Terms Used In California Codes > Civil Code > Division 3 > Part 1 > Title 2 - INTERPRETATION OF OBLIGATIONS

• AANHPI: means Asian American, Native Hawaiian, and Pacific Islander. See California Education Code 79510
• Abate: means to put an end to a public nuisance, or to reduce the degree or the intensity of a public nuisance. See California Health and Safety Code 2002
• Access costs: means living expenses and expenses for transportation, supplies, technology, and books. See California Education Code 69432.7
• Allegation: something that someone says happened.
• Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
• Annual percentage rate: The cost of credit at a yearly rate. It is calculated in a standard way, taking the average compound interest rate over the term of the loan so borrowers can compare loans. Lenders are required by law to disclose a card account's APR. ^{Source: FDIC}
• Appraisal: A determination of property value.
• Arrest: Taking physical custody of a person by lawful authority.
• Authority: means the California Pollution Control Financing Authority. See California Health and Safety Code 44559.1
• Award year: means one academic year, or the equivalent, of attendance at a qualifying institution. See California Education Code 69432.7
• 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.
• 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.
• board: means any entity listed in Section 101, the entities referred to in Sections 1000 and 3600, the State Bar, the Department of Real Estate, and any other state agency that issues a license, certificate, or registration authorizing a person to engage in a business or profession. See California Business and Professions Code 31
• board: as used in this chapter means the Medical Board of California. See California Business and Professions Code 2002
• Board: means the Speech-Language Pathology and Audiology and Hearing Aid Dispensers Board. See California Business and Professions Code 2530.2
• Board: means the Dental Board of California. See California Business and Professions Code 1741
• Board of trustees: means the legislative body of a district. See California Health and Safety Code 2002
• California Capital Access Fund: means a fund created within the authority to be used for purposes of the program. See California Health and Safety Code 44559.1
• candidate: includes any officeholder who is subject to a recall election. See California Elections Code 305
• Case law: The law as laid down in cases that have been decided in the decisions of the courts.
• 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.
• Charity: An agency, institution, or organization in existence and operating for the benefit of an indefinite number of persons and conducted for educational, religious, scientific, medical, or other beneficent purposes.
• City: means any city, whether general law or chartered, including a city and county, and including any city the name of which includes the word "town. See California Health and Safety Code 2002
• City: includes city and county. See California Business and Professions Code 18
• Clearly and conspicuously: means in a font no smaller than boldface, 14-point type, clearly separate from any other language on the page. See California Business and Professions Code 22598
• Closed: means that the terminal is not open or available to receive equipment. See California Business and Professions Code 22928
• commission: means the Student Aid Commission created by this article. See California Education Code 69515
• Commission: means the Student Aid Commission. See California Education Code 69432.7
• 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 college: means a college of the California Community College system. See California Education Code 79510
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Container: as used in this chapter , includes a "milk case. See California Food and Agricultural Code 34504
• Control: means to prevent or reduce vectors. See California Health and Safety Code 2002
• Conviction: A judgement of guilt against a criminal defendant.
• County: includes city and county. See California Health and Safety Code 14
• County: includes city and county. See California Business and Professions Code 17
• County office: means the office filled by any county officer. See California Elections Code 313
• creditor: means the state or the department or agency of the state seeking to collect the liability. See California Code of Civil Procedure 688.040
• debtor: means the debtor from whom the liability is sought to be collected. See California Code of Civil Procedure 688.040
• Decedent: A deceased person.
• Deed: 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.
• demurrage: means a charge imposed by an intermodal marine container provider or marine terminal operator for late return or pickup of an empty or a loaded intermodal container. See California Business and Professions Code 22928
• department: means State Department of Health Services. See California Health and Safety Code 20
• Department: means the State Department of Health Services. See California Health and Safety Code 2002
• Department: means the Department of Consumer Affairs. See California Business and Professions Code 22702
• Dependent: A person dependent for support upon another.
• Direct supervision: means supervision of dental procedures based on instructions given by a licensed dentist, who must be physically present in the treatment facility during the performance of those procedures. See California Business and Professions Code 1741
• Director: means "State Director of Health Services. See California Health and Safety Code 21
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• Dismissal: The dropping of a case by the judge without further consideration or hearing. ^Source:
• District: means any mosquito abatement and vector control district created pursuant to this chapter or any of its statutory predecessors. See California Health and Safety Code 2002
• District: as used in this chapter , means any pest abatement district formed pursuant to this chapter or pursuant to any law which it supersedes. See California Health and Safety Code 2802
• Divert equipment: means the motor carrier has been directed to return the equipment to a location different from the location where the equipment was picked up by the motor carrier. See California Business and Professions Code 22928
• Division of Licensing: shall be deemed to refer to the board. See California Business and Professions Code 2002
• Donor: The person who makes a gift.
• Election: means any election including a primary that is provided for under this code. See California Elections Code 318
• Elections official: means any of the following:

  California Elections Code 320

• 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
• Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
• Escrow: Money given to a third party to be held for payment until certain conditions are met.
• Ex officio: Literally, by virtue of one's office.
• Executive director: means the Executive Director of the California Pollution Control Financing Authority. See California Health and Safety Code 44559.1
• Executor: A male person named in a will to carry out the decedent
• Finance charge: The total cost of credit a customer must pay on a consumer loan, including interest. The Truth in Lending Act requires disclosure of the finance charge. ^{Source: OCC}
• Financial institution: means a federal- or state-chartered bank, savings association, credit union, not-for-profit community development financial institution certified under Part 1805 (commencing with Section 1805. See California Health and Safety Code 44559.1
• Fixed Rate: Having a "fixed" rate means that the APR doesn't change based on fluctuations of some external rate (such as the "Prime Rate"). In other words, a fixed rate is a rate that is not a variable rate. A fixed APR can change over time, in several circumstances:
  • You are late making a payment or commit some other default, triggering an increase to a penalty rate
  • The bank changes the terms of your account and you do not reject the change.
  • The rate expires (if the rate was fixed for only a certain period of time).
• Food delivery platform: means an online business that acts as an intermediary between consumers and multiple food facilities to submit food orders from a consumer to a participating food facility, and to arrange for the delivery of the order from the food facility to the consumer. See California Business and Professions Code 22598
• Food facility: means a food facility, as defined in §. See California Business and Professions Code 22598
• Forwarded call: means a communication made by a consumer and intended for a food facility, by telephone call or other means of communication, that has been routed by a food delivery platform, or a routing service under the direction of the food delivery platform, to the intended food facility. See California Business and Professions Code 22598
• Free time: means the time period offered by the intermodal marine container provider free of charge, beyond which additional charges, including per diem, detention, demurrage, extended dwell, or charges of a similar kind or character, are to be applied. See California Business and Professions Code 22928
• General election: means either of the following:

  California Elections Code 324

• General supervision: means supervision of dental procedures based on instructions given by a licensed dentist but not requiring the physical presence of the supervising dentist during the performance of those procedures. See California Business and Professions Code 1741
• Germane: On the subject of the pending bill or other business; a strict standard of relevance.
• Grace period: The number of days you'll have to pay your bill for purchases in full without triggering a finance charge. ^{Source: Federal Reserve}
• Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
• high school grade point average: includes senior year coursework. See California Education Code 69432.7
• hosting platform: means a marketplace that is created for the primary purpose of facilitating the rental of a residential unit offered for occupancy for tourist or transient use for compensation to the offeror of that unit, and the operator of the hosting platform derives revenues, including booking fees or advertising revenues, from providing or maintaining that marketplace. See California Business and Professions Code 22590
• Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. ^{Source: FDIC}
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• 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}
• Intermodal marine container provider: means the entity authorizing delivery or receipt of physical possession of the container with a motor carrier, beneficial cargo owner, or other intermediary. See California Business and Professions Code 22928
• Intermodal marine terminal: means a marine terminal that engages in discharging or receiving equipment owned, operated, or controlled by an equipment provider. See California Business and Professions Code 22928
• Intestate: Dying without leaving a will.
• Judicial office: means the office filled by any judicial officer. See California Elections Code 326
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• 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.
• license: means license, certificate, registration, or other means to engage in a business or profession regulated by this code or referred to in Section 1000 or 3600. See California Business and Professions Code 23.7
• Licensee: means any person authorized by a license, certificate, registration, or other means to engage in a business or profession regulated by this code or referred to in Sections 1000 and 3600. See California Business and Professions Code 23.8
• licensee: as used in this chapter means the holder of a physician's and surgeon's certificate or doctor of podiatric medicine's certificate, as the case may be, who is engaged in the professional practice authorized by the certificate under the jurisdiction of the appropriate board. See California Business and Professions Code 2041
• Lineal descendant: Direct descendant of the same ancestors.
• Listing website: means an internet website or application that lists, or produces through search results, telephone numbers associated with food facilities, and that has 100,000,000 or more unique monthly visitors. See California Business and Professions Code 22598
• Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• Loss reserve account: means an account in the State Treasury or any financial institution that is established and maintained by the authority for the benefit of a financial institution participating in the Capital Access Loan Program established pursuant to this article for the purposes of the following:

  California Health and Safety Code 44559.1

• Maximum household income and asset levels: means the applicable household income and household asset levels for participants, including new applicants and renewing recipients, in the Cal Grant Program, as defined and adopted in regulations by the commission for the 2001-02 academic year, which shall be set pursuant to the following income and asset ceiling amounts:

  California Education Code 69432.7

• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• 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
• Nonpartisan office: means an office, except for a voter-nominated office, for which no party may nominate a candidate. See California Elections Code 334
• Online order: means an order for food or beverage placed by a customer through or with the assistance of a food delivery platform, including, but not limited to, a telephone order, for delivery. See California Business and Professions Code 22598
• Operator: means a person who operates a solid waste facility. See California Public Resources Code 44201
• 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: means a person who owns a solid waste facility. See California Public Resources Code 44201
• Participating financial institution: means a financial institution that has been approved by the authority to enroll qualified loans in the program and has agreed to all terms and conditions set forth in this article and as may be required by any applicable federal law providing matching funding. See California Health and Safety Code 44559.1
• Party: means a political party or organization that has qualified for participation in any primary or presidential general election. See California Elections Code 338
• Passive real estate ownership: means ownership of real estate for the purpose of deriving income from speculation, trade, or rental, but does not include any of the following:

  California Health and Safety Code 44559.1

• Person: means any person, firm, association, organization, partnership, business trust, corporation, limited liability company, or company. See California Health and Safety Code 19
• Person: means any individual, partnership, corporation, limited liability company, or other organization or combination thereof, except that only individuals can be licensed under this chapter. See California Business and Professions Code 2530.2
• 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
• Pest: as used in this chapter , includes any plant, animal, insect, fish, or other matter or material, not under human control, which is offensive to the senses or interferes with the comfortable enjoyment of life, or which is detrimental to the agricultural industry of the State, and is not protected under any other provision of law. See California Health and Safety Code 2800
• Phototherapy device: means equipment that emits ultraviolet radiation used by a health care professional in the treatment of disease. See California Business and Professions Code 22702
• Plaintiff: The person who files the complaint in a civil lawsuit.
• 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.
• Primary election: includes all primary nominating elections provided for by this code. See California Elections Code 341
• Principal county: means the county having all or the greater portion of the entire assessed value, as shown on the last equalized assessment roll of the county or counties, of all taxable property within a district at the time of formation. See California Health and Safety Code 2002
• 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 Dreamer Service Incentive Grant Program established by this section. See California Education Code 69438
• Program: means the AANHPI Student Achievement Program established pursuant to this article. See California Education Code 79510
• Program: means the Capital Access Loan Program created pursuant to this article. See California Health and Safety Code 44559.1
• Property: means land and improvements, and includes water. See California Health and Safety Code 2002
• Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
• Public agency: means any state agency, board, or commission, including the California State University and the University of California, any county, city and county, city, regional agency, school district, special district, redevelopment agency, or other political subdivision. See California Health and Safety Code 2002
• Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
• Public nuisance: means any of the following:

  California Health and Safety Code 2002

• public nuisance: includes , but is not limited to, both of the following:

  California Health and Safety Code 2800.5

• Purchase price: means the price, as listed on the menu, for the items contained in an online order. See California Business and Professions Code 22598
• Qualified business: means a small business concern that meets both of the following criteria, regardless of whether the small business concern has operations that affect the environment:

  California Health and Safety Code 44559.1

• Qualified loan: means a loan or a portion of a loan made by a participating financial institution to a qualified business for any business activity that has its primary economic effect in California. See California Health and Safety Code 44559.1
• Qualifying institution: means an institution that complies with paragraphs (2) to (4), inclusive, and is any of the following:

  California Education Code 69432.7

• Regular election: is a n election, the specific time for the holding of which is prescribed by law. See California Elections Code 348
• Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
• Satisfactory academic progress: means those criteria required by applicable federal standards published in Title 34 of the Code of Federal Regulations. See California Education Code 69432.7
• Secretary: means the Secretary for Environmental Protection. See California Public Resources Code 44201
• Service of process: The service of writs or summonses to the appropriate party.
• Severely affected community: means any area classified as an enterprise zone pursuant to the Enterprise Zone Act (Chapter 12. See California Health and Safety Code 44559.1
• Signature: includes either of the following:

  California Elections Code 354.5

• Siting: means the physical suitability of a location proposed for a solid waste facility. See California Public Resources Code 44201
• Small Business Assistance Fund: means a fund created within the authority pursuant to Section 44548. See California Health and Safety Code 44559.1
• Special election: is a n election, the specific time for the holding of which is not prescribed by law. See California Elections Code 356
• speech-language pathologist: is a person who practices speech-language pathology. See California Business and Professions Code 2530.2
• Speech-language pathology assistant: means a person who meets the academic and supervised training requirements set forth by the board and who is approved by the board to assist in the provision of speech-language pathology under the direction and supervision of a speech-language pathologist who shall be responsible for the extent, kind, and quality of the services provided by the speech-language pathology assistant. See California Business and Professions Code 2530.2
• 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
• State: means the State of California, unless applied to the different parts of the United States. See California Health and Safety Code 23
• State: means the State of California, unless applied to the different parts of the United States. See California Business and Professions Code 21
• State: means the State of California and any agency or instrumentality thereof. See California Public Resources Code 44201
• Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
• Subdivision: means a subdivision of the section in which that term occurs, unless some other section is expressly mentioned. See California Business and Professions Code 15
• Subpoena: A command to a witness to appear and give testimony.
• Tanning device: means an ultraviolet tanning device and any accompanying equipment, including, but not limited to, protective eyewear, timers, and handrails. See California Business and Professions Code 22702
• Tanning facility: means any location, place, area, structure, or business that provides persons access to any tanning device. See California Business and Professions Code 22702
• 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.
• Testate: To die leaving a will.
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• 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.
• Tribe: means an Indian tribe, band, nation, or other organized group or community, or a tribal agency authorized by a tribe as defined herein, which is recognized as eligible for special programs and services provided by the United States to Indians because of their status as Indians and is identified on pages 52829 to 52835, inclusive, of Number 250 of Volume 53 (December 29, 1988) of the Federal Register, as that list may be updated or amended from time to time. See California Public Resources Code 44201
• Trustee: A person or institution holding and administering property in trust.
• Ultraviolet tanning device: means equipment that emits electromagnetic radiation with wavelengths in the air between 200 and 400 nanometers used for tanning of the skin, including, but not limited to, a sunlamp, tanning booth, or tanning bed. See California Business and Professions Code 22702
• Usury: Charging an illegally high interest rate on a loan. ^{Source: OCC}
• Vector: means any animal capable of transmitting the causative agent of human disease or capable of producing human discomfort or injury, including, but not limited to, mosquitoes, flies, mites, ticks, other arthropods, and rodents and other vertebrates. See California Health and Safety Code 2002
• Venue: The geographical location in which a case is tried.
• visually impaired: includes blindness and means having central visual acuity not to exceed 20/200 in the better eye, with corrected lenses, as measured by the Snellen test, or visual acuity greater than 20/200, but with a limitation in the field of vision such that the widest diameter of the visual field subtends an angle not greater than 20 degrees. See California Civil Code 54.6
• Voter: means a voter as defined by §. See California Health and Safety Code 2002
• 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
• 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