17
  • 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
  • significant class of stolen goods: means those items determined through the Department of Justice's most recent OpenJustice Web portal update to constitute more than 10 percent of property reported stolen in the calendar year preceding the annual posting of the list of significant classes of stolen goods. See California Business and Professions Code 21627
  • site: means any area, location, or facility where a hazardous material has been released or threatens to be released into the environment. See California Health and Safety Code 25260
  • Site investigation: means those actions that are necessary to determine the full extent of a release or threatened release of a hazardous material at a hazardous materials release site, identify the public health and safety or environmental threat posed by the release or threatened release, collect data on possible remedies, and otherwise evaluate the hazardous materials release site for the purpose of implementing remedial action. See California Health and Safety Code 25260
  • Special district: includes a county service area, a maintenance district or area, an improvement district or improvement zone, or any other zone or area formed for the purpose of designating an area within which a property tax rate will be levied to pay for a service or improvement benefitting that area. See California Government Code 16271
  • special education transportation: means either of the following:

    California Education Code 41850

  • Specific risk assessment: means a risk assessment for identified high-risk activities or situations prepared in accordance with Section 9152. See California Labor Code 9151
  • Spousal support: means support of the spouse of the obligor. See California Family Code 142
  • Spouse: includes "registered domestic partner" as required by §. See California Health and Safety Code 12.2
  • Spouse: includes "registered domestic partner" as required by §. See California Business and Professions Code 14.2
  • Spouse: includes "registered domestic partner" as required by §. See California Code of Civil Procedure 17
  • spouse: includes "registered domestic partner" as required by §. See California Penal Code 7
  • Spouse: includes "registered domestic partner" as required by §. See California Revenue and Taxation Code 12.2
  • Spouse: includes "registered domestic partner" as required by Section 297. See California Family Code 143
  • Spouse: includes "registered domestic partner" as required by §. See California Government Code 12.2
  • Standards board: means the Occupational Safety and Health Standards Board, within the department. See California Labor Code 6302
  • 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 Harbors and Navigation Code 20
  • 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: means the State of California and includes any officer, department, board, or agency thereof. See California Code of Civil Procedure 706.070
  • state: when applied to the different parts of the United States, includes the District of Columbia and the territories, and the words "United States" may include the district and territories. See California Penal Code 7
  • State: means a state of the United States, the District of Columbia, or a commonwealth, territory, or insular possession subject to the jurisdiction of the United States. See California Family Code 145
  • State: means the State of California, unless applied to the different parts of the United States. See California Evidence Code 220
  • State: means the State of California, unless applied to the different parts of the United States. See California Fish and Game Code 83
  • state agencies: includes the Department of General Services and any and all organizational units, parts, and subdivisions of state agencies as defined in Section 11000. See California Government Code 11263
  • State agency: means any agency, department, division, commission, board, bureau, officer, or other authority of the State of California. See California Labor Code 6101
  • 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 agency: includes every state office, officer, department, division, bureau, board, and commission. See California Government Code 11000
  • state body: means each of the following:

    California Government Code 11121

  • State department: means the State Department of Public Health. See California Health and Safety Code 1760.2
  • State tax liability: means an amount for which the state has a state tax lien as defined in §. See California Code of Civil Procedure 706.070
  • Statement: means (a) oral or written verbal expression or (b) nonverbal conduct of a person intended by him as a substitute for oral or written verbal expression. See California Evidence Code 225
  • Station: means a lamp adjusting station or a brake adjusting station. See California Business and Professions Code 9888.1
  • Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
  • Stewardship: means the development and implementation of programs for the proper care, interpretation, and repose of items of historic and cultural value. See California Public Resources Code 5079.01
  • Story: means that portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above. See California Health and Safety Code 19955.3
  • Subdivision: means a subdivision of the section in which that term occurs unless some other section is expressly mentioned. See California Fish and Game Code 73
  • Subdivision: means a subdivision of the section in which the term occurs unless some other section is expressly mentioned. See California Government Code 10
  • Subpoena: A command to a witness to appear and give testimony.
  • Subpoena duces tecum: A command to a witness to produce documents.
  • subscription: includes mark when the signer or subscriber can not write, such signer's or subscriber's name being written near the mark by a witness who writes his own name near the signer's or subscriber's name. See California Government Code 16
  • Subsidiary district: means a special district in which the city council of a city has been empowered to act as ex officio members of the board of directors of such district and either:

    California Government Code 16271

  • Support: refers to a support obligation owing on behalf of a child, spouse, or family, or an amount owing pursuant to Section 17402. See California Family Code 150
  • Support order: means a judgment or order of support in favor of an obligee, whether temporary or final, or subject to modification, termination, or remission, regardless of the kind of action or proceeding in which it is entered. See California Family Code 155
  • swap meet: as used in this article , includes a flea market or an open-air market and means an event, regardless of the number of persons offering or displaying personal property or the absence of fees, at which used personal property is offered or displayed for sale or exchange if the event is held more than six times in any 12-month period. See California Business and Professions Code 21661
  • Take: means hunt, pursue, catch, capture, or kill, or attempt to hunt, pursue, catch, capture, or kill. See California Fish and Game Code 86
  • taker-up: means any person that takes up an estray animal pursuant to Section 17041. See California Food and Agricultural Code 17001
  • tangible personal property: means all secondhand tangible personal property that bears a serial number or personalized initials or inscription or that, at the time it is acquired by the secondhand dealer, bears evidence of having had a serial number or personalized initials or inscription. See California Business and Professions Code 21627
  • Tank: means an underground storage tank, as defined in Section 25281, used for the purpose of storing petroleum, as defined in Section 25299. See California Health and Safety Code 25299.100
  • Tax: as used in this part , except in Chapters 4 (commencing with Section 32151) and 5 (commencing with Section 32201), means the excise tax imposed by this part on beer or wine or on distilled spirits. See California Revenue and Taxation Code 32004
  • 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
  • Testate: To die leaving a will.
  • Testify: includes any mode of oral statement made under oath or affirmation. See California Code of Civil Procedure 17
  • Testify: Answer questions in court.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Title IV-D: means Title IV-D of the federal Social Security Act (42 U. See California Family Code 4252
  • 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
  • Trade secrets: as used in this chapter , includes, but is not limited to, any formula, plan, pattern, process, tool, mechanism, compound, procedure, production data, or compilation of information which is not patented, which is known only to certain individuals within a commercial concern who are using it to fabricate, produce, or compound an article of trade or a service having commercial value, and which gives its user an opportunity to obtain a business advantage over competitors who do not know or use it. See California Health and Safety Code 25290
  • Transaction: includes the deposit, withdrawal, transfer, bailment, loan, payment, or exchange of currency, or a monetary instrument, as defined by subdivision (c), by, through, or to, a financial institution, as defined by subdivision (a). See California Penal Code 14161
  • 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.
  • Transferring county: means the county from which territory is, or is proposed to be, transferred by reason of a county boundary change. See California Government Code 23231
  • Transport: includes offer or receive for transportation. See California Fish and Game Code 88
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Trier of fact: includes (a) the jury and (b) the court when the court is trying an issue of fact other than one relating to the admissibility of evidence. See California Evidence Code 235
  • Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. Source: OCC
  • Trustee: A person or institution holding and administering property in trust.
  • Trustor: The person who makes or creates a trust. Also known as the grantor or settlor.
  • 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
  • unavailable as a witness: means that the declarant is any of the following:

    California Evidence Code 240

  • unfair and predatory pricing: means the payment to consumers by a supermarket site, that receives handling fees for the redemption of beverage containers, in an amount that exceeds the sum of both of the following:

    California Public Resources Code 14588.1

  • unidentified person: means a person, living or deceased, whose identity the local investigative agency is unable to determine. See California Penal Code 14215
  • 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
  • Uninhabited territory: means territory where less than 12 persons who have been registered to vote within the territory for at least 54 days reside at the time of filing of a petition or resolution for county boundary change. See California Government Code 23231
  • Uphold: The decision of an appellate court not to reverse a lower court decision.
  • 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.
  • Value of the uninhabited territory: means the value of land and improvements thereon. See California Government Code 23231
  • Vendor: as used in this article , means any person, partnership, organization or corporation who exchanges, sells, or offers for sale or exchange any merchandise at a swap meet. See California Business and Professions Code 21661
  • Venue: The geographical location in which a case is tried.
  • Verdict: The decision of a petit jury or a judge.
  • vessel: means a vessel as defined in subdivision (c) of §. See California Penal Code 7
  • Veto: The procedure established under the Constitution by which the President/Governor refuses to approve a bill or joint resolution and thus prevents its enactment into law. A regular veto occurs when the President/Governor returns the legislation to the house in which it originated. The President/Governor usually returns a vetoed bill with a message indicating his reasons for rejecting the measure. In Congress, the veto can be overridden only by a two-thirds vote in both the Senate and the House.
  • Victim: means an individual who sustains injury or death as a direct result of a crime as specified in subdivision (e) of Section 13955. See California Government Code 13951
  • Victim advocate: work with prosecutors and assist the victims of a crime.
  • Victim center: means a victim and witness assistance center that receives funds pursuant to §. See California Government Code 13951
  • Violation: includes a failure to comply with any requirement of the code. See California Labor Code 22
  • Voir dire: The process by which judges and lawyers select a petit jury from among those eligible to serve, by questioning them to determine knowledge of the facts of the case and a willingness to decide the case only on the evidence presented in court. "Voir dire" is a phrase meaning "to speak the truth."
  • Voter: means a voter as defined by §. See California Government Code 25210.2
  • Warehouse distribution center: means an establishment as defined by any of the following North American Industry Classification System (NAICS) Codes, however that establishment is denominated:

    California Labor Code 2100

  • Wildlife: means and includes all wild animals, birds, plants, fish, amphibians, reptiles, and related ecological communities, including the habitat upon which the wildlife depends for its continued viability. See California Fish and Game Code 89.5
  • 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
  • Work out: means those actions by which a lender, at any time prior to foreclosure or its equivalent, seeks to prevent, cure, or mitigate a default by the borrower, or to preserve or prevent the diminution of the value of the property, security interest, or loan or obligation. See California Health and Safety Code 25548.1
  • 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 printing and typewriting. See California Code of Civil Procedure 17
  • Writing: means handwriting, typewriting, printing, photostating, photographing, photocopying, transmitting by electronic mail or facsimile, and every other means of recording upon any tangible thing, any form of communication or representation, including letters, words, pictures, sounds, or symbols, or combinations thereof, and any record thereby created, regardless of the manner in which the record has been stored. See California Evidence Code 250
  • Writing: includes any form of recorded message capable of comprehension by ordinary visual means. See California Financial Code 8
  • Zone: means a zone formed pursuant to Article 8 (commencing with Section 25217). See California Government Code 25210.2