Chapter 1 Consumer Warranty Protection
Chapter 1.5 Motor Vehicle Warranty Adjustment Programs
Chapter 2 Standards for Warranty Work
Chapter 3 Mobilehome Warranties
Chapter 4 Grey Market Goods
Chapter 5 Home Roof Warranties

Terms Used In California Codes > Civil Code > Division 3 > Part 4 > Title 1.7 - CONSUMER WARRANTIES

  • 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.
  • Adjourn: A motion to adjourn a legislative chamber or a committee, if passed, ends that day's session.
  • Advisory Council: means the Dispute Resolution Advisory Council. See California Business and Professions Code 466
  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
  • agreement: means the total legal obligation that results from the parties' agreement as determined by this code and as supplemented by any other applicable laws. See California Commercial Code 1201
  • Agreement: means an agreement relating to commercial cannabis authorized under this chapter and entered into between this state and another state or states. See California Business and Professions Code 26300
  • Allegation: something that someone says happened.
  • Amortization: Paying off a loan by regular installments.
  • Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
  • Appraisal: A determination of property value.
  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • Approved program: means a program for the education of physician assistants that has been formally approved by the board. See California Business and Professions Code 3501
  • area median income: means the median family income of a geographic area of the state, as annually estimated by the United States Department of Housing and Urban Development pursuant to Section 8 of the United States Housing Act of 1937. See California Health and Safety Code 50093
  • Arrest: Taking physical custody of a person by lawful authority.
  • Assistive device: means any instrument, apparatus, or contrivance, including any component or part thereof or accessory thereto, that is used or intended to be used, to assist an individual with a disability in the mitigation or treatment of an injury or disease or to assist or affect or replace the structure or any function of the body of an individual with a disability, except that this term does not include prescriptive lenses and other ophthalmic goods unless they are sold or dispensed to a blind person, as defined in §. See California Civil Code 1791
  • 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
  • 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
  • Balanced budget: A budget in which receipts equal outlays.
  • Bank: means a person engaged in the business of banking, and includes a savings bank, savings and loan association, credit union, and trust company. See California Commercial Code 1201
  • 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.
  • Basal area per acre: means the sum of the cross-sectional areas at breast height of the tree stems of commercial species per acre. See California Public Resources Code 4528
  • 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
  • board: means the California State Board of Optometry. See California Business and Professions Code 3004
  • Board: means the Physician Assistant Board. See California Business and Professions Code 3501
  • Bond: means bonds, notes, debentures, securities, or other evidences of indebtedness of the authority issued pursuant to this chapter. See California Education Code 94110
  • 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
  • Capitalized operating subsidy reserve: means funds that are set aside before a property is acquired pursuant to this chapter to cover the property's operating expenses over time. See California Health and Safety Code 50720.4
  • Catalog or similar sale: means a sale in which neither the seller nor any employee or agent of the seller nor any person related to the seller nor any person with a financial interest in the sale participates in the diagnosis of the buyer's condition or in the selection or fitting of the device. See California Civil Code 1791
  • Child development program: means a full-day or part-day comprehensive developmental program for children ages 0 to 14 years that is administered by the State Department of Education. See California Education Code 8971
  • 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
  • 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 88001
  • clearly and conspicuously: means a larger type than the surrounding text, or in a contrasting type, font, or color to the surrounding text of the same size, or set off from the surrounding text of the same size by symbols or other marks, in a manner that clearly calls attention to the language. See California Civil Code 1791
  • Clothing: means any wearing apparel, worn for any purpose, including under and outer garments, shoes, and accessories composed primarily of woven material, natural or synthetic yarn, fiber, or leather or similar fabric. See California Civil Code 1791
  • Commercial real property: has the meaning specified in subdivision (d) of Section 1954. See California Civil Code 1993
  • 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
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • compliance audit: means an audit that ascertains and verifies whether or not funds provided through apportionment, contract, or grant, either federal or state, have been properly disbursed and expended as required by law or regulation or both and includes the verification of each of the following:

    California Education Code 14501

  • Consolidated plan: means the five-year action plan that results from the process set by the United States Department of Housing and Urban Development (HUD) that assesses affordable housing and community development needs and market conditions, allows the prioritization of development needs, and makes data-driven, place-based investment decisions for federal funding provided by HUD. See California Health and Safety Code 50826
  • Consumables: means any product that is intended for consumption by individuals, or use by individuals for purposes of personal care or in the performance of services ordinarily rendered within the household, and that usually is consumed or expended in the course of consumption or use. See California Civil Code 1791
  • Consumer: means any individual who seeks or acquires, by purchase or lease, any goods, services, money, or credit for personal, family, or household purposes. See California Business and Professions Code 302
  • Consumer goods: means any new product or part thereof that is used, bought, or leased for use primarily for personal, family, or household purposes, except for clothing and consumables. See California Civil Code 1791
  • Continuance: Putting off of a hearing ot trial until a later time.
  • contract: means the bargain of the parties in fact, as found in their language or inferred from other circumstances, including course of performance, course of dealing, or usage of trade as provided in Section 1303. See California Commercial Code 1201
  • Contracting state: means a state of the United States, including a district, commonwealth, territory, or possession subject to the legislative authority of the United States, with which the Governor has entered into an agreement pursuant to this chapter. See California Business and Professions Code 26300
  • Contractor: means any person who is a general building contractor within the meaning of §. See California Civil Code 1797.1
  • costs: includes only the following:

    California Code of Civil Procedure 1297.411

  • Countable tree: means a tree that can be used in calculating the degree of stocking under the following criteria:

    California Public Resources Code 4528

  • County: includes city and county. See California Health and Safety Code 14
  • County: includes every county and city and county within this State. See California Vehicle Code 270
  • Creditor: includes a general creditor, a secured creditor, a lien creditor, and any representative of creditors, including an assignee for the benefit of creditors, a trustee in bankruptcy, a receiver in equity, and an executor or administrator of an insolvent debtor's or assignor's estate. See California Commercial Code 1201
  • 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
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Dealer: means any person who is a dealer within the meaning of §. See California Civil Code 1797.1
  • 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.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Demotion: means assignment to an inferior position or status without the employee's written voluntary consent. See California Education Code 88001
  • department: means State Department of Health Services. See California Health and Safety Code 20
  • Department: means the Department of Housing and Community Development. See California Health and Safety Code 50801
  • Department: means the Department of Consumer Affairs. See California Business and Professions Code 302
  • department: means the Department of Housing and Community Development. See California Health and Safety Code 50681
  • Department: means the Department of Housing and Community Development. See California Health and Safety Code 50720.4
  • Department: means the Department of Food and Agriculture. See California Food and Agricultural Code 32
  • Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
  • Designated local board: means a group, including social service providers and a representative of local government, that has met department requirements for distribution of grants allocated by the department pursuant to this chapter. See California Health and Safety Code 50801
  • Devise: To gift property by will.
  • Director: means "State Director of Health Services. See California Health and Safety Code 21
  • Director: means the Director of Housing and Community Development. See California Health and Safety Code 50801
  • Director: means the Director of the Department of Consumer Affairs. See California Business and Professions Code 302
  • Disciplinary action: includes any action whereby an employee is deprived of any classification or any incident of any classification in which he or she has permanence, including dismissal, suspension, demotion, or any reassignment, without his or her voluntary consent, except a layoff for lack of work or lack of funds. See California Education Code 88001
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Dispute resolution: includes , but is not limited to, mediation, conciliation, and arbitration. See California Business and Professions Code 466
  • Distributor: means any individual, partnership, corporation, association, or other legal relationship that stands between the manufacturer and the retail seller in purchases, consignments, or contracts for sale of consumer goods. See California Civil Code 1791
  • Division: means the Division of Consumer Services. See California Business and Professions Code 302
  • Docket: A log containing brief entries of court proceedings.
  • 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
  • Dwelling unit: includes a space in a mobilehome park, as defined in Section 18214, and includes a mobilehome rented with the space. See California Health and Safety Code 50775
  • Early primary program: means an integrated, experiential, and developmentally appropriate educational program for children in preschool, kindergarten, and grades 1 to 3, inclusive, that incorporates various instructional strategies and authentic assessment practices, including educationally appropriate curricula, heterogeneous groupings, active learning activities, oral language development, small group instruction, peer interaction, use of concrete manipulative materials in the classroom, planned articulation among preschool, kindergarten, and primary grades, and parent involvement and education. See California Education Code 8971
  • 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
  • Electronic: means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. See California Commercial Code 1201
  • Eligible city or county: means an area which is not a metropolitan city or part of an urban county, as defined by Section 5302(a)(4) and (6), respectively, of Title 42 of the United States Code. See California Health and Safety Code 50826
  • Eligible organization: means an agency of local government or a nonprofit corporation that provides, or contracts with community organizations to provide, emergency shelter or transitional housing, or both. See California Health and Safety Code 50801
  • Eligible sponsors: means local governmental agencies, nonprofit corporations, including cooperative housing corporations, limited liability companies where all of the members are nonprofit public benefit corporations, and limited partnerships, as defined in subdivision (f). See California Health and Safety Code 50530.5
  • Emergency shelter: means housing with minimal supportive services for homeless persons that is limited to occupancy of six months or less by a homeless person. See California Health and Safety Code 50801
  • Escheat: Reversion of real or personal property to the state when 1) a person dies without leaving a will and has no heirs, or 2) when the property (such as a bank account) has been inactive for a certain period of time. Source: OCC
  • 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
  • Executrix: The female counterpart of an executor. See also
  • 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
  • Fair Credit Reporting Act: A federal law, established in 1971 and revised in 1997, that gives consumers the right to see their credit records and correct any mistakes. Source: OCC
  • Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
  • 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
  • Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
  • Fiduciary: A trustee, executor, or administrator.
  • 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 bank as defined under paragraph (4) of subdivision (b) of §. See California Education Code 94157
  • Forbearance: A means of handling a delinquent loan. A
  • Foreclosure risk intervention sale: means a sale of a 1 to 25 unit residential real property that is not owner occupied and that exhibits indicators of foreclosure risk at the time of sale including, but not limited to, the following:

    California Health and Safety Code 50720.4

  • Fuel break: means a strip of modified fuel to provide a line from which to work in the control of fire. See California Public Resources Code 4528
  • Fund: means the Predevelopment Loan Fund, which is replenished continuously by repayments of principal on loans made from the fund. See California Health and Safety Code 50530.5
  • Fund: as used in this chapter means the Affordable Housing Preservation and Rehabilitation Fund. See California Health and Safety Code 51477
  • 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
  • Grantor: The person who establishes a trust and places property into it.
  • grey market goods: means consumer goods bearing a trademark and normally accompanied by an express written warranty valid in the United States of America which are imported into the United States through channels other than the manufacturer's authorized United States distributor and which are not accompanied by the manufacturer's express written warranty valid in the United States. See California Civil Code 1797.8
  • Hazardous material: includes explosives and hazardous wastes or substances as defined by regulations adopted pursuant to §. See California Vehicle Code 353
  • Holder: means :

    California Commercial Code 1201

  • Home appliance: means any refrigerator, freezer, range, microwave oven, washer, dryer, dishwasher, garbage disposal, trash compactor, or room air-conditioner normally used or sold for personal, family, or household purposes. See California Civil Code 1791
  • Home electronic product: means any television, radio, antenna rotator, audio or video recorder or playback equipment, video camera, video game, video monitor, computer equipment, telephone, telecommunications equipment, electronic alarm system, electronic appliance control system, or other kind of electronic product, if it is normally used or sold for personal, family, or household purposes. See California Civil Code 1791
  • Housing: includes , but is not limited to, manufactured housing. See California Health and Safety Code 50530.5
  • Implied warranty of fitness: means (1) that when the retailer, distributor, or manufacturer has reason to know any particular purpose for which the consumer goods are required, and further, that the buyer is relying on the skill and judgment of the seller to select and furnish suitable goods, then there is an implied warranty that the goods shall be fit for such purpose and (2) that when there is a sale of an assistive device sold at retail in this state, then there is an implied warranty by the retailer that the device is specifically fit for the particular needs of the buyer. See California Civil Code 1791.1
  • Income: as used in this chapter means the return derived from principal. See California Civil Code 731.03
  • independent service dealer: means any individual, partnership, corporation, association, or other legal entity, not an employee or subsidiary of a manufacturer or distributor, that engages in the business of servicing and repairing consumer goods. See California Civil Code 1791
  • 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.
  • Initiative: means the California Bench to School Initiative established in subdivision (a). See California Education Code 99275
  • Institute: means the California Institute on Law, Neuroscience, and Education created pursuant to subdivision (a). See California Education Code 99275
  • 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
  • Landlord: means any operator, keeper, lessor, or sublessor of any furnished or unfurnished premises for hire, or his or her agent or successor in interest. See California Civil Code 1980
  • Landlord: means any operator, keeper, lessor, or sublessor of any furnished or unfurnished premises for hire, or his or her agent or successor in interest. See California Civil Code 1993
  • landowner: means either the person or persons owning the land or the person or persons owning the timber. See California Public Resources Code 4598.3
  • 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.
  • Lease: means any contract for the lease or bailment for the use of consumer goods by an individual, for a term exceeding four months, primarily for personal, family, or household purposes, whether or not it is agreed that the lessee bears the risk of the consumer goods' depreciation. See California Civil Code 1791
  • 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
  • Legislative session: That part of a chamber's daily session in which it considers legislative business (bills, resolutions, and actions related thereto).
  • Lessee: means an individual who leases consumer goods under a lease. See California Civil Code 1791
  • Lessor: includes "bailor" and "lease" includes "bailment. See California Vehicle Code 372
  • Lessor: means a person who regularly leases consumer goods under a lease. See California Civil Code 1791
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • 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
  • licensing agency: means a panel of the Division of Medical Quality. See California Business and Professions Code 825
  • Licensing board: means any board, as defined in Section 22, the State Bar of California, and the Department of Real Estate. See California Business and Professions Code 30
  • Life estate: A property interest limited in duration to the life of the individual holding the interest (life tenant).
  • Limited partnerships: means limited partnerships where all of the general partners are either nonprofit public benefit corporations, limited liability companies where all of the members are nonprofit public benefit corporations, or a combination of nonprofit public benefit corporations and limited liability companies where all of the members are nonprofit public benefit corporations. See California Health and Safety Code 50530.5
  • 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
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • local agency: means a city, county, or city and county. See California Health and Safety Code 50683
  • Local governmental agencies: includes , but is not limited to, the duly constituted governing body of an Indian reservation or rancheria or a tribally designated housing entity as defined in Section 4103 of Title 25 of the United States Code and Section 50104. See California Health and Safety Code 50530.5
  • 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

  • Maintenance facility or terminal: includes a private business or residence. See California Vehicle Code 34515
  • Manufacturer: means any individual, partnership, corporation, association, or other legal relationship that manufactures, assembles, or produces consumer goods. See California Civil Code 1791
  • 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
  • Money: means a medium of exchange that is currently authorized or adopted by a domestic or foreign government. See California Commercial Code 1201
  • month: means a calendar month, unless otherwise expressed. See California Civil Code 14
  • Mortgage loan: A loan made by a lender to a borrower for the financing of real property. Source: OCC
  • Mortgagee: The person to whom property is mortgaged and who has loaned the money.
  • Mortgagor: The person who pledges property to a creditor as collateral for a loan and who receives the money.
  • motortruck: is a motor vehicle designed, used, or maintained primarily for the transportation of property. See California Vehicle Code 410
  • National Bank: A bank that is subject to the supervision of the Comptroller of the Currency. The Office of the Comptroller of the Currency is a bureau of the U.S. Treasury Department. A national bank can be recognized because it must have "national" or "national association" in its name. Source: OCC
  • National Credit Union Administration: The federal regulatory agency that charters and supervises federal credit unions. (NCUA also administers the National Credit Union Share Insurance Fund, which insures the deposits of federal credit unions.) Source: OCC
  • Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
  • Nonprofit corporations: includes , but is not limited to, a tribally designated housing entity as defined in Section 4103 of Title 25 of the United States Code and Section 50104. See California Health and Safety Code 50530.5
  • Nonurban county: means any county with a population of less than 200,000, as published in the most recent edition of Population Estimates of California Cities and Counties, E-1, prepared by the Department of Finance, Demographic Research Unit. See California Health and Safety Code 50801
  • Open-end credit: A credit agreement (typically a credit card) that allows a customer to borrow against a preapproved credit line when purchasing goods and services. The borrower is only billed for the amount that is actually borrowed plus any interest due. (Also called a charge account or revolving credit.) Source: OCC
  • Organized health care system: includes a licensed clinic as described in Chapter 1 (commencing with Section 1200) of Division 2 of . See California Business and Professions Code 3501
  • Other specified medical services: means tests or examinations performed or ordered by a PA practicing in compliance with this chapter or regulations of the board or the Medical Board of California promulgated under this chapter. See California Business and Professions Code 3501
  • Owner: means any person other than the landlord who has any right, title, or interest in personal property. See California Civil Code 1980
  • Owner: means any person other than the landlord who has any right, title, or interest in property. See California Civil Code 1993
  • Owner: includes any individual, partnership, corporation, or association. See California Public Resources Code 4712
  • 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

  • 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
  • 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 88001
  • 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 an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, government, governmental subdivision, agency, or instrumentality, or any other legal or commercial entity. See California Commercial Code 1201
  • Person: means an individual, partnership, corporation, limited liability company, association, or other group, however organized. See California Business and Professions Code 302
  • Person: includes a corporation as well as a natural person. See California Code of Civil Procedure 17
  • person: means any individual, partnership, corporation, limited liability company, association, or other legal entity that engages in any of these businesses. See California Civil Code 1791
  • 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
  • personal property: include money, goods, chattels, things in action, and evidences of debt. See California Civil Code 14
  • Persons and families of low or moderate income: means persons and families whose income does not exceed 80 percent of the area median income, adjusted for family size, as determined pursuant to regulations or subsequent guidelines adopted by the department. See California Health and Safety Code 50826
  • Persons and families of low or moderate income: includes very low income households, as defined in Section 50105, extremely low income households, as defined in Section 50106, and lower income households as defined in Section 50079. See California Health and Safety Code 50093
  • persons of low income: means persons or families who are eligible for financial assistance specifically provided by a governmental agency for the benefit of occupants of housing financed pursuant to this division. See California Health and Safety Code 50093
  • persons requiring supportive services: means persons who are eligible to receive housing assistance pursuant to federal law because of financial inability to provide adequate housing for themselves or persons dependent upon them, who are or will be participating in programs of rehabilitation, education, or social services, and who meet any of the following criteria:

    California Health and Safety Code 50685.5

  • 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
  • Place of business: means , for the purposes of any retail seller that sells consumer goods by catalog or mail order, the distribution point for consumer goods. See California Civil Code 1791
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
  • Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
  • Portfolio material: means a selection of representative samples of the child's performance within the program setting that may include, but not be limited to, teacher observations, work samples, developmental profiles, photographs, and audio or video recordings that present a picture of the child's progress over time. See California Education Code 8971
  • 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
  • Practice agreement: means the writing, developed through collaboration among one or more physicians and surgeons and one or more physician assistants, that defines the medical services the physician assistant is authorized to perform pursuant to Section 3502 and that grants approval for physicians and surgeons on the staff of an organized health care system to supervise one or more physician assistants in the organized health care system. See California Business and Professions Code 3501
  • 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.
  • Predevelopment loan: means a loan for required expenses, other than administrative and construction, that are incurred by eligible sponsors in the process of, and prior to, securing long-term financing for construction, conversion, preservation, or rehabilitation of assisted housing, and that are recoverable once long-term financing is obtained. See California Health and Safety Code 50530.5
  • Preforeclosure intervention sale: means a sale of a 1 to 25 unit residential real property that is subject to a recorded notice of default by a trustee representing a beneficiary at the time of the sale. See California Health and Safety Code 50720.4
  • Preliminary hearing: A hearing where the judge decides whether there is enough evidence to make the defendant have a trial.
  • Premises: includes any common areas associated therewith. See California Civil Code 1980
  • Premises: includes any common areas associated therewith. See California Civil Code 1993
  • 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.
  • Principal: as used in this chapter means any realty or personalty which has been so set aside or limited by the owner thereof or a person thereto legally empowered that it and any substitutions for it are eventually to be conveyed, delivered, or paid to a person, while the return therefrom or use thereof or any part of such return or use is in the meantime to be taken or received by or held for accumulation for the same or another person. See California Civil Code 731.03
  • 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 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
  • Probate: Proving a will
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Probation officers: Screen applicants for pretrial release and monitor convicted offenders released under court supervision.
  • Process: signifies a writ or summons issued in the course of a judicial proceeding. See California Code of Civil Procedure 17
  • Program: means the State Community Development Block Grant Program created pursuant to federal law (42 U. See California Health and Safety Code 50826
  • Program: means an entity that provides dispute resolution. See California Business and Professions Code 466
  • Program: means the Foreclosure Intervention Housing Preservation Program. See California Health and Safety Code 50720.4
  • Program: means the California Student Loan Refinancing Program created pursuant to this article. See California Education Code 94157
  • Program manager: means the staff manager of the diversion program, as designated by the executive officer of the board. See California Business and Professions Code 3501
  • project: means any major, localized, undertaking by or under the jurisdiction of the State Department of Water Resources, or by or under the jurisdiction of the State Department of Water Resources and the federal government, jointly, which has a duration, estimated by the Director of the Department of Water Resources, of more than three years. See California Education Code 41930
  • 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: includes property real and personal. See California Civil Code 14
  • Property: includes both personal and real property. See California Code of Civil Procedure 17
  • Property acquisition costs: means direct real property acquisition costs such as payment of the purchase price and any liens on eligible properties in addition to repairs required to ensure a property and its structures are in compliance with all applicable habitability, health, and safety laws. See California Health and Safety Code 50720.4
  • PTEIR: means a program timberland environmental impact report prepared pursuant to this article and Article 6. See California Public Resources Code 4598.3
  • Public college: means a community college. See California Education Code 94110
  • Public debt: Cumulative amounts borrowed by the Treasury Department or the Federal Financing Bank from the public or from another fund or account. The public debt does not include agency debt (amounts borrowed by other agencies of the Federal Government). The total public debt is subject to a statutory limit.
  • Public defender: Represent defendants who can't afford an attorney in criminal matters.
  • 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
  • Purchase: means taking by sale, lease, discount, negotiation, mortgage, pledge, lien, security interest, issue or reissue, gift, or any other voluntary transaction creating an interest in property. See California Commercial Code 1201
  • Purchaser: means a person that takes by purchase. See California Commercial Code 1201
  • 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
  • Quorum: The number of legislators that must be present to do business.
  • 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 perceivable form. See California Commercial Code 1201
  • Records: means any material, regardless of the physical form, on which information is recorded or preserved by any means, including in written or spoken words, graphically depicted, printed, or electromagnetically transmitted. See California Civil Code 1980
  • Records: means any material, regardless of the physical form, on which information is recorded or preserved by any means, including in written or spoken words, graphically depicted, printed, or electromagnetically transmitted. See California Civil Code 1993
  • Recourse: An arrangement in which a bank retains, in form or in substance, any credit risk directly or indirectly associated with an asset it has sold (in accordance with generally accepted accounting principles) that exceeds a pro rata share of the bank's claim on the asset. If a bank has no claim on an asset it has sold, then the retention of any credit risk is recourse. Source: FDIC
  • Region: means a county or a consortium of counties voluntarily banding together by action of a designated local board. See California Health and Safety Code 50801
  • Regional occupational program: as used in this chapter , means a sequence of career technical or technical training programs that meet the criteria and standards of instructional programs in regional occupational centers and are conducted in a variety of physical facilities that are not necessarily situated in one single plant or site. See California Education Code 52303
  • registered owner: is a person registered by the department as the owner of a vehicle. See California Vehicle Code 505
  • Regulations: means the rules and regulations as set forth in Division 13. See California Business and Professions Code 3501
  • Remainderman: One entitled to the remainder of an estate after a particular reserved right or interest, such as a life tenancy, has expired.
  • Remainderman: as used in this chapter means the person ultimately entitled to the principal, whether named or designated by the terms of the transaction by which the principal was established or determined by operation of law. See California Civil Code 731.03
  • Remedy: means any remedial right to which an aggrieved party is entitled with or without resort to a tribunal. See California Commercial Code 1201
  • 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).
  • Representative: means a person empowered to act for another, including an agent, an officer of a corporation or association, and a trustee, executor, or administrator of an estate. See California Commercial Code 1201
  • 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
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • retail buyer: means any individual who buys consumer goods from a person engaged in the business of manufacturing, distributing, or selling consumer goods at retail. See California Civil Code 1791
  • retailer: means any individual, partnership, corporation, association, or other legal relationship that engages in the business of selling or leasing consumer goods to retail buyers. See California Civil Code 1791
  • Right: includes remedy. See California Commercial Code 1201
  • Routine visual screening: means noninvasive, nonpharmacological simple testing for visual acuity, visual field defects, color blindness, and depth perception. See California Business and Professions Code 3501
  • Safe Haven: means supportive housing for seriously mentally ill homeless persons, many of whom have cooccurring substance abuse problems, that have been unable or unwilling to participate in high demand housing programs. See California Health and Safety Code 50801
  • Sale: means either of the following:

    California Civil Code 1791

  • sale: includes a lease of more than four months. See California Civil Code 1797.8
  • School district: includes county offices of education. See California Education Code 8971
  • 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

  • Security interest: includes any interest of a consignor and a buyer of accounts, chattel paper, a payment intangible, or a promissory note in a transaction that is subject to Division 9 (commencing with Section 9101). See California Commercial Code 1201
  • Sequester: To separate. Sometimes juries are sequestered from outside influences during their deliberations.
  • Service contract: means a contract in writing to perform, over a fixed period of time or for a specified duration, services relating to the maintenance or repair of a consumer product, except that this term does not include a policy of automobile insurance, as defined in §. See California Civil Code 1791
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • Sheriff: includes marshal. See California Code of Civil Procedure 17
  • Smaller nonindustrial landowner: means an owner of 5,000 acres or less of timberland within the state. See California Public Resources Code 4598.3
  • social media: means an electronic service or account, or electronic content, including, but not limited to, videos or still photographs, blogs, video blogs, podcasts, instant and text messages, email, online services or accounts, or Internet Web site profiles or locations. See California Education Code 99120
  • Spouse: includes "registered domestic partner" as required by §. See California Health and Safety Code 12.2
  • Spouse: includes "registered domestic partner" as required by §. See California Business and Professions Code 14.2
  • Spouse: includes "registered domestic partner" as required by §. See California Code of Civil Procedure 17
  • 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 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 Commercial Code 1201
  • 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 license: means a commercial cannabis license issued by a licensing authority pursuant to this division. See California Business and Professions Code 26300
  • Statute: A law passed by a legislature.
  • Stocking: means a measure of the degree to which space is occupied by well-distributed countable trees. See California Public Resources Code 4528
  • Stream: means a natural watercourse as designated by a solid line or dash and three dots symbol shown on the largest scale United States Geological Survey map most recently published. See California Public Resources Code 4528
  • 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
  • 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
  • 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 Health and Safety Code 18
  • supervising physician and surgeon: means a physician and surgeon licensed by the Medical Board of California or by the Osteopathic Medical Board of California who supervises one or more physician assistants, who possesses a current valid license to practice medicine, and who is not currently on disciplinary probation prohibiting the employment or supervision of a physician assistant. See California Business and Professions Code 3501
  • Supervision: means that a licensed physician and surgeon oversees the activities of, and accepts responsibility for, the medical services rendered by a physician assistant. See California Business and Professions Code 3501
  • Supplemental appropriation: Budget authority provided in an appropriations act in addition to regular or continuing appropriations already provided. Supplemental appropriations generally are made to cover emergencies, such as disaster relief, or other needs deemed too urgent to be postponed until the enactment of next year's regular appropriations act.
  • task force: means the California Oak Mortality Task Force. See California Public Resources Code 4750.2
  • Tenant: includes any paying guest, lessee, or sublessee of any premises for hire. See California Civil Code 1980
  • Tenant: includes any lessee or sublessee of any commercial real property and its premises for hire. See California Civil Code 1993
  • Tenant: as used in this chapter means the person to whom income is presently or currently payable, or for whom it is accumulated or who is entitled to the beneficial use of the principal presently and for a time prior to its distribution. See California Civil Code 731.03
  • Term: means a portion of an agreement that relates to a particular matter. See California Commercial Code 1201
  • 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
  • Testify: Answer questions in court.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • 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
  • 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
  • Transaction costs: means costs related to acquiring a property, which may include property appraisal, transfer taxes, financing costs, underwriting, project management, broker fees, and legal fees. See California Health and Safety Code 50720.4
  • Transitional housing: means housing with supportive services for up to 24 months that is exclusively designated and targeted for recently homeless persons. See California Health and Safety Code 50801
  • 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
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • truck tractor: is a motor vehicle designed and used primarily for drawing other vehicles and not so constructed as to carry a load, other than a part of the weight of the vehicle and the load so drawn. See California Vehicle Code 655
  • Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. Source: OCC
  • Trustee: A person or institution holding and administering property in trust.
  • Trustor: The person who makes or creates a trust. Also known as the grantor or settlor.
  • Truth in Lending Act: The Truth in Lending Act is a federal law that requires lenders to provide standardized information so that borrowers can compare loan terms. In general, lenders must provide information on Source: OCC
  • UCSF: means the University of California, San Francisco. See California Education Code 99275
  • Uphold: The decision of an appellate court not to reverse a lower court decision.
  • User fees: Fees charged to users of goods or services provided by the government. In levying or authorizing these fees, the legislature determines whether the revenue should go into the treasury or should be available to the agency providing the goods or services.
  • 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
  • Verdict: The decision of a petit jury or a judge.
  • 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.
  • Voir dire: The process by which judges and lawyers select a petit jury from among those eligible to serve, by questioning them to determine knowledge of the facts of the case and a willingness to decide the case only on the evidence presented in court. "Voir dire" is a phrase meaning "to speak the truth."
  • will: includes codicil. See California Civil Code 14
  • Will: includes codicil. See California Code of Civil Procedure 17
  • 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: A formal written command, issued from the court, requiring the performance of a specific act.
  • Writ: means an order or precept in writing, issued in the name of the people, or of a court or judicial officer. See California Code of Civil Procedure 17
  • Writing: includes printing, typewriting, or any other intentional reduction to tangible form. See California Commercial Code 1201