Chapter 1 Definitions
Chapter 2 Disclosure of Medical Information by Providers
Chapter 2.5 Disclosure of Genetic Test Results by a Health Care Service Plan
Chapter 2.6 Genetic Privacy
Chapter 3 Use and Disclosure of Medical Information by Employers
Chapter 4 Relationship of Chapters 2 and 3
Chapter 4.1 Notifications
Chapter 5 Use and Disclosure of Medical and Other Information by Third Party Administrators and Others
Chapter 6 Relationship to Existing Law
Chapter 7 Violations

Terms Used In California Codes > Civil Code > Division 1 > Part 2.6 - CONFIDENTIALITY OF MEDICAL INFORMATION

  • Abandoned excavation: means any abandoned mining shaft, pit, well, septic tank, cesspool, or other abandoned excavation dangerous to persons legally on the premises where the abandoned excavation is located or to minors under the age of 12 years. See California Government Code 50230
  • 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.
  • Accepted credit card: means any credit card that the cardholder has requested or applied for and received or has signed, or has used, or has authorized another person to use, for the purpose of obtaining money, property, labor, or services on credit. See California Civil Code 1747.02
  • Acquire: means acquisition by purchase, grant, gift, or any other lawful means. See California Government Code 8589.10
  • acquisition of public utility works: includes construction, completion, or acquisition of public utilities or public utility works. See California Public Utilities Code 16801
  • Acquittal:
    1. Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
    2. A verdict of "not guilty."
     
  • Action: includes an action commenced by cross-complaint or other pleading that asserts a cause of action or claim for relief. See California Code of Civil Procedure 583.110
  • Action: includes a civil action and a criminal action. See California Evidence Code 105
  • Action: includes a civil action and a special proceeding of a civil nature. See California Code of Civil Procedure 2016.020
  • Actuarial interest rate: means the interest rate fixed by the board for purposes of actuarial valuation of the assets and liabilities of the award system. See California Government Code 50952
  • Advertisement: means any written or printed communication, including a directory listing, except a free telephone directory listing that does not allow space for a license number. See California Business and Professions Code 7500.1
  • Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
  • Affinity: signifies the connection existing in consequence of marriage, between each of the married persons and the blood relatives of the other when applied to the marriage relation. See California Code of Civil Procedure 17
  • 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 the Labor and Workforce Development Agency. See California Labor Code 18.5
  • Airport: means any area of land or water designed and set aside for the landing and taking off of aircraft and utilized or to be utilized in the interest of the public for such purposes. See California Government Code 50485.1
  • Airport hazard: means any structure or tree or use of land which obstructs the airspace required for the flight of aircraft in landing or taking off at an airport or is otherwise hazardous to such landing or taking off of aircraft. See California Government Code 50485.1
  • Airport hazard area: means any area of land or water upon which an airport hazard might be established if not prevented as provided in this article. See California Government Code 50485.1
  • Alarm agent: means a person employed by an alarm company operator whose duties, being physically conducted within the state, include selling on premises, altering, installing, maintaining, moving, repairing, replacing, servicing, responding, or monitoring an alarm system, and those ancillary devices connected to and controlled by the alarm system, including supplementary smoke detectors, or a person who manages or supervises a person employed by an alarm company to perform any of the duties described in this subdivision or any person in training for any of the duties described in this subdivision. See California Business and Professions Code 7590.1
  • Alarm system: means an assembly of equipment and devices arranged to detect a hazard or signal the presence of an off-normal situation. See California Business and Professions Code 7590.1
  • All-terrain vehicle: means a motor vehicle subject to subdivision (a) of Section 38010 that is all of the following:

    California Vehicle Code 111

  • Allegation: something that someone says happened.
  • Alley: is a ny highway having a roadway not exceeding 25 feet in width which is primarily used for access to the rear or side entrances of abutting property. See California Vehicle Code 110
  • Anniversary date: means the anniversary of the date on which zoning is established pursuant to Section 51112 or 51113 takes effect. See California Government Code 51104
  • 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.
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
  • 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: as used in this article , means the approval of the legislative body of the local agency, as the result of investigation and tests conducted by such agency or by reason of the accepted principles or tests by recognized national or state authorities, technical, or scientific organizations. See California Government Code 50022.1
  • aquaculture: means the culture and husbandry of aquatic organisms, including, but not limited to, fish, shellfish, mollusks, crustaceans, kelp, and algae. See California Public Resources Code 828
  • Arraignment: A proceeding in which an individual who is accused of committing a crime is brought into court, told of the charges, and asked to plead guilty or not guilty.
  • 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
  • at-risk: means there is evidence of, or there are indications of, any of the following:

    California Penal Code 14215

  • Attendance: means the number of children present at a preschool facility. See California Education Code 8205
  • attorney: means a licensee or former licensee of the State Bar. See California Business and Professions Code 6180.14
  • Audio-video communication: means being able to see, hear, and communicate with another individual in real time using electronic means in a manner that conforms to the requirements of this article and any rules or regulations adopted by the Secretary of State pursuant to this article. See California Government Code 8231.1
  • Audio-video recording: means a recording of the audio-video communication of an online notarial act required by Section 8231. See California Government Code 8231.1
  • Authority: means an entity established by the state that requires its members, including, but not limited to, local government entities, to adopt a resolution stating their intent to participate. See California Public Resources Code 10280.5
  • Authority: means the California Educational Facilities Authority created by this chapter or any board, body, commission, department, or officer succeeding to the principal functions of the authority or to whom the power conferred upon the authority by this chapter is given by law. See California Education Code 94110
  • Automated clearinghouse: means any federal reserve bank, or an organization established by agreement with the National Automated Clearing House Association, that operates as a clearinghouse for transmitting or receiving entries between banks or bank accounts and that authorizes an electronic transfer of funds between those banks or bank accounts. See California Insurance Code 45
  • Automated clearinghouse credit: means an automated clearinghouse transaction in which the taxpayer, through its own bank, originates an entry crediting the state's bank account and debiting its own bank account. See California Insurance Code 45
  • Automated clearinghouse debit: means a transaction in which any department of the state, through its designated depository bank, originates an automated clearinghouse transaction debiting the taxpayer's bank account and crediting the state's bank account for the amount of tax. See California Insurance Code 45
  • automobile dismantler: includes a person not otherwise expressly excluded by Section 221 who keeps or maintains on real property owned by the person, or under their possession or control, either of the following vehicles or catalytic converters, whether for the purpose of resale of used parts, for the purpose of reclaiming for use some or all of the materials, whether metal, glass, fabric, or otherwise, or to dispose of them, or for any other purpose:

    California Vehicle Code 220

  • Award: means monthly payments for life derived from contributions by a department. See California Government Code 50952
  • Award recipient: means a former member who satisfied all the requirements as determined by the board to be eligible to receive an award, and is receiving an award. See California Government Code 50952
  • Award system: means the Volunteer Firefighters Length of Service Award System established by this chapter. See California Government Code 50952
  • axle: is a structure or portion of a structure consisting of one or more shafts, spindles, or bearings in the same vertical transverse plane by means of which, in conjunction with wheels mounted on said shafts, spindles, or bearings, a portion of the weight of a vehicle and its load, if any, is continuously transmitted to the roadway when the vehicle is in motion. See California Vehicle Code 230
  • 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.
  • Bailiff: a court officer who enforces the rules of behavior in courtrooms.
  • 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.
  • Bill of sale: means a written instrument, conforming to the requirements of this chapter, which evidences a transfer of grain. See California Civil Code 1880.1
  • billing error: means an error by omission or commission in (1) posting any debit or credit, or (2) in computation or similar error of an accounting nature contained in a statement given to the cardholder by the card issuer. See California Civil Code 1747.02
  • Board: means the Wildlife Conservation Board created pursuant to Article 2 (commencing with Section 1320) of Chapter 4 of Division 20 of . See California Public Resources Code 10332
  • Board: as used in this chapter means the board of supervisors in the case of a county or city and county, and city council or board of trustees in the case of a city. See California Government Code 50798.3
  • Board: means the board of the California State Fire Employees Welfare Benefit Corporation. See California Government Code 50952
  • Board: means the board of supervisors of a county or city and county, whether general law or chartered, which establishes or proposes to establish a timberland production zone pursuant to this chapter. See California Government Code 51104
  • board of supervisors: means the board of supervisors of the county within which the city or territory is situated. See California Government Code 34001
  • Bond: means bonds, notes, debentures, securities, or other evidences of indebtedness of the authority issued pursuant to this chapter. See California Education Code 94110
  • bond: means revenue bond or other evidences of indebtedness but not attached coupons. See California Government Code 50661
  • 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 50798.1
  • book: signifies the recordation of an arrest in official police records, and the taking by the police of fingerprints and photographs of the person arrested, or any of these acts following an arrest. See California Penal Code 7
  • Branch office: means any location, other than the principal place of business of the licensee, which is licensed as set forth in Article 11 (commencing with Section 7599. See California Business and Professions Code 7590.1
  • Burden of producing evidence: means the obligation of a party to introduce evidence sufficient to avoid a ruling against him on the issue. See California Evidence Code 110
  • 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 Security and Investigative Services. See California Business and Professions Code 7580.4
  • Bureau: means the Bureau of Security and Investigative Services. See California Business and Professions Code 7590.1
  • Bureau: means the Bureau of Security and Investigative Services. See California Business and Professions Code 7500.1
  • bureau: means the Bureau of Security and Investigative Services. See California Business and Professions Code 7512.4
  • bus: is a ny vehicle, including a trailer bus, designed, used, or maintained for carrying more than 15 persons including the driver. See California Vehicle Code 233
  • business: includes a proprietorship, partnership, corporation, and any other form of commercial enterprise. See California Vehicle Code 234
  • Buyer: means a purchaser of grain which is thereafter stored in private bulk storage, and includes the assigns and successors in interest of such buyer. See California Civil Code 1880.1
  • California state preschool program: means those programs that offer part-day or full-day, or both, educational programs for eligible three- and four-year-old children. See California Education Code 8205
  • camper: is a structure designed to be mounted upon a motor vehicle and to provide facilities for human habitation or camping purposes. See California Vehicle Code 243
  • candidate: includes any officeholder who is subject to a recall election. See California Elections Code 305
  • capital paid-in: means :

    California Insurance Code 36

  • Card issuer: means any person who issues a credit card or the agent of that person for that purpose with respect to the credit card. See California Civil Code 1747.02
  • Cardholder: means a natural person to whom a credit card is issued for consumer credit purposes, or a natural person who has agreed with the card issuer to pay consumer credit obligations arising from the issuance of a credit card to another natural person. See California Civil Code 1747.02
  • Case law: The law as laid down in cases that have been decided in the decisions of the courts.
  • Casualty broker-agent: means a person licensed pursuant to Section 1625. See California Insurance Code 33.5
  • Caucus: From the Algonquian Indian language, a caucus meant "to meet together." An informal organization of members of the legislature that exists to discuss issues of mutual concern and possibly to perform legislative research and policy planning for its members. There are regional, political or ideological, ethnic, and economic-based caucuses.
  • center: means the Violent Crime Information Center. See California Penal Code 14215
  • Certified prior service credit: means credit for service performed prior to the contract operative date as certified by a qualifications review commission. See California Government Code 50952
  • Certified service credit: means credit certified pursuant to Section 50960 for services rendered by a member. See California Government Code 50952
  • Chambers: A judge's office.
  • chief: means the Chief of the Bureau of Security and Investigative Services. See California Business and Professions Code 7580.5
  • Chief: means the Chief of the Bureau of Security and Investigative Services. See California Business and Professions Code 7590.1
  • Chief: means the Chief of the Bureau of Security and Investigative Services. See California Business and Professions Code 7500.1
  • chief: means the Chief of the Bureau of Security and Investigative Services. See California Business and Professions Code 7512.5
  • child: is a ny person under 18 years of age. See California Penal Code 14215
  • City: includes "city and county" and "incorporated town" but does not include "unincorporated town" or "village. See California Government Code 20
  • City: includes every city and city and county within this State. See California Vehicle Code 255
  • City: includes city and county. See California Business and Professions Code 18
  • City: includes city and county and "incorporated town" but does not include "unincorporated town" or "village. See California Public Utilities Code 19
  • City: means any city or city and county. See California Government Code 51075
  • City: includes incorporated city, city and county, municipal corporation, municipality, town and incorporated town. See California Financial Code 13
  • city: means the county or city having jurisdiction over the land. See California Government Code 51104
  • City or county: means any city, county, or city and county. See California Government Code 50485.1
  • Civil action: includes civil proceedings. See California Evidence Code 120
  • Classification: means that each position in the classified service shall have a designated title, a regular minimum number of assigned hours per day, days per week, and months per year, a specific statement of the duties required to be performed by the employees in each such position, and the regular monthly salary ranges for each such position. See California Education Code 45101
  • Clerk: means the county elections official, registrar of voters, city clerk, or other officer or board charged with the duty of conducting any election. See California Elections Code 307
  • clerk: means the clerk of a county or the legislative body thereof. See California Government Code 50270.5
  • Client: means a person who has, within the three years preceding the sale of financial products by a lawyer to that person, employed that lawyer for legal services. See California Business and Professions Code 6175
  • Code: as used in this article , means any statute, or any published compilation of rules, regulations or standards adopted by the federal government or the State of California, or by any agency of either of them. See California Government Code 50022.1
  • Codicil: An addition, change, or supplement to a will executed with the same formalities required for the will itself.
  • Cohort population: means the number of students that began a program on a cohort start date. See California Education Code 94928
  • Cohort start date: means the first class day after the cancellation period during which a cohort of students attends class for a specific program. See California Education Code 94928
  • Collateral: means any specific vehicle, trailer, boat, recreational vehicle, motor home, appliance, or other property that is subject to a security agreement. See California Business and Professions Code 7500.1
  • commercial vehicle: is a motor vehicle of a type required to be registered under this code used or maintained for the transportation of persons for hire, compensation, or profit or designed, used, or maintained primarily for the transportation of property. See California Vehicle Code 260
  • Commission: means the Public Utilities Commission created by §. See California Public Utilities Code 20
  • Commission: means the Citizens Redistricting Commission in the County of Orange established pursuant to Section 21582. See California Elections Code 21580
  • Commissioner: means the Insurance Commissioner of this State. See California Insurance Code 20
  • Commissioner: means any county agricultural commissioner. See California Food and Agricultural Code 26
  • 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.
  • Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
  • Community-based punishment: means correctional sanctions and programming encompassing a range of custodial and noncustodial responses to criminal or noncompliant offender activity. See California Penal Code 17.5
  • Compatible use: is a ny use which does not significantly detract from the use of the property for, or inhibit, growing and harvesting timber, and shall include, but not be limited to, any of the following, unless in a specific instance such a use would be contrary to the preceding definition of compatible use:

    California Government Code 51104

  • Complaint: includes a cross-complaint. See California Code of Civil Procedure 587.5
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Complaint: includes a cross-complaint or other initial pleading. See California Code of Civil Procedure 583.110
  • Complaint: means a complaint or cross-complaint. See California Code of Civil Procedure 426.10
  • comprehensive water resources management plan: means a plan for coordinating and managing the supply and distribution of water for residential, commercial, industrial or other purposes and for coordinating and managing the treatment and disposal of waste water from all sources. See California Government Code 25712
  • Concurrent resolution: A legislative measure, designated "S. Con. Res." and numbered consecutively upon introduction, generally employed to address the sentiments of both chambers, to deal with issues or matters affecting both houses, such as a concurrent budget resolution, or to create a temporary joint committee. Concurrent resolutions are not submitted to the President/Governor and thus do not have the force of law.
  • Conduct: includes all active and passive behavior, both verbal and nonverbal. See California Evidence Code 125
  • Conservation easement: means a conservation easement, as defined by §. See California Public Resources Code 10332
  • Contiguous: means two or more parcels of land that are adjoining or neighboring or are sufficiently near to each other, as determined by the board or council, that they are manageable as a single forest unit. See California Government Code 51104
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Contractor: means the department, division, or other unit of a person or organization responsible for the performance under the contract. See California Government Code 8351
  • Controlled substance: means a controlled substance in schedules I through V of Section 202 of the Controlled Substances Act (21 U. See California Government Code 8351
  • Cost: includes , but is not limited to, expenditures that are related to the operation of preschool programs. See California Education Code 8205
  • Council: means the city council of a city, whether general law or chartered, which establishes or proposes to establish a timberland production zone pursuant to this chapter. See California Government Code 51104
  • Counterclaim: A claim that a defendant makes against a plaintiff.
  • County: includes city and county. See California Government Code 19
  • County: includes city and county. See California Water Code 14
  • County: includes "city and county. See California Welfare and Institutions Code 14
  • County: includes every county and city and county within this State. See California Vehicle Code 270
  • County: includes "city and county. See California 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 Public Resources Code 14
  • County: includes city and county. See California Public Utilities Code 18
  • County: includes city and county. See California Financial Code 14
  • County: includes city and county. See California Food and Agricultural Code 29
  • county: means the County of San Mateo. See California Government Code 25711
  • Court: means the court in which the action is pending. See California Code of Civil Procedure 583.110
  • Court: means the trial court in which the action is pending, unless otherwise specified. See California Code of Civil Procedure 2016.020
  • Credential: means a government-issued record evidencing an individual's identity that satisfies the requirements of paragraph (3) or (4) of subdivision (b) of §. See California Government Code 8231.1
  • Credential analysis: means a process or service operating according to the requirements of this article and any rules or regulations adopted by the Secretary of State pursuant to this article, through which a third party affirms the validity of a credential through review of public and proprietary data sources. See California Government Code 8231.1
  • Credit card: means any card, plate, coupon book, or other single credit device existing for the purpose of being used from time to time upon presentation to obtain money, property, labor, or services on credit. See California Civil Code 1747.02
  • Crime: means an act committed in this state which, if committed by a competent adult, would constitute a misdemeanor or felony. See California Penal Code 679.01
  • Criminal action: includes criminal proceedings. See California Evidence Code 130
  • Custodian of the fund: means a financial institution or other entity that qualifies under the laws of this state to act as a trustee of and establish a trust described in Internal Revenue Service Revenue Procedure 92-64. See California Government Code 50952
  • Dangerous drugs: means any controlled substances as defined in Chapter 2 (commencing with Section 11053) of Division 10 of . See California Business and Professions Code 7500.1
  • Deadly weapon: means and includes any instrument or weapon of the kind commonly known as a blackjack, slungshot, billy, sandclub, sandbag, or metal knuckles. See California Business and Professions Code 7590.1
  • Deadly weapon: means and includes any instrument or weapon of the kind commonly known as a firearm. See California Business and Professions Code 7500.1
  • Dealer: is a person not otherwise expressly excluded by Section 286 who:

    California Vehicle Code 285

  • Debtor: means any person obligated under a security agreement. See California Business and Professions Code 7500.1
  • Decedent: A deceased person.
  • Declarant: is a person who makes a statement. See California Evidence Code 135
  • Declared homestead: means the dwelling described in a homestead declaration. See California Code of Civil Procedure 704.910
  • Declared homestead owner: includes both of the following:

    California Code of Civil Procedure 704.910

  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Defendant: includes a cross-defendant. See California Code of Civil Procedure 587.5
  • Defendant: includes a cross-defendant or other person against whom an action is commenced. See California Code of Civil Procedure 583.110
  • Defense attorney: Represent defendants in criminal matters.
  • Department: means the Department of Conservation. See California Public Resources Code 10280.5
  • department: means the Department of Transportation. See California Public Resources Code 33910
  • Department: means the Department of Consumer Affairs. See California Business and Professions Code 7590.1
  • department: means the State Department of Health Services. See California Welfare and Institutions Code 14062
  • Department: means the Department of Motor Vehicles except, when used in Chapter 2 (commencing with Section 2100) of Division 2 and in Divisions 11 (commencing with Section 21000), 12 (commencing with Section 24000), 13 (commencing with Section 29000), 14 (commencing with Section 31600), 14. See California Vehicle Code 290
  • Department: means Department of Industrial Relations. See California Labor Code 19
  • department: means the Department of Fish and Game. See California Public Resources Code 830
  • Department: means any of the following:

    California Government Code 50952

  • Department: means the Department of Consumer Affairs. See California Business and Professions Code 7500.1
  • Department: means the Department of Food and Agriculture. See California Food and Agricultural Code 32
  • Dependent: A person dependent for support upon another.
  • Dependent person: includes any person who is admitted as an inpatient to a 24-hour health facility, as defined in Sections 1250, 1250. See California Evidence Code 177
  • 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.
  • Depository: means an individual or entity that has an active registration with the Secretary of State pursuant to Section 8231. See California Government Code 8231.1
  • Devise: To gift property by will.
  • direct evidence: means evidence that directly proves a fact, without an inference or presumption, and which in itself, if true, conclusively establishes that fact. See California Evidence Code 410
  • director: means the Director of Consumer Affairs, unless the context indicates otherwise. See California Business and Professions Code 7580.1
  • Director: means the Director of Consumer Affairs. See California Business and Professions Code 7590.1
  • Director: means the Director of Emergency Services. See California Government Code 8589.10
  • Director: means Director of Industrial Relations. See California Labor Code 20
  • director: means the Director of the Department of Fish and Game. See California Public Resources Code 829
  • Director: means the Director of Consumer Affairs. See California Business and Professions Code 7500.1
  • director: means the Director of Consumer Affairs, unless the context indicates otherwise. See California Business and Professions Code 7512.1
  • directors: means natural persons, designated in the articles or bylaws or elected by the incorporators, and their successors and natural persons designated, elected, or appointed by any other name or title to act as members of the governing body of the corporation. See California Corporations Code 5047
  • Disability: means a medical condition, mental disability, or physical disability, as those terms are defined in subdivisions (i), (j), and (l) of §. See California Elections Code 354.5
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • distributor: is a ny person other than a manufacturer who sells or distributes new vehicles subject to registration under this code, new trailers subject to identification pursuant to Section 5014. See California Vehicle Code 296
  • distributor branch: is a n office maintained by a distributor for the sale of new vehicles or new trailers subject to identification pursuant to Section 5014. See California Vehicle Code 297
  • District: means a habitat maintenance assessment district formed pursuant to this article. See California Government Code 50060
  • Districts: means school districts of every kind or class. See California Education Code 35514
  • Docket: A log containing brief entries of court proceedings.
  • Donee: The recipient of a gift.
  • Donor: The person who makes a gift.
  • Dormitory: means a housing unit with necessary and usual attendant and related facilities and equipment. See California Education Code 94110
  • driver: is a person who drives or is in actual physical control of a vehicle. See California Vehicle Code 305
  • driving school: is a business which, for compensation, conducts or offers to conduct instruction in the operation of motor vehicles. See California Vehicle Code 310.6
  • driving school owner: is a ny person licensed by the department to engage in the business of giving instruction for compensation in the driving of motor vehicles or in the preparation of an applicant for examination for a driver's license issued by the department. See California Vehicle Code 311
  • drug: means any substance or combination of substances, other than alcohol, which could so affect the nervous system, brain, or muscles of a person as to impair, to an appreciable degree, his ability to drive a vehicle in the manner that an ordinarily prudent and cautious man, in full possession of his faculties, using reasonable care, would drive a similar vehicle under like conditions. See California Vehicle Code 312
  • Drug-free workplace: means a site for the performance of work done in connection with a specific grant or contract described in Article 2 (commencing with Section 8355) of an entity at which employees of the entity are prohibited from engaging in the unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance in accordance with the requirements of this chapter. See California Government Code 8351
  • Dwelling: means a place where a person resides and may include but is not limited to the following:

    California Code of Civil Procedure 704.710

  • Dwelling: means any interest in real property (whether present or future, vested or contingent, legal or equitable) that is a "dwelling" as defined in Section 704. See California Code of Civil Procedure 704.910
  • 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
  • Educational facility: means a dormitory, dining hall, student union, administration building, academic building, library, laboratory, research facility, classroom, health care facility (including for an institution of higher education that maintains and operates a school of medicine, structures or facilities designed to provide services as a hospital or clinic, whether the hospital or clinic is operated directly by the institution of higher education or by a separate nonprofit corporation, the members of which consist of the educational institution or the members of its governing body), faculty and staff housing, parking, maintenance, storage, or utility facilities, and other related structures or facilities used for student instruction, conducting research, or operating an institution for higher education, and related facilities and equipment. See California Education Code 94110
  • Election: means any election including a primary that is provided for under this code. See California Elections Code 318
  • Election board: means the board of supervisors of each county, the city council or other governing body of a city, or any board or officer to whom similar powers and duties are given by any charter. See California Elections Code 319
  • Elections official: means any of the following:

    California Elections Code 320

  • Elector: means a person who is a United States citizen 18 years of age or older and, except as specified in subdivision (b), is a resident of an election precinct in this state on or before the day of an election. See California Elections Code 321
  • electric bicycle: is a bicycle equipped with fully operable pedals and an electric motor of less than 750 watts. See California Vehicle Code 312.5
  • Electrolysis: as used in this chapter includes electrolysis or thermolysis. See California Business and Professions Code 7316
  • Electronic: means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. See California Government Code 8231.1
  • Electronic: means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. See California Code of Civil Procedure 2016.020
  • Electronic format: includes , but is not limited to, a text message, email, or internet posting. See California Business and Professions Code 7500.1
  • Electronic journal: means an active sequential record of official acts performed while using an online notarization system performed by a person acting as a notary public authorized to perform online notarization maintained in a secure electronic format according to the requirements of this article and any rules or regulations adopted by the Secretary of State pursuant to this article. See California Government Code 8231.1
  • Electronic online notarial certificate: means the part of, or attachment to, an electronic record that is completed by the notary public authorized to perform online notarization and contains both of the following:

    California Government Code 8231.1

  • Electronic record: means a record created, generated, sent, communicated, received, or stored by electronic means. See California Government Code 8231.1
  • Electronic seal: means information within a notarized electronic record that corresponds to information in notary seals used on paper records and that, where applicable, conforms to the requirement of this article, including, but not limited to, subdivision (b) of Section 8231. See California Government Code 8231.1
  • Electronic signature: means an electronic sound, symbol, or process attached to or logically associated with an electronic record and executed or adopted by a person with the intent to sign the electronic record. See California Government Code 8231.1
  • 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 an individual who works for an employer, is listed on the employer's payroll records, and is under the employer's direction and control. See California Business and Professions Code 7512.11
  • employee: means an individual who works for an employer, is listed on the employer's payroll records, and is under the employer's direction and control. See California Business and Professions Code 7580.9
  • Employee: means an individual who works for an employer, is listed on the employer's payroll records, and is under the employer's direction and control. See California Business and Professions Code 7590.1
  • 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: means the employee of a grantee or contractor directly engaged in the performance of work pursuant to the grant or contract described in Article 2 (commencing with Section 8355) . See California Government Code 8351
  • employer: means a person who employs an individual for wages or salary, lists the individual on the employer's payroll records, and withholds all legally required deductions and contributions. See California Business and Professions Code 7512.10 v2
  • employer: means a person who employs an individual for wages or salary, lists the individual on the employer's payroll records, and withholds all legally required deductions and contributions. See California Business and Professions Code 7580.8
  • Employer: means a person who employs an individual for wages or salary, lists the individual on the employer's payroll records, and withholds all legally required deductions and contributions. See California Business and Professions Code 7590.1
  • Employer: means a person for whom an individual performs services as an employee. See California Code of Civil Procedure 706.011
  • Employer-employee relationship: means an individual who works for another and where the individual's name appears on the payroll records of the employer. See California Business and Professions Code 7590.1
  • encrypted: means rendered unusable, unreadable, or indecipherable to an unauthorized person through a security technology or methodology generally accepted in the field of information security. See California Government Code 8231.1
  • English learner: means a pupil who is "limited English proficient" as that term is defined in the federal No Child Left Behind Act of 2001 (20 U. See California Education Code 306
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Escrow: Money given to a third party to be held for payment until certain conditions are met.
  • 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-based practices: refers to supervision policies, procedures, programs, and practices demonstrated by scientific research to reduce recidivism among individuals under probation, parole, or post release supervision. See California Penal Code 17.5
  • Executive director: means the Executive Director of the California Educational Facilities Authority. See California Education Code 94157
  • 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
  • expert: means a physician and surgeon, including a psychiatrist, or any person described by subdivision (b), (c), or (e) of Section 1010. See California Evidence Code 240
  • Express written request: means a request made in writing and initiated by a principal to access, use, share, sell, disclose, produce, provide, release, transfer, disseminate, or otherwise communicate the specified information for a specific purpose. See California Government Code 8231.1
  • expressway: is a portion of highway that is part of either of the following:

    California Vehicle Code 314

  • facility: means any works, road, railroad, tramway, power plant, telegraph or telephone line, or other necessary works or structures. See California Government Code 39790
  • Factory-built housing: is a structure as defined in §. See California Vehicle Code 321
  • Faculty and staff housing: means a residential unit owned by a participating college or participating nonprofit entity for use by an individual holding a faculty appointment or a staff position at a public university, public college, or participating college. See California Education Code 94110
  • Family childcare home education network: means an entity organized under law that contracts with the department to make payments to licensed family childcare home providers and to provide educational and support services to those providers and to children and families eligible for California state preschool program services. See California Education Code 8205
  • farm labor vehicle: is a ny motor vehicle designed, used, or maintained for the transportation of nine or more farmworkers, in addition to the driver, to or from a place of employment or employment-related activities. See California Vehicle Code 322
  • 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
  • Fedwire: means any transaction originated by the taxpayer and utilizing the national electronic payment system to transfer funds through federal reserve banks, pursuant to which the taxpayer debits its own bank account and credits the state's bank account. See California Insurance Code 45
  • Financial institution: means a bank as defined under paragraph (4) of subdivision (b) of §. See California Education Code 94157
  • Financial products: means long-term care insurance, life insurance, and annuities governed by the Insurance Code, or its successors. See California Business and Professions Code 6175
  • Fire suppression: includes firefighting and fire prevention including, but not limited to, vegetation removal or management undertaken, in whole or in part, for the reduction of a fire hazard. See California Government Code 50078.1
  • firearm: has the meaning provided in subdivision (a) of Section 16520. See California Penal Code 12001
  • firearm permit: includes "firearms permit" "firearms qualification card" "firearms qualification" and "firearms qualification permit. See California Business and Professions Code 7512.13
  • firearm permit: includes "firearms permit" "firearms qualification card" "firearms qualification" and "firearms qualification permit. See California Business and Professions Code 7580.11
  • Firefighting apparatus and equipment: means any vehicle and its associated equipment that is designed and intended for use primarily for firefighting. See California Government Code 8589.10
  • for hire: means that the entity providing transportation services is compensated for the transportation under contract or agreement. See California Vehicle Code 462
  • 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
  • Foreign: means not organized under the laws of this State, whether or not admitted. See California Insurance Code 27
  • Forgery: The fraudulent signing or alteration of another's name to an instrument such as a deed, mortgage, or check. The intent of the forgery is to deceive or defraud. Source: OCC
  • Former district: means a school district that has been wholly included in another school district, or has had all of its territory made part of two or more other school districts, through any action taken pursuant to Section 35511 or through a lapsation pursuant to Section 35780. See California Education Code 35514
  • Four-year-old children: means children who will have their fourth birthday on or before December 1 of the fiscal year in which they are enrolled in a California state preschool program, or a child whose fifth birthday occurs after September 1 of the fiscal year in which they are enrolled in a California state preschool and whose parent or guardian has opted to retain or enroll them in a California state preschool program. See California Education Code 8205
  • franchise: is a written agreement between two or more persons having all of the following conditions:

    California Vehicle Code 331

  • franchisee: is a ny person who, pursuant to a franchise, receives new motor vehicles subject to registration under this code, new off-highway motorcycles, as defined in Section 436, new all-terrain vehicles, as defined in Section 111, or new trailers subject to identification pursuant to Section 5014. See California Vehicle Code 331.1
  • franchisor: is a ny person who manufactures, assembles, or distributes new motor vehicles subject to registration under this code, new off-highway motorcycles, as defined in Section 436, new all-terrain vehicles, as defined in Section 111, or new trailers subject to identification pursuant to Section 5014. See California Vehicle Code 331.2
  • Fraud: Intentional deception resulting in injury to another.
  • Fund: means an account or trust described in Internal Revenue Service Revenue Procedure 92-64, which is maintained by the custodian of the fund. See California Government Code 50952
  • Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
  • general assignment for the benefit of creditors: means an assignment which satisfies all of the following requirements:

    California Code of Civil Procedure 493.010

  • General election: means either of the following:

    California Elections Code 324

  • General public paratransit vehicle: means any motor vehicle designed for carrying no more than 24 persons and the driver, that provides local transportation to the general public, including transportation of pupils at or below the 12th-grade level to or from a public or private school or school activity, under the exclusive jurisdiction of a publicly owned and operated transit system through one of the following modes: dial-a-ride, subscription service, or route-deviated bus service. See California Vehicle Code 336
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Graduates available for employment: means the number of graduates minus the number of graduates unavailable for employment. See California Education Code 94928
  • Graduates employed in the field: means graduates who are gainfully employed in a single position for which the institution represents the program prepares its graduates, beginning within six months after a student completes the applicable educational program. See California Education Code 94928
  • Graduates unavailable for employment: means graduates who, after graduation, die, become incarcerated, are called to active military duty, are international students that leave the United States or do not have a visa allowing employment in the United States, or are continuing their education at an accredited or bureau-approved postsecondary institution. See California Education Code 94928
  • Grain: includes barley, corn, flax, hay, grain sorghums, oats, rice, rye, and wheat. See California Civil Code 1880.1
  • Grain and seed: includes any grain, seeds, rice, beans, and any other agricultural product which is customarily cleaned by grain and seed cleaners. See California Food and Agricultural Code 55251
  • Grain and seed cleaner: means a person that is lawfully engaged in the business of cleaning grain and seeds for others. See California Food and Agricultural Code 55251
  • Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
  • Grant program: means the program established pursuant to Section 10280. See California Public Resources Code 10280.5
  • Grantee: means the department, division, or other unit of a person or organization responsible for the performance under the grant. See California Government Code 8351
  • Grantor: The person who establishes a trust and places property into it.
  • Guarantor: A party who agrees to be responsible for the payment of another party's debts should that party default. Source: OCC
  • 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 explosives and hazardous wastes or substances as defined by regulations adopted pursuant to §. See California Vehicle Code 353
  • Health hazard: means any personal effects that if retained would produce an unsanitary or unhealthful condition, or which might damage other personal effects. See California Business and Professions Code 7500.1
  • 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.
  • Highway: is a way or place of whatever nature, publicly maintained and open to the use of the public for purposes of vehicular travel. See California Vehicle Code 360
  • Homestead: means the principal dwelling (1) in which the judgment debtor or the judgment debtor's spouse resided on the date the judgment creditor's lien attached to the dwelling, and (2) in which the judgment debtor or the judgment debtor's spouse resided continuously thereafter until the date of the court determination that the dwelling is a homestead. See California Code of Civil Procedure 704.710
  • Homestead declaration: includes both of the following:

    California Code of Civil Procedure 704.910

  • house car: is a motor vehicle originally designed, or permanently altered, and equipped for human habitation, or to which a camper has been permanently attached. See California Vehicle Code 362
  • Identity proofing: means a process or service operating according to the requirements of this article and any rules or regulations adopted by the Secretary of State pursuant to this article through which a third party affirms the identity of an individual through review of personal information from public or proprietary data sources. See California Government Code 8231.1
  • 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.
  • Improvement: means one or any combination of the following:

    California Government Code 50060

  • improvements: means any or all of the following property acquired, constructed or installed by a local agency with funds derived from special assessments under the Improvement Act of 1911 (Division 7 (commencing at Section 5000), Streets and Highways Code) or any other law:

    California Government Code 50550

  • In forma pauperis: In the manner of a pauper. Permission given to a person to sue without payment of court fees on claim of indigence or poverty.
  • Incidental expenses: include all of the following:

    California Government Code 50060

  • Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
  • Indirect expenses: means those items that are identified as indirect costs in the federal Office of Management and Budget, Circular A-87 on January 1, 1985. See California Government Code 8589.10
  • Initiating resolution: means a resolution by which a legislative body determines that public interest or necessity demands the issuance of bonds. See California Government Code 50665.1
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • inquiry: is a writing that is posted by mail to the address of the card issuer to which payments are normally tendered, unless another address is specifically indicated on the statement for that purpose, then to that other address, and that is received by the card issuer no later than 60 days after the card issuer transmitted the first periodic statement that reflects the alleged billing error, and that does all of the following:

    California Civil Code 1747.02

  • Inspector: means the supervisor of the precinct board of which he or she is a member. See California Elections Code 325
  • instruction: includes classroom driver education, in-vehicle driver training, and correspondence study. See California Vehicle Code 310.6
  • Insurance agent: means a person authorized, by and on behalf of an insurer, to transact all classes of insurance other than life, disability, or health insurance, on behalf of an admitted insurance company. See California Insurance Code 31
  • Insurance broker: means a person who, for compensation and on behalf of another person, transacts insurance other than life, disability, or health with, but not on behalf of, an insurer. See California Insurance Code 33
  • Insurance policy: as used in this article , means a commercial general liability policy of insurance issued by an insurance company authorized to transact business in this state that provides minimum limits of insurance of one million dollars ($1,000,000) for any one loss or occurrence due to bodily injury, including death, or property damage, or both. See California Business and Professions Code 7583.40 v2
  • 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
  • International funds transfer: means any transaction originated by the taxpayer and utilizing "SWIFT" the international electronic payment system to transfer funds in which the taxpayer debits its own bank account, and credits the funds to a United States bank that credits the state's bank account. See California Insurance Code 45
  • 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 powers authority: means a joint powers authority established pursuant to Chapter 5 (commencing with Section 6500) of Division 7 of Title 1 of . See California Public Resources Code 10280.5
  • 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.
  • Juror: A person who is on the jury.
  • Jury instructions: A judge's directions to the jury before it begins deliberations regarding the factual questions it must answer and the legal rules that it must apply. Source: U.S. Courts
  • Justice reinvestment: is a data-driven approach to reduce corrections and related criminal justice spending and reinvest savings in strategies designed to increase public safety. See California Penal Code 17.5
  • 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
  • Landowner: includes a lessee or trustee, if the expiration of the lease or trust occurs at a time later than the expiration of the open-space restriction or any extension thereof. See California Government Code 51075
  • Language acquisition programs: refers to educational programs designed to ensure English acquisition as rapidly and as effectively as possible, and that provide instruction to pupils on the state-adopted academic content standards, including the English language development standards. See California Education Code 306
  • Law: includes constitutional, statutory, and decisional law. See California Evidence Code 160
  • law practice: means (a) a law practice conducted by an individual. See California Business and Professions Code 6180.14
  • Lawsuit: A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty, resulting in harm to the plaintiff.
  • Lawyer: means a licensee of the State Bar or a person who is admitted and in good standing and eligible to practice before the bar of any United States court or the highest court of the District of Columbia or any state, territory, or insular possession of the United States, or licensed to practice law in, or is admitted in good standing and eligible to practice before the bar of the highest court of, a foreign country or any political subdivision thereof, and includes any agent of the lawyer or law firm or law corporation doing business in the state. See California Business and Professions Code 6175
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Legacy: A gift of property made by will.
  • legal owner: is a person holding a security interest in a vehicle which is subject to the provisions of the Uniform Commercial Code, or the lessor of a vehicle to the State or to any county, city, district, or political subdivision of the State, or to the United States, under a lease, lease-sale, or rental-purchase agreement which grants possession of the vehicle to the lessee for a period of 30 consecutive days or more. See California Vehicle Code 370
  • Legal owner: means a person holding any of the following:

    California Business and Professions Code 7500.1

  • Legislative body: as used in this division , means board of supervisors in the case of a county or city and county, and city council or board of trustees in the case of a city, unless the context otherwise requires. See California Government Code 50002
  • legislative body: means board of trustees, city council, or other governing body of a city. See California Government Code 34000
  • Legislative body: means the city council, board of supervisors, or any other governing body of a local agency. See California Government Code 50060
  • Legislative body: means the board of directors, trustees, governors, or any other governing body of a local agency specified in subdivision (b). See California Government Code 50078.1
  • Legislative body: means the legislative body of a local agency. See California Government Code 50230
  • Legislative body: means the city council in the case of a city, and the board of supervisors in the case of a county. See California Government Code 50665.1
  • Legislative session: That part of a chamber's daily session in which it considers legislative business (bills, resolutions, and actions related thereto).
  • Lessor: includes "bailor" and "lease" includes "bailment. See California Vehicle Code 372
  • license: shall include a permit or a certificate issued by a state agency. See California Penal Code 23
  • licensee: means a person licensed under this chapter and includes, but is not limited to, private patrol operator and armored contract carrier. See California Business and Professions Code 7580.6
  • Licensee: means a business entity, whether an individual, partnership, limited liability company, or corporation licensed under this chapter. See California Business and Professions Code 7590.1
  • licensee: means an insurer, agent, broker, or any other person who is required to be licensed by the department. See California Insurance Code 38.6
  • Licensee: means an individual, partnership, limited liability company, or corporation licensed under this chapter as a repossession agency. See California Business and Professions Code 7500.1
  • licensee: means a person licensed under this chapter. See California Business and Professions Code 7512.6
  • Limousine: means any sedan or sport utility vehicle, of either standard or extended length, with a seating capacity of not more than 10 passengers including the driver, used in the transportation of passengers for hire on a prearranged basis within this state. See California Vehicle Code 378
  • Lineal descendant: Direct descendant of the same ancestors.
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • livestock: includes domestic fowls and rabbits. See California Food and Agricultural Code 30651
  • Local agency: means any city, county, special district, or any joint powers agency composed exclusively of those agencies, that provides fire suppression services. See California Government Code 8589.10
  • Local agency: as used in this division means county, city, or city and county, unless the context otherwise requires. See California Government Code 50001
  • Local agency: means any city, county, or city and county, whether general law or chartered. See California Government Code 50060
  • Local agency: means any county, city, city and county, including a charter city or county, or any special district. See California Government Code 50075.5
  • Local agency: means any city, county, or city and county, whether general law or chartered, or special district, including a county service area created pursuant to the County Service Area Law (Chapter 2. See California Government Code 50078.1
  • Local agency: means a city, a city and county, or a county. See California Government Code 50230
  • local agency: includes any board or department of the local agency. See California Government Code 50660
  • Local agency: means any county, city, or city and county, including a chartered city, or special district, including a school district. See California Government Code 50665.1
  • Local authorities: means the legislative body of every county or municipality having authority to adopt local police regulations. See California Vehicle Code 385
  • Local educational agency: means a school district, a county office of education, a community college district, or a school district acting on behalf of one or more schools within the school district. See California Education Code 8205
  • Local government entity: means any city, county, city and county, or district, including, but not limited to, park and open-space districts, resource conservation districts, and other special districts. See California Public Resources Code 10280.5
  • Local public agency: means any city, county, city and county, resource conservation district, district formed pursuant to Article 3 (commencing with Section 5500) of Chapter 3 of Division 5, authority formed pursuant to Division 26 (commencing with Section 35100), or joint powers authority made up of two or more local public agencies and one or more state agencies. See California Public Resources Code 10332
  • Loss reserve account: means an account in the State Treasury or in any financial institution that is established and maintained by the authority for the benefit of a financial institution participating in the program for the purposes of any of the following:

    California Education Code 94157

  • magistrate: signifies any one of the officers mentioned in Section 808. See California Penal Code 7
  • maintenance: means the furnishing of services and materials for the ordinary and usual maintenance, operation, and servicing of any improvement, including, but not limited to, all of the following:

    California Government Code 50060

  • Maintenance facility or terminal: includes a private business or residence. See California Vehicle Code 34515
  • 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
  • manager: means an individual designated under an operating agreement of a manager-managed limited liability company who is responsible for performing the management functions for the limited liability company specified in subdivision (c) of §. See California Business and Professions Code 7512.15
  • manager: means the individual under whose direction, control, charge, or management the business of a licensee is operated. See California Business and Professions Code 7580.7
  • Manager: means an individual designated under an operating agreement of a manager-managed limited liability company who is responsible for performing the management functions for the limited liability company specified in subdivision (c) of §. See California Business and Professions Code 7590.1
  • mandatory supervision: shall mean the portion of a defendant's sentenced term during which time he or she is supervised by the county probation officer pursuant to subparagraph (B) of paragraph (5) of subdivision (h) of Section 1170. See California Penal Code 19.9
  • manufacturer branch: is a n office maintained by a manufacturer for the sale of new vehicles to dealers or for directing or supervising in whole or in part the manufacturer's representatives. See California Vehicle Code 389
  • mayor: includes president of the legislative body. See California Government Code 34002
  • Measure: means any constitutional amendment or other proposition submitted to a popular vote at any election. See California Elections Code 329
  • Medi-Cal: means the California Medical Assistance Program. See California Welfare and Institutions Code 14063
  • member: means an individual who is a member of a limited liability company as specified in §. See California Business and Professions Code 7512.14
  • Member: means an individual who is a member of a limited liability company as defined in subdivision (p) of §. See California Business and Professions Code 7590.1
  • Member: means a volunteer of a department, the governing body of which has contracted with the board under this chapter, and who has been certified by a qualifications review commission as having satisfied all the requirements for membership as set established by the board. See California Government Code 50952
  • Military or overseas voter: means an elector absent from the county in which he or she is otherwise eligible to vote who is any of the following:

    California Elections Code 300

  • minor quantities of water: refers to the diversion or extraction by any person of not to exceed 10 acre-feet of water annually. See California Water Code 2503
  • missing person: includes , but is not limited to, any of the following:

    California Penal Code 14215

  • Mistrial: An invalid trial, caused by fundamental error. When a mistrial is declared, the trial must start again from the selection of the jury.
  • Modified limousine: means any vehicle that has been modified, altered, or extended in a manner that increases the overall wheelbase of the vehicle, exceeding the original equipment manufacturer's published wheelbase dimension for the base model and year of the vehicle, in any amount sufficient to accommodate additional passengers with a seating capacity of not more than 10 passengers including the driver, and is used in the transportation of passengers for hire. See California Vehicle Code 378
  • month: means a calendar month, unless otherwise expressed. See California Civil Code 14
  • month: means a calendar month, unless otherwise expressed. See California Penal Code 7
  • 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.
  • motor vehicle: includes a recreational vehicle as that term is defined in subdivision (a) of §. See California Vehicle Code 415
  • motorcycle: is a motor vehicle having a seat or saddle for the use of the rider, designed to travel on not more than three wheels in contact with the ground. See California Vehicle Code 400
  • motortruck: is a motor vehicle designed, used, or maintained primarily for the transportation of property. See California Vehicle Code 410
  • Multiple licensee: means a repossession agency holding more than one repossession license under this chapter, with one fictitious trade style and ownership, conducting repossession business from additional licensed locations other than the location shown on the original license. See California Business and Professions Code 7500.1
  • 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
  • Navigable water: includes a harbor, bay, inlet, and estuary. See California Government Code 39930
  • New citizen: means any person who meets all requirements of an elector of, and has established residency in, the state, except that he or she will become a United States citizen after the 15th day prior to an election. See California Elections Code 331
  • New district: means a school district that is formed from all or portions of one or more other school districts by an action to reorganize taken pursuant to subdivision (a) of Section 35511. See California Education Code 35514
  • New motor vehicle dealer: is a dealer, as defined in Section 285, who, in addition to the requirements of that section, either acquires for resale new and unregistered motor vehicles from manufacturers or distributors of those motor vehicles or acquires for resale new off-highway motorcycles, or all-terrain vehicles from manufacturers or distributors of the vehicles. See California Vehicle Code 426
  • New resident: means a person who meets all requirements of an elector of the State of California except that his or her residency was established subsequent to the 15th day prior to the election. See California Elections Code 332
  • new vehicle: is a vehicle constructed entirely from new parts that has never been the subject of a retail sale, or registered with the department, or registered with the appropriate agency or authority of any other state, District of Columbia, territory or possession of the United States, or foreign state, province, or country. See California Vehicle Code 430
  • Nominate: means the selection, at a state-conducted primary election, of candidates who are entitled by law to participate in the general election for that office, but does not mean any other lawful mechanism that a political party may adopt for the purposes of choosing the candidate who is preferred by the party for a nonpartisan or voter-nominated office. See California Elections Code 332.5
  • Nonconforming use: means any use within a TPZ which lawfully existed on the effective date of zoning established pursuant to Sections 51112 and 51113, and continuing since that time, which is not a compatible use. See California Government Code 51104
  • Nonpartisan office: means an office, except for a voter-nominated office, for which no party may nominate a candidate. See California Elections Code 334
  • Nonprofit organization: means any nonprofit public benefit corporation that has among its purposes the conservation of agricultural lands, and holds a tax exemption, as defined under Section 501(c)(3) of the Internal Revenue Code, and further qualifies as an organization under Section 170(b)(1)(A)(iv) or 170(h)(3) of the Internal Revenue Code. See California Public Resources Code 10280.5
  • Nonprofit organization: means any nonprofit public benefit corporation formed pursuant to the Nonprofit Corporation Law (Division 2 (commencing with Section 5000) of Title 1 of . See California Public Resources Code 10332
  • Nonprofit organization: means any organization qualifying under Section 501(c)(3) of the Internal Revenue Code in the preceding tax year, and which includes the preservation of open space as a stated purpose in its articles of incorporation. See California Government Code 51075
  • Notarial act: means the performance of an act by an individual that is authorized under the laws of this state, including acts described in Sections 8202, 8205, this article, and Sections 1185 and 1195 of the Civil Code. See California Government Code 8231.1
  • 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 affirmation. See California Military and Veterans Code 15
  • Oath: includes an affirmation or declaration. See California Code of Civil Procedure 17
  • Oath: includes affirmation. See California Elections Code 335
  • Oath: includes affirmation or declaration under penalty of perjury. See California Evidence Code 165
  • Oath: includes affirmation. See California Government Code 15
  • Office: means the Office of Emergency Services. See California Government Code 8589.10
  • Office: means the Office of Emergency Services. See California Government Code 8592.30
  • On-time graduates: means the number of students who complete a program within 100 percent of the published program length. See California Education Code 94928
  • Online notarization platform: means an individual or entity that has an active registration with the Secretary of State pursuant to Section 8231. See California Government Code 8231.1
  • Online notarization system: means the computer hardware and software that enable a notary public to do both of the following:

    California Government Code 8231.1

  • Open format: means information that is formatted in a manner that is platform independent, machine readable, and made available to the public without restrictions that would impede the reuse of that information. See California Government Code 8231.1
  • Open-space easement: means any right or interest in perpetuity or for a term of years in open-space land acquired by a county, city, or nonprofit organization pursuant to this chapter where the deed or other instrument granting such right or interest imposes restrictions which, through limitation of future use, will effectively preserve for public use or enjoyment the natural or scenic character of such open-space land. See California Government Code 51075
  • Open-space land: means any parcel or area of land or water which is essentially unimproved and devoted to an open-space use as defined in §. See California Government Code 51075
  • Open-space plan: means the open-space element of a county or city general plan adopted by the local governing body pursuant to §. See California Government Code 51075
  • Operative date: means July 1, 1983. See California Code of Civil Procedure 694.010
  • Oral argument: An opportunity for lawyers to summarize their position before the court and also to answer the judges' questions.
  • 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
  • Out-of-state emergency worker: means a voter who is officially engaged in responding to the proclamation of an out-of-state emergency and whose vocation has been identified in an executive order relating to the state of emergency. See California Elections Code 336.7
  • Outlays: Outlays are payments made (generally through the issuance of checks or disbursement of cash) to liquidate obligations. Outlays during a fiscal year may be for payment of obligations incurred in prior years or in the same year.
  • Oversight: Committee review of the activities of a Federal agency or program.
  • owner: is a person having all the incidents of ownership, including the legal title of a vehicle whether or not such person lends, rents, or creates a security interest in the vehicle. See California Vehicle Code 460
  • paratransit vehicle: is a passenger vehicle, other than a bus, schoolbus, school pupil activity bus, youth bus, general public paratransit vehicle, or taxicab that is both of the following:

    California Vehicle Code 462

  • Parcel: means that portion of an assessor's parcel that is timberland, as defined. See California Government Code 51104
  • Parent: means a biological parent, stepparent, adoptive parent, foster parent, caretaker relative, or any other adult living with a child who has responsibility for the care and welfare of the child. See California Education Code 8205
  • participating college: means a private college that participates with the authority in undertaking the financing of working capital or the financing and construction or acquisition of a project and does not restrict the admission of a student based on the student's race or ethnicity, provided that the financing does not violate §. See California Education Code 94110
  • Participating nonprofit entity: means an entity within the meaning of paragraph (3) of subsection (c) of Section 501 of Title 26 of the United States Code that, pursuant to this chapter for the purpose of owning student, faculty, or staff housing, as approved by, and for participation with, the authority, undertakes the financing and construction or acquisition of student, faculty, or staff housing, on real property owned or leased by the entity, for the benefit of a public college, public university, or participating private college. See California Education Code 94110
  • Party: means a political party or organization that has qualified for participation in any primary or presidential general election. See California Elections Code 338
  • peace officer: signify any one of the officers mentioned in Chapter 4. See California Penal Code 7
  • peace officer: means a sheriff, undersheriff, deputy sheriff, marshal, or deputy marshal of a county or city and county, or a marshal or police officer of a city or town, employed and compensated as such, whether the members are volunteer, partly paid, or fully paid, except those whose principal duties are clerical, such as stenographers, telephone operators, and other workers not engaged in law enforcement operations, or the protection or preservation of life or property, and not under suspension or otherwise lacking in good standing. See California Government Code 50920
  • Pedestrian: includes a person who is operating a self-propelled wheelchair, motorized tricycle, or motorized quadricycle and, by reason of physical disability, is otherwise unable to move about as a pedestrian, as specified in subdivision (a). See California Vehicle Code 467
  • permanent employee: includes tenure in the classification in which the employee passed the required probationary period, and includes all of the incidents of that classification. See California Education Code 45101
  • Person: includes any person, firm, association, organization, partnership, limited liability company, business trust, corporation, or company. See California Government Code 17
  • person: includes any individual, firm, company, association, organization, partnership, and corporation. See California Business and Professions Code 7580.3
  • Person: means any person, firm, association, organization, partnership, business trust, corporation, limited liability company, or company. See California Water Code 19
  • Person: means any individual, firm, company, association, organization, partnership, limited liability company, or corporation. See California Business and Professions Code 7590.1
  • Person: means any person, association, organization, partnership, business trust, limited liability company, or corporation. See California Insurance Code 19
  • Person: means any person, association, organization, partnership, business trust, limited liability company, or corporation. See California Labor Code 18
  • 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 natural person, firm, copartnership, association, limited liability company, or corporation. See California Vehicle Code 470
  • 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 Evidence Code 175
  • person: as used in this article in reference to a person liable to pay a charge includes districts formed for the purpose of constructing or maintaining sewers. See California Government Code 50142
  • Person: means any individual, firm, copartnership, corporation, company, association, joint stock association, city or county, or district, and includes any trustee, receiver, or assignee. See California Government Code 50485.1
  • person: includes any city, county, district, the state, or any department or agency thereof, and the United States to the extent authorized by law. See California Water Code 1835
  • Person: includes any individual, partnership, limited liability company, or corporation. See California Business and Professions Code 7500.1
  • Person: includes any person, firm, partnership, association, corporation, company, limited liability company, syndicate, estate, trust, business trust, or organization of any kind. See California Financial Code 18
  • Person: means any individual, partnership, association, corporation, limited liability company, or any organized group of persons whether incorporated or not. See California Food and Agricultural Code 38
  • person: includes any individual, firm, company, limited liability company, association, organization, partnership, and corporation. See California Business and Professions Code 7512.3
  • Person: includes one or more individuals, partnerships, associations, corporations, limited liability companies, legal representatives, trustees, trustees in bankruptcy or receivers. See California Unemployment Insurance Code 2071
  • Personal effects: means any property that is not the property of the legal owner and is not listed on the repossession assignment. See California Business and Professions Code 7500.1
  • Personal property: includes money, goods, chattels, things in action, and evidences of debt. See California Code of Civil Procedure 17
  • personal property: include money, goods, chattels, things in action, and evidences of debt. See California Penal Code 7
  • pickup truck: is a motor truck with a manufacturer's gross vehicle weight rating of less than 11,500 pounds, an unladen weight of less than 8,001 pounds, and which is equipped with an open box-type bed not exceeding 9 feet in length. See California Vehicle Code 471
  • Plaintiff: includes a cross-complainant. See California Code of Civil Procedure 587.5
  • Plaintiff: includes a cross-complainant or other person by whom an action is commenced. See California Code of Civil Procedure 583.110
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Plaintiff: means a person who files a complaint or cross-complaint. See California Code of Civil Procedure 426.10
  • Pledged revenue: means a specified annual dollar amount from a specified source or combination of sources of revenue, which the legislative body of a local agency, in a resolution providing for the issuance of limited obligation bonds, has designated and pledged as security for the bonds in accordance with Section 50665. See California Government Code 50665.1
  • Polling place: means a location where a voter casts a ballot and includes the following terms, as applicable: poll, polling location, and vote center. See California Elections Code 338.5
  • 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.
  • Precinct: means a geographical area within a county that is made up of voters and is formed pursuant to Chapter 3 (commencing with Section 12200) of Division 12. See California Elections Code 338.6
  • precinct board: means the board appointed by the elections official to serve at a vote center. See California Elections Code 339
  • Preschool facility: means a residence or building or part thereof in which preschool services are provided. See California Education Code 8205
  • 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.
  • Primary code: as used in this article , means any code which is directly adopted by reference, in whole or in part, by any ordinance passed pursuant to this article. See California Government Code 50022.1
  • Primary election: includes all primary nominating elections provided for by this code. See California Elections Code 341
  • Principal: means an individual, other than a credible witness pursuant to §. See California Government Code 8231.1
  • Prior law: means the applicable law in effect on June 30, 1983. See California Code of Civil Procedure 694.010
  • Private building: means and includes any dwelling, outbuilding, or other enclosed structure. See California Business and Professions Code 7500.1
  • Private bulk storage: means the storage of grain in storage facilities after sale of such grain by a seller. See California Civil Code 1880.1
  • Private college: means an institution for higher education other than a public college, situated within the state and that, by virtue of law or charter, is a nonprofit private or independent degree-granting educational institution that is regionally accredited and empowered to provide a program of education beyond the high school level. See California Education Code 94110
  • Private law: A private bill enacted into law. Private laws have restricted applicability, often addressing immigration and naturalization issues affecting individuals.
  • private school: is a ny school, whether conducted for profit or not, giving a course of training similar to that given in a public school at or below the twelfth grade, including but not limited to schools owned or operated by any church. See California Vehicle Code 492
  • Private student loan: means a loan issued by a private lending institution for the costs of attendance at any public or private nonprofit college or university in the United States, notwithstanding the definitions in subdivisions (i), (k), and (l) of Section 94110. See California Education Code 94157
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Probate: Proving a will
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Process: includes a writ or summons issued in the course of judicial proceedings of either a civil or criminal nature. See California Government Code 22
  • Process: signifies a writ or summons issued in the course of a judicial proceeding. See California Code of Civil Procedure 17
  • Program: means the California Student Loan Refinancing Program created pursuant to this article. See California Education Code 94157
  • Project: means a dormitory or an educational facility, faculty or staff housing, or any combination thereof, or any function concerning student loans, or interests in student loans, as determined by the authority. See California Education Code 94110
  • Property: means any real property, and any perpetual interest therein, including land, conservation easements, and land containing water rights. See California Public Resources Code 10332
  • property: includes property real and personal. See California Civil Code 14
  • property: includes both real and personal property. See California Penal Code 7
  • Property: includes both real and personal property. See California Evidence Code 185
  • Proprietary agency: means an organization or facility providing preschool, which is operated for profit. See California Education Code 8205
  • Public college: means a community college. See California Education Code 94110
  • 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 square: means any area or open space showing on a map or plat of a city, town, or village which has been filed or recorded in the office of the county clerk or county recorder of any county for more than fifty years and which is designated on the map or plat as a "square" or by other similar designation when no other words or insignia appear upon the map or plat showing the purposes for which the square may have been dedicated and when no deed, offer of dedication or other instrument appears of record in the office of the county recorder showing or indicating the purposes for which the same may have been dedicated. See California Government Code 50530
  • Public university: means any campus of the University of California, the California State University, or the Hastings College of the Law. See California Education Code 94110
  • Published: as used in this article , means issued in printed, lithographed, multigraphed, mimeographed or similar form. See California Government Code 50022.1
  • Qualified borrower: means an individual meeting all of the following requirements:

    California Education Code 94157

  • Qualified loan: means a loan or a portion of a loan made by a financial institution to a qualified borrower to refinance a private student loan under the program. See California Education Code 94157
  • qualified manager: means the individual under whose direction, control, charge, or management the business of a licensee is operated as specified in Section 7536. See California Business and Professions Code 7512.7
  • qualified manager: means the individual under whose direction, control, charge, or management the business of a licensee is operated, who has qualified pursuant to Section 7582. See California Business and Professions Code 7580.7 v2
  • Qualified manager: means an individual who is in active control, management, and direction of the licensee's business, and who is in possession of a current and valid qualified manager's certificate pursuant to this chapter. See California Business and Professions Code 7590.1
  • qualified manager: is a person who possesses a valid qualification certificate in accordance with the provisions of Article 5 (commencing with Section 7504) and is in active control or management of, and who is a director of, the licensee's place of business. See California Business and Professions Code 7500.1
  • Qualified property: means property that is rangeland, grazing land, or grassland and is used or is suitable for grazing. See California Public Resources Code 10332
  • Real property: as used in this article is coextensive with lands, tenements, and hereditaments and includes land, any interest or estate in land, and any servitude upon land. See California Government Code 50301
  • Recess: A temporary interruption of the legislative business.
  • Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in both physical and electronic form. See California Government Code 8231.1
  • Records of online notarial acts: means , collectively, the electronic journal entries required by Section 8231. See California Government Code 8231.1
  • 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
  • registered owner: is a person registered by the department as the owner of a vehicle. See California Vehicle Code 505
  • Registered owner: means the individual listed in the records of the Department of Motor Vehicles, on a conditional sales contract, or on an assignment or a repossession order, as the registered owner. See California Business and Professions Code 7500.1
  • Registrant: means a person registered under this chapter. See California Business and Professions Code 7500.1
  • Registration service: includes , but is not limited to, a person who, for compensation, processes registration documents, conducts lien sales, or processes vehicle dismantling documents. See California Vehicle Code 505.2
  • Regular election: is a n election, the specific time for the holding of which is prescribed by law. See California Elections Code 348
  • Related cause of action: means a cause of action which arises out of the same transaction, occurrence, or series of transactions or occurrences as the cause of action which the plaintiff alleges in his complaint. See California Code of Civil Procedure 426.10
  • Relevant evidence: means evidence, including evidence relevant to the credibility of a witness or hearsay declarant, having any tendency in reason to prove or disprove any disputed fact that is of consequence to the determination of the action. See California Evidence Code 210
  • relevant market area: is a ny area within a radius of 10 miles from the site of a potential new dealership. See California Vehicle Code 507
  • 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.
  • remanufacturer: is a ny person who for commission, money, or other thing of value, produces a vehicle that consists of any used or reconditioned integral parts, including, but not limited to, frame, engine, transmission, axles, brakes, or suspension which is subject to registration under this code. See California Vehicle Code 507.8
  • Remote accessible vote by mail system: means a mechanical, electromechanical, or electronic system and its software that is used for the sole purpose of marking an electronic vote by mail ballot for a voter who shall print the paper cast vote record to be submitted to the elections official. See California Elections Code 303.3
  • Remote presentation: means transmission to the notary public through audio-video communication of an image of a government-issued identification that complies with paragraph (3) or (4) of subdivision (b) of §. See California Government Code 8231.1
  • renter: is a person who is engaged in the business of renting, leasing or bailing vehicles for a term not exceeding four months and for a fixed rate or price. See California Vehicle Code 508
  • Reorganized district: means a school district that is a "new district" an "acquiring district" or a "divided district. See California Education Code 35514
  • 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).
  • Repossession: means any of the following:

    California Business and Professions Code 7500.1

  • repossession order: means any written authorization by the legal owner, lienholder, lessor, lessee, or registered owner, or the agent of any of them, to skip trace, locate, or repossess any collateral, including, but not limited to, collateral registered under the Vehicle Code that is subject to a security agreement that contains a repossession clause. See California Business and Professions Code 7500.1
  • representative: is a ny person regularly employed by a manufacturer or distributor for the purpose of negotiating or promoting the sale of the manufacturer's or distributer's vehicles to their franchisees or for regularly supervising or contacting franchisees or prospective franchisees in this state for any purpose. See California Vehicle Code 512
  • Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
  • Resident: means any person who manifests an intent to live or be located in this state on more than a temporary or transient basis. See California Vehicle Code 516
  • Resolution: means a resolution by which a legislative body authorizes the issuance, sale, and delivery of bonds. See California Government Code 50665.1
  • response: is a writing that is responsive to an inquiry and mailed to the cardholder's address last known to the card issuer. See California Civil Code 1747.02
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • Retail motor fuel dispenser: means a device that dispenses fuel that is used to power internal combustion engines, including motor vehicle engines, that processes the sale of fuel through a remote electronic payment system, and that is in a location where an employee or other agent of the seller is not present. See California Civil Code 1747.02
  • retail sale: is a sale of goods to a person for the purpose of consumption and use, and not for resale to others, including, but not limited to, an arrangement where a motor vehicle is consigned to a dealer for sale. See California Vehicle Code 520
  • 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 50798.2
  • Revenues: include the proceeds of ad valorem taxes on real property levied by, or allocated to, the local agency, and the proceeds of sales and use taxes. See California Government Code 50665.1
  • Right of survivorship: The ownership rights that result in the acquisition of title to property by reason of having survived other co-owners.
  • Road: means any existing vehicle route established before January 1, 1979, with significant evidence of prior regular travel by vehicles subject to registration pursuant to Article 1 (commencing with Section 4000) of Chapter 1 of Division 3. See California Vehicle Code 527
  • Roster: means the official list of voters for an election, which may be in paper or electronic form. See California Elections Code 349.5
  • Rural area: means territory that is outside of any urbanized area designated by the United States Census Bureau from the 1980 federal census. See California Government Code 8589.10
  • Salvage pool: means a person engaged exclusively in the business of disposing of total loss salvage vehicles, nonrepairable vehicles, or recovered stolen vehicles sent to it by, or on behalf of, insurance companies, authorized adjusters, leasing companies, self-insured persons, or financial institutions. See California Vehicle Code 543
  • School measure: means any proposition, including but not limited to, a proposal for the issuance of bonds by a school district or community college district, an increase in the maximum tax rate of a school district or community college district, or the acceptance, expenditure, and repayment of state funds by a school district or community college district to enable the district to construct buildings and other facilities, submitted to the voters of the district at any election held in the district. See California Elections Code 350
  • school pupil activity bus: is a ny motor vehicle, other than a schoolbus, operated by a common carrier, or by and under the exclusive jurisdiction of a publicly owned or operated transit system, or by a passenger charter-party carrier, used under a contractual agreement between a school and carrier to transport school pupils at or below the 12th-grade level to or from a public or private school activity, or used to transport pupils to or from residential schools, when the pupils are received and discharged at off-highway locations where a parent or adult designated by the parent is present to accept the pupil or place the pupil on the bus. See California Vehicle Code 546
  • schoolbus: is a motor vehicle designed, used, or maintained for the transportation of any school pupil at or below the 12th grade level to or from a public or private school or to or from public or private school activities, except the following:

    California Vehicle Code 545

  • seal: includes an impression of such seal upon the paper alone, or upon any substance attached to the paper capable of receiving a visible impression. See California Penal Code 7
  • Secondary code: as used in this article , means any code which is incorporated by reference, directly or indirectly, in whole or in part, in any primary code or in any secondary code. See California Government Code 50022.1
  • Secretary: means the Secretary of Labor and Workforce Development. See California Labor Code 19.5
  • Secretary: means the Secretary of Food and Agriculture. See California Food and Agricultural Code 35
  • Secured area: means and includes any fenced and locked area. See California Business and Professions Code 7500.1
  • Security agreement: means an obligation, pledge, mortgage, chattel mortgage, lease agreement, deposit, or lien, given by a debtor as security for payment or performance of a debt, by furnishing the creditor with a recourse to be used in case of failure in the principal obligation. See California Business and Professions Code 7500.1
  • Sell: includes offer for sale, expose for sale, possess for sale, exchange, barter, or trade. See California Food and Agricultural Code 44
  • Sell: means to act as a broker for a commission. See California Business and Professions Code 6175
  • Seller: means a producer of grain who continues to store grain after sale thereof by him in storage facilities owned, operated, or controlled by him. See California Civil Code 1880.1
  • Service: includes return of summons. See California Code of Civil Procedure 583.110
  • Service credit: means the aggregate of certified service credit. See California Government Code 50952
  • Service year: means the period beginning July 1 and ending June 30 of the following year. See California Government Code 50952
  • Services: means any duty or labor to be rendered by one person for another. See California Business and Professions Code 7500.1
  • Sheriff: includes marshal. See California Code of Civil Procedure 17
  • Signature: includes either of the following:

    California Elections Code 354.5

  • Signature stamp: means a stamp that contains the impression of any of the following:

    California Elections Code 354.5

  • snowmobile: is a motor vehicle designed to travel over ice or snow in whole or in part on skis, belts, or cleats, which is commonly referred to as an Over Snow Vehicle (OSV). See California Vehicle Code 557
  • Software: includes all programs, voting devices, cards, ballot cards or papers, operating manuals or instructions, test procedures, printouts, and other nonmechanical or nonelectrical items necessary to the operation of a voting system. See California Elections Code 355
  • Sole ownership: The type of property ownership in which one individual holds legal title to the property and has full control of it.
  • Special district: means an agency of the state, formed pursuant to general law or a special act, for the performance of governmental or proprietary functions, with limited geographic boundaries, including, but not limited to, a school district and a community college district. See California Government Code 50075.5
  • Special election: is a n election, the specific time for the holding of which is not prescribed by law. See California Elections Code 356
  • Spouse: includes "registered domestic partner" as required by §. See California Business and Professions Code 14.2
  • spouse: includes a registered domestic partner, as required by §. See California Civil Code 14
  • 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: means a "spouse" as defined in Section 704. See California Code of Civil Procedure 704.910
  • Spouse: includes "registered domestic partner" as required by §. See California Elections Code 356.5
  • Spouse: includes "registered domestic partner" as required by §. See California Evidence Code 215
  • Spouse: includes "registered domestic partner" as required by §. See California Unemployment Insurance Code 11.2
  • Spouse: includes "registered domestic partner" as required by §. See California Government Code 12.2
  • Standard reimbursement rate: means the reimbursement rate applicable to California state preschool programs pursuant to Section 8242. See California Education Code 8205
  • Startup costs: means those expenses an agency incurs in the process of opening a new or additional facility before the full enrollment of children. See California Education Code 8205
  • 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 Water Code 18
  • State: means the State of California, unless applied to the different parts of the United States. See California Insurance Code 28
  • State: includes the District of Columbia and the territories when applied to the different parts of the United States, and the words "United States" may include the district and territories. See California Code of Civil Procedure 17
  • state: when applied to the different parts of the United States, includes the District of Columbia and the territories, and the words "United States" may include the district and territories. See California Penal Code 7
  • State: means the State of California, unless applied to the different parts of the United States. See California Public Utilities Code 17
  • State: means the State of California, unless applied to the different parts of the United States. See California Evidence Code 220
  • State agency: means any public entity created by statute within the Resources Agency. See California Public Resources Code 10332
  • 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
  • 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
  • Statewide election: is a n election held throughout the state. See California Elections Code 357
  • Statute: includes a treaty and a constitutional provision. See California Evidence Code 230
  • Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
  • Statutes at large: A chronological listing of the laws enacted each Congress. They are published in volumes numbered by Congress.
  • Storage facilities: means any bin, building, elevator, protected enclosure, or other structure owned, operated, or controlled by the seller of the grain stored therein. See California Civil Code 1880.1
  • stream system: includes stream, lake, or other body of water, and tributaries and contributory sources, but does not include an underground water supply other than a subterranean stream flowing through known and definite channels. See California Water Code 2500
  • Street: is a way or place of whatever nature, publicly maintained and open to the use of the public for purposes of vehicular travel. See California Vehicle Code 590
  • Structure: means any object constructed or installed by man, including, but without limitation, buildings, towers, smokestacks, and overhead lines. See California Government Code 50485.1
  • Student credit card: means any credit card that is provided to a student at a public or private college or university and is provided to that student solely based on his or her enrollment in a public or private university, or is provided to a student who would not otherwise qualify for that credit card on the basis of his or her income. See California Civil Code 1747.02
  • Student loan: means a loan having terms and conditions acceptable to the authority that is made to finance or refinance the costs of attendance at a private college or a public college and that is approved by the authority, if the loan is originated pursuant to a program that is approved by the authority. See California Education Code 94110
  • Students available for graduation: means the cohort population minus the number of students unavailable for graduation. See California Education Code 94928
  • Students unavailable for graduation: means students who have died, been incarcerated, or called to active military duty. See California Education Code 94928
  • Subdivision: means a subdivision of the section in which that term occurs unless some other section is expressly mentioned. See California Water Code 10
  • Subdivision: means a subdivision of the section in which that term occurs unless some other section is expressly mentioned. See California Public Utilities Code 10
  • Subdivision: means a subdivision of the section in which that term occurs unless some other section is expressly mentioned. See California Food and Agricultural Code 49
  • 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 Labor Code 17
  • subscription: includes mark when the signer or subscriber cannot 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 Military and Veterans Code 17
  • 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 Public Resources Code 17
  • subscription: includes mark when the signer or subscriber cannot 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 Vehicle Code 17
  • Superintendent: means street superintendent, his assistants and deputies, or other public officer designated by the legislative body to perform the duties imposed by this article upon the superintendent. See California Government Code 50230
  • Surplus line broker: means a person licensed under Section 1765 and authorized to do business under Chapter 6 (commencing with Section 1760) of Part 2 of Division 1. See California Insurance Code 47
  • Teacher: means a person with the appropriate permit issued by the Commission on Teacher Credentialing who provides program supervision and instruction that includes supervision of a number of aides, volunteers, and groups of children. See California Education Code 8205
  • Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
  • terminal: means the location or locations in this state that are designated by a motor carrier, where subject vehicles may be inspected by the department and where vehicle maintenance and inspection records and drivers' records will be made available for inspection. See California Vehicle Code 34515
  • Terminal: is a place where a vehicle of a type listed in Section 34500 is regularly garaged or maintained, or from which the vehicle is operated or dispatched. See California Vehicle Code 595
  • 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.
  • Tidelands: includes submerged lands. See California Government Code 39930
  • Timber: means trees of any species maintained for eventual harvest for forest products purposes, whether planted or of natural growth, standing or down, on privately or publicly owned land, including Christmas trees, but does not mean nursery stock. See California Government Code 51104
  • Timberland: means privately owned land, or land acquired for state forest purposes, which is devoted to and used for growing and harvesting timber, or for growing and harvesting timber and compatible uses, and which is capable of growing an average annual volume of wood fiber of at least 15 cubic feet per acre. See California Government Code 51104
  • timberland preserve zone: means "timberland production zone. See California Government Code 51104
  • Top administrative official: means the chancellor in the case of a campus of the University of California, the dean in the case of the Hastings College of the Law, the president in the case of a campus of the California State University, the president in the case of a campus of the California Community Colleges, or the president or highest ranking official in the case of a participating private college. See California Education Code 94110
  • 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.
  • Tour bus: includes a bus described in subdivision (a) that has had its roof substantially structurally modified or removed. See California Vehicle Code 612
  • Town: includes "unincorporated town" and "village. See California Government Code 21
  • TPZ: means an area which has been zoned pursuant to Section 51112 or 51113 and is devoted to and used for growing and harvesting timber, or for growing and harvesting timber and compatible uses, as defined in subdivision (h). See California Government Code 51104
  • traffic: includes pedestrians, ridden animals, vehicles, street cars, and other conveyances, either singly or together, while using any highway for purposes of travel. See California Vehicle Code 620
  • trailer: includes a semitrailer when used in conjunction with an auxiliary dolly, if the auxiliary dolly is of a type constructed to replace the function of the drawbar and the front axle or axles of a trailer. See California Vehicle Code 630
  • transferee: is a person who has acquired the sole ownership of or an equity in a vehicle of a type required to be registered under this code. See California Vehicle Code 640
  • transit bus: is a ny bus owned or operated by a publicly owned or operated transit system, or operated under contract with a publicly owned or operated transit system, and used to provide to the general public, regularly scheduled transportation for which a fare is charged. See California Vehicle Code 642
  • transporter: is a person engaged in the business of moving any owned or lawfully possessed vehicle by lawful methods over the highways for the purpose of delivery of such vehicles to dealers, sales agents of a manufacturer, purchasers, or to a new location as requested by the owner. See California Vehicle Code 645
  • Tree: means any object of natural growth. See California Government Code 50485.1
  • 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
  • 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
  • Unauthorized use: means the use of a credit card by a person, other than the cardholder, (1) who does not have actual, implied, or apparent authority for that use and (2) from which the cardholder receives no benefit. See California Civil Code 1747.02
  • unavailable: means that an officer is either killed, missing, or so seriously injured as to be unable to attend meetings and otherwise perform his duties. See California Government Code 8636
  • 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
  • United States: means the United States of America, and in relation to any particular matter includes the officers, agents, employees, agencies, or instrumentalities authorized to act in relation thereto. See California Water Code 20
  • United States: means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. See California Government Code 8231.1
  • 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.
  • vanpool vehicle: is a ny motor vehicle, other than a motortruck or truck tractor, designed for carrying more than 10 but not more than 15 persons including the driver, which is maintained and used primarily for the nonprofit work-related transportation of adults for the purposes of ridesharing. See California Vehicle Code 668
  • vehicle: is a device by which any person or property may be propelled, moved, or drawn upon a highway, excepting a device moved exclusively by human power or used exclusively upon stationary rails or tracks. See California Vehicle Code 670
  • Vehicle manufacturer: is a ny person who produces from raw materials or new basic components a vehicle of a type subject to registration under this code, off-highway motorcycles or all-terrain vehicles subject to identification under this code, or trailers subject to identification pursuant to Section 5014. See California Vehicle Code 672
  • Venue: The geographical location in which a case is tried.
  • 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 a person against whom a crime has been committed. See California Penal Code 679.01
  • Victim advocate: work with prosecutors and assist the victims of a crime.
  • Victim Impact Statement: A written or spoken statement by the victim or his or her representative about the physical, emotional, and financial impact of a crime on the victim. The statement is given to the court before sentencing.
  • Violent act: means any act that results in bodily harm or injury to any party involved during the repossession up until the time the repossessor is back in their vehicle. See California Business and Professions Code 7500.1
  • Volunteer: means a person registered as a volunteer member of a regularly organized fire department as defined in subdivision (k). See California Government Code 50952
  • Vote center: means a location established for holding elections that offers the services described in Sections 2170 and 4005. See California Elections Code 357.5
  • Voter: means any elector who is registered under this code. See California Elections Code 359
  • Voter-nominated office: means a congressional or state elective office for which a candidate may choose to have his or her party preference or lack of party preference indicated upon the ballot. See California Elections Code 359.5
  • Voting system: means a mechanical, electromechanical, or electronic system and its software, or any combination of these used for casting a ballot, tabulating votes, or both. See California Elections Code 362
  • war: shall mean : (a) whenever Congress has declared war and peace has not been formally restored. See California Military and Veterans Code 18
  • water: includes the term "use of water. See California Water Code 1000
  • Weeds: as used in this article , includes any of the following:

    California Government Code 39561.5

  • will: includes codicil. See California Civil Code 14
  • 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
  • Witness: means any person who has been or is expected to testify for the prosecution, or who, by reason of having relevant information, is subject to call or likely to be called as a witness for the prosecution, whether or not any action or proceeding has yet been commenced. See California Penal Code 679.01
  • Working capital: means maintenance or operation expenses or any other costs that would be treated as an expense item, under generally accepted accounting principles, in connection with the ownership or operation of an educational facility, faculty or staff housing, student housing, or any combination thereof, including, but not limited to, reserves for maintenance or operation expenses, interest on any loan for working capital made pursuant to this part, and reserves for debt service with respect to, and any costs necessary or incidental to, that financing. See California Education Code 94110
  • 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
  • youth bus: is a ny bus, other than a schoolbus, designed for and when actually carrying not more than 16 persons and the driver, used to transport children at or below the 12th-grade level directly from a public or private school to an organized nonschool-related youth activity within 25 miles of the school or directly from a location which provides the organized nonschool-related youth activity to a public or private school within 25 miles of that location. See California Vehicle Code 680