California Code of Civil Procedure 170.5 – For the purposes of Sections 170 to 170.5, inclusive, the following …
For the purposes of Sections 170 to 170.5, inclusive, the following definitions apply:
(a) “Judge” means judges of the superior courts, and court commissioners and referees.
Terms Used In California Code of Civil Procedure 170.5
- 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
- Executor: A male person named in a will to carry out the decedent
- Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
- 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.
- Public defender: Represent defendants who can't afford an attorney in criminal matters.
- 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
- Trustee: A person or institution holding and administering property in trust.
(b) “Financial interest” means ownership of more than a 1 percent legal or equitable interest in a party, or a legal or equitable interest in a party of a fair market value in excess of one thousand five hundred dollars ($1,500), or a relationship as director, advisor or other active participant in the affairs of a party, except as follows:
(1) Ownership in a mutual or common investment fund that holds securities is not a “financial interest” in those securities unless the judge participates in the management of the fund.
(2) An office in an educational, religious, charitable, fraternal, or civic organization is not a “financial interest” in securities held by the organization.
(3) The proprietary interest of a policyholder in a mutual insurance company, or a depositor in a mutual savings association, or a similar proprietary interest, is a “financial interest” in the organization only if the outcome of the proceeding could substantially affect the value of the interest.
(c) “Officer of a public agency” does not include a Member of the Legislature or a state or local agency official acting in a legislative capacity.
(d) The third degree of relationship shall be calculated according to the civil law system.
(e) “Private practice of law” includes a fee for service, retainer, or salaried representation of private clients or public agencies, but excludes lawyers as full-time employees of public agencies or lawyers working exclusively for legal aid offices, public defender offices, or similar nonprofit entities whose clientele is by law restricted to the indigent.
(f) “Proceeding” means the action, case, cause, motion, or special proceeding to be tried or heard by the judge.
(g) “Fiduciary” includes any executor, trustee, guardian, or administrator.
(Amended by Stats. 2002, Ch. 784, Sec. 35. Effective January 1, 2003.)