Terms Used In California Codes > Civil Code > Division 3 > Part 4 > Title 3 > Chapter 4 - Private Bulk Storage of Grain

• 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.
• 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
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
• Baseline: Projection of the receipts, outlays, and other budget amounts that would ensue in the future without any change in existing policy. Baseline projections are used to gauge the extent to which proposed legislation, if enacted into law, would alter current spending and revenue levels.
• Bill of sale: means a written instrument, conforming to the requirements of this chapter, which evidences a transfer of grain. See California Civil Code 1880.1
• Buyer: means a purchaser of grain which is thereafter stored in private bulk storage, and includes the assigns and successors in interest of such buyer. See California Civil Code 1880.1
• Casualty broker-agent: means a person licensed pursuant to Section 1625. See California Insurance Code 33.5
• City: includes "city and county. See California Insurance Code 15
• City: includes city and county and "incorporated town" but does not include "unincorporated town" or "village. See California Public Utilities Code 19
• Class: means a group of carriers or related businesses as specified by the commission for purposes of establishing the fees pursuant to this article. See California Public Utilities Code 424
• Class: means a group of public utilities as specified by the commission for purposes of establishing fees pursuant to this article. See California Public Utilities Code 435
• Commission: means the Public Utilities Commission created by §. See California Public Utilities Code 20
• Commissioner: means the Insurance Commissioner. See California Insurance Code 14001
• Commissioner: means the Insurance Commissioner of this State. See California Insurance Code 20
• Conviction: A judgement of guilt against a criminal defendant.
• County: includes "city and county. See California Insurance Code 14
• County: includes city and county. See California Public Utilities Code 18
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Department: means the Department of Insurance. See California Insurance Code 14001
• Devise: To gift property by will.
• Districts: means school districts of every kind or class. See California Education Code 35514
• Domestic: means organized under the laws of this State, whether or not admitted. See California Insurance Code 26
• Energy Commission: means the State Energy Resources Conservation and Development Commission. See California Public Utilities Code 20
• Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
• 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}
• Escrow: Money given to a third party to be held for payment until certain conditions are met.
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Federal Deposit Insurance Corporation: A government corporation that insures the deposits of all national and state banks that are members of the Federal Reserve System. ^{Source: OCC}
• Fee: means that monetary amount determined in accordance with this article. See California Public Utilities Code 424
• Fee: means that monetary amount determined in accordance with this article. See California Public Utilities Code 435
• Foreign: means not organized under the laws of this State, whether or not admitted. See California Insurance Code 27
• Fraud: Intentional deception resulting in injury to another.
• Grain: includes barley, corn, flax, hay, grain sorghums, oats, rice, rye, and wheat. See California Civil Code 1880.1
• Gross intrastate revenues: means those revenues from a public utility subject to the jurisdiction of the commission and accounted for according to the uniform system of accounts maintained by the commission. See California Public Utilities Code 435
• Home protection company: means any person licensed pursuant to this part which issues home protection contracts. See California Insurance Code 12740
• Home protection contract: means a contract or agreement whereby a person, other than a builder, seller, or lessor of the home which is the subject of the contract, undertakes for a specified period of time, for a predetermined fee, to repair or replace all or any part of any component, system or appliance of a home necessitated by wear and tear, deterioration or inherent defect, arising during the effective period of the contract, and, in the event of an inspection conducted pursuant to subdivision (b) of Section 12761, by the failure of that inspection to detect the likelihood of any such loss. See California Insurance Code 12740
• 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.
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Insurance agent: means a person authorized, by and on behalf of an insurer, to transact all classes of insurance other than life, disability, or health insurance, on behalf of an admitted insurance company. See California Insurance Code 31
• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• Licensee: means a person licensed under this chapter. See California Insurance Code 14001
• licensee: means an insurer, agent, broker, or any other person who is required to be licensed by the department. See California Insurance Code 38.6
• Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• Manager: means the individual under whose direction, control, charge, or management the business of a licensee is operated. See California Insurance Code 14001
• 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.
• nonresident: means a person who is not a resident of this state at the time of the performance of the act referred to in Section 14071. See California Insurance Code 14078
• Oversight: Committee review of the activities of a Federal agency or program.
• Person: includes any individual, firm, company, association, organization, partnership, limited liability company, and corporation. See California Insurance Code 14001
• Person: means any person, association, organization, partnership, business trust, limited liability company, or corporation. See California Insurance Code 19
• Personal property: All property that is not real property.
• 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.
• 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.
• Private bulk storage: means the storage of grain in storage facilities after sale of such grain by a seller. See California Civil Code 1880.1
• Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
• Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
• Protection contract fee: means the consideration received, or to be received, by a home protection company for the issuance of any home protection contract. See California Insurance Code 12740
• 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}
• Resident: means residing in this State, "nonresident" means not residing in this State. See California Insurance Code 30
• residential property: as used in this part means any single or multiple unit or units, including mobilehomes, (as defined in Health and Safety Code Section 18211) used primarily for residential purposes. See California Insurance Code 12740
• Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
• Sales in kilowatt hours: means sales in kilowatt hours, subject to the jurisdiction of the commission, for service directly to customers and subscribers of each electrical corporation, and shall not include interdepartmental sales or transfers and sales to other privately owned or publicly owned public utilities furnishing electricity. See California Public Utilities Code 435
• Sales in therms: means deliveries of gas in therms, without regard to ownership of the gas, subject to the jurisdiction of the commission, directly to customers and subscribers of each gas corporation, except interdepartmental sales or transfers and sales to other privately owned or publicly owned public utilities furnishing electricity, gas, or heat. See California Public Utilities Code 435
• Seller: means a producer of grain who continues to store grain after sale thereof by him in storage facilities owned, operated, or controlled by him. See California Civil Code 1880.1
• Service of process: The service of writs or summonses to the appropriate party.
• 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.
• State: means the State of California, unless applied to the different parts of the United States. See California Insurance Code 28
• State: means the State of California, unless applied to the different parts of the United States. See California Public Utilities Code 17
• Storage facilities: means any bin, building, elevator, protected enclosure, or other structure owned, operated, or controlled by the seller of the grain stored therein. See California Civil Code 1880.1
• Subdivision: means a subdivision of the section in which that term occurs unless some other section is expressly mentioned. See California Public Utilities Code 10
• Surplus line broker: means a person licensed under Section 1765 and authorized to do business under Chapter 6 (commencing with Section 1760) of Part 2 of Division 1. See California Insurance Code 47
• Testify: Answer questions in court.
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Verdict: The decision of a petit jury or a judge.