Article 1 General Provisions
Article 2 Small Claims Court
Article 3 Actions
Article 4 Parties
Article 5 Hearing
Article 6 Judgment
Article 7 Motion to Vacate, Appeal, and Related Matters
Article 8 Satisfaction and Enforcement of Judgment
Article 9 Administration

Terms Used In California Codes > Code of Civil Procedure > Part 1 > Title 1 > Chapter 5.5 - Small Claims Court

  • 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.
  • Access: means the ability to receive, use, select, and manipulate data and operate controls included in voting technology and systems. See California Elections Code 19241
  • Access area: means any paved walkway or sidewalk which is within 50 feet of an automated teller machine. See California Financial Code 13020
  • Accessible: means that the information provided on the paper cast vote record from the voter verified paper audit trail mechanism is provided or conveyed to voters via both a visual and a nonvisual method, such as through an audio component. See California Elections Code 19271
  • Account: means an arrangement under a terms-of-service agreement in which the custodian carries, maintains, processes, receives, or stores a digital asset of the user or provides goods or services to the user. See California Probate Code 871
  • Accredited agency: means an agency that has been accredited by an accrediting entity, in accordance with the standards in Subpart F (commencing with Section 96. See California Family Code 8900.5
  • Acquisition: means the acquisition of a fee interest or any other interest in real property including easements, leases and development rights. See California Public Resources Code 75005
  • acquisition of land: as used in this chapter , or in any rule, regulation, or policy adopted by the state librarian pursuant to Section 19960, shall include, but shall not be limited to, the acquisition of land by eminent domain and the eligible cost of acquisition of land by eminent domain shall be the fair market value of the property as defined by Sections 1263. See California Education Code 19957.5
  • Act: means the California Consumer Power and Conservation Financing Authority Act. See California Public Utilities Code 3302
  • Act: means this chapter. See California Business and Professions Code 6501
  • Action: includes a civil action and a criminal action. See California Evidence Code 105
  • Adequate progress: means all of the following:

    California Government Code 65007

  • Adjourn: A motion to adjourn a legislative chamber or a committee, if passed, ends that day's session.
  • Administrative officer: means the chief administrative officer, county administrator, county executive, county manager, or other officials employed in the several counties under various titles whose duties and responsibilities are comparable to the officials named herein. See California Government Code 29001
  • Administratrix: The female counterpart of an administrator. See also
  • Adopted budget: means the budget document formally approved by the board of supervisors after the required public hearings and deliberations on the recommended budget. See California Government Code 29001
  • Adoption service: means any of the following services:

    California Family Code 8900.5

  • Affiliated company: as used in this division , is a company under substantially the same management or control, directly or indirectly, as the industrial loan company. See California Financial Code 18011
  • Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
  • Age: refers to the chronological age of any individual who has reached a 40th birthday. See California Government Code 12926
  • Agency: means the Resources Agency. See California Public Resources Code 5812
  • Agency head: means the individual responsible for the overall operations of a state agency. See California Government Code 13404
  • Allegation: something that someone says happened.
  • Amortization: Paying off a loan by regular installments.
  • 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
  • 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.
  • Appeals board: means the California Unemployment Insurance Appeals Board. See California Government Code 19878
  • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
  • Appliance repair industry: means those activities defined in paragraph (4) of subdivision (f). See California Business and Professions Code 9801
  • Appraisal: A determination of property value.
  • Approved: means acceptable to the department. See California Health and Safety Code 17920
  • Area: means the Mendocino Woodlands Special Treatment Area within the Jackson State Forest, consisting of 2,550 acres, more or less, of state-owned lands lying within the south half of Section 12 of. See California Public Resources Code 5823
  • Arraignment: A proceeding in which an individual who is accused of committing a crime is brought into court, told of the charges, and asked to plead guilty or not guilty.
  • assessed value: means 25 percent of full value to, and including, the 1980-81 fiscal year, and 100 percent of full value for the 1981-82 fiscal year and fiscal years thereafter. See California Government Code 25
  • Assets: as used in this division , means all assets excluding intangibles. See California Financial Code 18017
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Attorney-in-fact: A person who, acting as an agent, is given written authorization by another person to transact business for him (her) out of court.
  • Auditor: means the county auditor or that officer whose responsibilities include those designated in Chapter 4 (commencing with Section 26900) of Division 2. See California Government Code 29001
  • Authority: means the California Consumer Power and Conservation Financing Authority established pursuant to Section 3320 and any board, commission, department, or officer succeeding to the functions thereof, or to whom the powers conferred upon the authority by this division shall be given by law. See California Public Utilities Code 3302
  • Authorized agency activities: includes ministerial functions such as providing loan applications, assembling documents, providing a location for returning documents necessary for making a loan, providing loan account information, receiving payments, disbursing loan funds, evaluating loan applications, and other activities that the commissioner may specify by rule or order. See California Financial Code 18660
  • Automated teller machine: means any electronic information processing device located in California which accepts or dispenses cash in connection with a credit, deposit, or convenience account. See California Financial Code 13020
  • 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.
  • Ballot card: means a card or a number of cards upon which are printed, or identified by reference to the ballot, the names of candidates for nomination or election to one or more offices or the ballot titles of one or more measures. See California Elections Code 302
  • Ballot label: means :

    California Elections Code 303

  • Ballot title and summary: means , for a statewide initiative measure or measure proposed by the Legislature, the summary of the chief purpose and points including the fiscal impact summary of any measure that appears in the state voter information guide. See California Elections Code 303.5
  • 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: means a person to whom a donative transfer of property is made or that person's successor in interest, and:

    California Probate Code 24

  • Bequest: Property gifted by will.
  • Board: means the county board of supervisors acting as the governing authority of a county service area. See California Government Code 25210.2
  • Board: means the California Library Construction and Renovation Board. See California Education Code 19952
  • Board: means the California Public Library Construction and Renovation Board. See California Education Code 19986
  • board: means the California Victim Compensation Board. See California Government Code 13900
  • Board: means the Wildlife Conservation Board. See California Public Resources Code 75005
  • Board: means the board of supervisors of the county, or the same body acting as the governing board of a special district whose affairs and finances are under its supervision and control. See California Government Code 29001
  • board: means the State Public Works Board, and "director" means Director of General Services. See California Government Code 15752
  • Board: means the State Public Works Board. See California Government Code 15802
  • Board: means the Voting Modernization Board, established pursuant to Section 19256. See California Elections Code 19252
  • Board: means the Board of Directors of the California Consumer Power and Conservation Financing Authority. See California Public Utilities Code 3302
  • board: means a county transit development board created pursuant to Chapter 2 (commencing with Section 120050). See California Public Utilities Code 120001
  • board: means the board of directors of the district. See California Public Utilities Code 125050
  • 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: means the Livestock Identification Advisory Board. See California Food and Agricultural Code 20461
  • Board: means the State Board of Forestry and Fire Protection. See California Public Resources Code 5093.52
  • bona fide principal amount: as used in this division solely for the purposes of determining whether the loan amount exceeds a regulatory ceiling, and is not intended to affect the meaning of "principal" for any other purpose. See California Financial Code 22251
  • Bond: means a state general obligation bond issued pursuant to this article adopting the provisions of the State General Obligation Bond Law. See California Elections Code 19252
  • Bond purchase agreement: means a contractual agreement executed between the authority and an underwriter or underwriters and, where appropriate, a participating party, whereby the authority agrees to sell bonds issued pursuant to this division. See California Public Utilities Code 3302
  • Bonds: means revenue bonds, notes, including commercial paper notes or other forms of negotiable short-term indebtedness, or bond anticipation notes issued to finance prison facilities, interest during construction of prison facilities, reserve funds, and costs of issuance of the bonds, as the board may determine. See California Government Code 15819.1
  • Bonds: means bonds, including structured, senior, and subordinated bonds or other securities. See California Public Utilities Code 3302
  • Branch business unit: means all or substantially all of the business of a branch office of an industrial loan company. See California Financial Code 18660
  • Budget year: means the fiscal year (July 1 through June 30) for which the budget is being prepared. See California Government Code 29001
  • Building: means a structure subject to this part. See California Health and Safety Code 17920
  • Burden of producing evidence: means the obligation of a party to introduce evidence sufficient to avoid a ruling against him on the issue. See California Evidence Code 110
  • Burden of proof: means the obligation of a party to establish by evidence a requisite degree of belief concerning a fact in the mind of the trier of fact or the court. See California Evidence Code 115
  • Bureau: means the Bureau of Household Goods and Services. See California Business and Professions Code 9801
  • Bureau: means the Professional Fiduciaries Bureau within the Department of Consumer Affairs, established pursuant to Section 6510. See California Business and Professions Code 6501
  • Bushy Lake: means a body of water in the Bushy Lake area with approximately 11 acres of water surface in the summer and approximately 80 acres in the winter. See California Public Resources Code 5831
  • Bushy Lake area: means that portion of the California Exposition flood plain bounded by the continuous line enclosing Bushy Lake, which line is 100 feet outside the 25-foot elevation contour line as limited on the north side by the waterside toe of the levee and as limited on the west side by a line 100 feet east of State Highway Route 80 as it exists on January 1, 1977. See California Public Resources Code 5831
  • business: includes every kind of business, governmental activity, profession, occupation, calling, or operation of institutions, whether carried on for profit or not. See California Evidence Code 1270
  • Business: includes every kind of business described in Section 1270. See California Evidence Code 1560
  • California Exposition flood plain: means that portion of state-owned California Exposition land in the American River flood plain as it exists on January 1, 1977. See California Public Resources Code 5831
  • California natural landmark: means property designated by the director as being of state significance to California because it is an outstanding example of major biological and geological features found within the boundaries of the state. See California Public Resources Code 5861
  • California Registry of Natural Landmarks: means the official listing of all designated California natural landmarks. See California Public Resources Code 5861
  • California Water Plan: means the California Water Plan Update Bulletin 160-05 and subsequent revisions and amendments. See California Public Resources Code 75005
  • candidate: includes any officeholder who is subject to a recall election. See California Elections Code 305
  • Candlefoot power: means the light intensity of candles on a horizontal plane at 36 inches above ground level and five feet in front of the area to be measured. See California Financial Code 13020
  • Capital: as used in this division , consists of all of the following:

    California Financial Code 18018

  • Capital Stock: as used in this division , means one-class voting common stock. See California Financial Code 18019
  • Carries: means engages in the transmission of electronic communications. See California Probate Code 871
  • Catalogue of electronic communications: means information that identifies each person with which a user has had an electronic communication, the time and date of the communication, and the electronic address of the person. See California Probate Code 871
  • Caucus: From the Algonquian Indian language, a caucus meant "to meet together." An informal organization of members of the legislature that exists to discuss issues of mutual concern and possibly to perform legislative research and policy planning for its members. There are regional, political or ideological, ethnic, and economic-based caucuses.
  • Center: means the Mendocino Woodlands Outdoor Center, consisting of 720 acres, more or less, of state-owned land and improvements located within the east half of the Northeast Quarter and the east half of the Southeast Quarter of Section 13 of the east half and southwest quarter of the Northeast Quarter and the east half and southwest quarter of the Southeast Quarter of Section 24 of T. See California Public Resources Code 5823
  • Central authority: means the entity designated under paragraph (1) of Article 6 of the convention by a convention country. See California Family Code 8900.5
  • certificated members: shall mean members who retain membership under this system while employed in positions subject to coverage under the Defined Benefit Program under the State Teachers' Retirement System. See California Government Code 20636.1
  • Chambers: A judge's office.
  • Charges: as used in this division , include the aggregate interest, fees, bonuses, commissions, brokerage, discounts, expenses, and other forms of costs charged, contracted for, or received by an industrial loan company or any other person in connection with the investigating, arranging, negotiating, procuring, guaranteeing, making, servicing, collecting, or enforcing of a loan, or for forbearance of money, credit, goods, things in action, or any other service or services rendered. See California Financial Code 18007
  • Charitable purpose: means the relief of poverty, the advancement of education or religion, the promotion of health, the promotion of a governmental purpose, or any other purpose the achievement of which is beneficial to the community. See California Probate Code 18502
  • 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.
  • Circulating title and summary: means the text that is required to be placed on a petition for signatures that is either one of the following:

    California Elections Code 303.5

  • City: includes "city and county" and "incorporated town" but does not include "unincorporated town" or "village. See California Government Code 20
  • City: means a city or the City and County of San Francisco. See California Public Resources Code 5642
  • City: means any city whether general law or charter, including a city and county, and including any city the name of which includes the word "town. See California Health and Safety Code 13802
  • City: includes city and county. See California Business and Professions Code 18
  • City: includes city and county and "incorporated town" but does not include "unincorporated town" or "village. See California Public Utilities Code 19
  • City: includes incorporated city, city and county, municipal corporation, municipality, town and incorporated town. See California Financial Code 13
  • Civil action: includes civil proceedings. See California Evidence Code 120
  • Claim: means a demand for payment for any of the following, whether due, not due, accrued or not accrued, or contingent, and whether liquidated or unliquidated:

    California Probate Code 9000

  • Clerk: means the county elections official, registrar of voters, city clerk, or other officer or board charged with the duty of conducting any election. See California Elections Code 307
  • client: means a person who, directly or through an authorized representative, consults a lawyer for the purpose of retaining the lawyer or securing legal service or advice from him in his professional capacity, and includes an incompetent (a) who himself so consults the lawyer or (b) whose guardian or conservator so consults the lawyer in behalf of the incompetent. See California Evidence Code 951
  • Client: means an individual who is served by a professional fiduciary. See California Business and Professions Code 6501
  • Coastal recreational resources: means those land and water areas adjacent to or in close proximity to the Pacific Ocean which are suitable for public park, beach, or recreational purposes, including, but not limited to, areas of historical significance and areas of open space that complement park, beach, or recreational areas. See California Public Resources Code 5096.123
  • Code: means the Code of Fair Campaign Practices. See California Elections Code 20420
  • Codicil: An addition, change, or supplement to a will executed with the same formalities required for the will itself.
  • commission: means a county transportation commission created pursuant to Chapter 2 (commencing with Section 130050). See California Public Utilities Code 130002
  • Commission: means the Public Utilities Commission created by §. See California Public Utilities Code 20
  • commissioner: means a member of the commission. See California Public Utilities Code 20
  • Commissioner: means any county agricultural commissioner. See California Food and Agricultural Code 26
  • Committee: means the California Library Construction and Renovation Finance Committee created pursuant to Section 19972. See California Education Code 19952
  • Committee: means the California Library Construction and Renovation Finance Committee established pursuant to Section 19972. See California Education Code 19986
  • Committee: means the California Drought, Water, Parks, Climate, Coastal Protection, and Outdoor Access For All Finance Committee created by Section 80162. See California Public Resources Code 80002
  • Committee: means the Voting Modernization Finance Committee, established pursuant to Section 19253. See California Elections Code 19252
  • Committee: means the Professional Fiduciaries Advisory Committee, as established pursuant to Section 6511. See California Business and Professions Code 6501
  • 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 access: means engagement programs, technical assistance, or facilities that maximize safe and equitable physical admittance, especially for low-income communities, to natural or cultural resources, community education, or recreational amenities. See California Public Resources Code 80002
  • Community property: means :

    California Probate Code 28

  • company: as used in this division means a premium finance agency as defined in Section 18560. See California Financial Code 18003
  • company: means a premium finance agency. See California Financial Code 18565
  • compensation: means the remuneration paid out of funds controlled by the employer in payment for the member's services performed during normal working hours or for time during which the member is excused from work because of any of the following:

    California Government Code 20630

  • Concurrent resolution: A legislative measure, designated "S. Con. Res." and numbered consecutively upon introduction, generally employed to address the sentiments of both chambers, to deal with issues or matters affecting both houses, such as a concurrent budget resolution, or to create a temporary joint committee. Concurrent resolutions are not submitted to the President/Governor and thus do not have the force of law.
  • Conduct: includes all active and passive behavior, both verbal and nonverbal. See California Evidence Code 125
  • confidential communication: means any information, including, but not limited to, written or oral communication, transmitted between the victim and the counselor in the course of their relationship and in confidence by a means which, so far as the victim is aware, discloses the information to no third persons other than those who are present to further the interests of the victim in the consultation or those to whom disclosures are reasonably necessary for the transmission of the information or an accomplishment of the purposes for which the domestic violence counselor is consulted. See California Evidence Code 1037.2
  • Confidential communication: includes all information regarding the facts and circumstances relating to all incidences of human trafficking, as well as all information about the children of the victim and the relationship of the victim to the human trafficker. See California Evidence Code 1038.2
  • Conservatee: includes a limited conservatee. See California Probate Code 29
  • Conservation actions on private lands: means projects with willing landowners that involve the adaptive flexible management or protection of natural resources in response to changing conditions and threats to habitat and wildlife. See California Public Resources Code 80002
  • Conservation easement: means an interest in real property as defined in §. See California Public Resources Code 5902
  • Conservator: includes a limited conservator. See California Probate Code 30
  • Construction: includes the extension, enlargement, repair, renovation, restoration, improvement, furnishing, and equipping of any public building. See California Government Code 15802
  • Content of an electronic communication: means information concerning the substance or meaning of the communication, which meets all of the following requirements:

    California Probate Code 871

  • contestant: means any person initiating an election contest. See California Elections Code 16002
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Controller: means the State Controller. See California Government Code 29001
  • Convention: means the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption, May 29, 1993. See California Family Code 8900.5
  • Convention adoption: means the adoption of a child resident in a convention country by a United States citizen, or an adoption of a child resident in the United States by an individual or individuals residing in a convention country, if, in connection with the adoption, the child has moved or will move between the United States and the convention country. See California Family Code 8900.5
  • Convention country: means a country that is party to the convention and with which the convention is in force for the United States. See California Family Code 8900.5
  • Core business: means the business of issuing investment certificates, making loans, and other activities that the commissioner may specify by rule or order. See California Financial Code 18660
  • Corporation: as used in this part means a corporation which is organized under, or subject to this part, including a central organization. See California Corporations Code 12232
  • costs incurred by the county: means all costs, except normal salaries and expenses, incurred by the county in bringing to trial or trials, including the trial or trials of, a person or persons for the offense of homicide, including costs, except normal salaries and expenses, incurred by the district attorney in investigation and prosecution, by the sheriff in investigation, by the public defender or court-appointed attorney or attorneys in investigation and defense, and all other costs, except normal salaries and expenses, incurred by the county in connection with bringing the person or persons to trial including the trial itself, which include extraordinary expenses for such services as witness fees and expenses, court-appointed expert witness fees and expenses, reporter fees, and costs in preparing transcripts. See California Government Code 15201
  • Council: means the Civil Rights Council and "council member" means a member of the council. See California Government Code 12925
  • County: includes city and county. See California Government Code 19
  • County: includes city and county. See California Water Code 14
  • County: includes city and county. See California Health and Safety Code 14
  • County: includes city and county. See California Business and Professions Code 17
  • County: includes "city and county. See California Code of Civil Procedure 17
  • County: includes "city and county. See California Corporations Code 14
  • County: includes "city and county. See California Public Resources Code 14
  • County: includes city and county. See California Family Code 67
  • County: includes city and county. See California Public Utilities Code 18
  • County: includes city and county. See California Financial Code 14
  • County: includes city and county. See California Food and Agricultural Code 29
  • County measure: includes any proposed county charter, any proposed amendment to a county charter, any proposition for the issuance of funding or refunding bonds of the county, any other question or proposition submitted to the voters of a county at any election held throughout an entire single county, any advisory question, or any bond proposal or any advisory question submitted to the voters of any public district although the boundaries of the district may be coterminous with those of the county. See California Elections Code 312
  • County service area: means a county service area formed pursuant to this chapter or any of its statutory predecessors. See California Government Code 25210.2
  • Court: means the superior court presiding over the judicial proceedings which have been initiated under this code to administer the estate of the deceased user, or, if none, the superior court sitting in the exercise of jurisdiction under this code in the county of the user's domicile, and the court, as defined in this section, shall have exclusive jurisdiction over proceedings brought under this part. See California Probate Code 871
  • Credit bureau: An agency that collects individual credit information and sells it for a fee to creditors so they can make a decision on granting loans. Typical clients include banks, mortgage lenders, credit card companies, and other financing companies. (Also commonly referred to as consumer-reporting agency or credit-reporting agency.) Source: OCC
  • Credit insurance: means credit life, disability, and loss-of-income insurance, or any combination of these coverages. See California Financial Code 22314
  • Credit loss-of-income insurance: means insurance issued to provide indemnity for payments becoming due on a specific loan or other credit transaction while the debtor is involuntarily unemployed, as defined in the policy. See California Financial Code 18290
  • Credit loss-of-income insurance: means insurance issued to provide indemnity for payments becoming due on a specific loan or other credit transaction while the debtor is involuntarily unemployed, as defined in the policy. See California Financial Code 22314
  • 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
  • creed: include all aspects of religious belief, observance, and practice, including religious dress and grooming practices. See California Government Code 12926
  • Criminal action: includes criminal proceedings. See California Evidence Code 130
  • Critically underserved community: means a community that meets either of the following:

    California Public Resources Code 5642

  • CSRC: means the California Spatial Reference Center or its successor. See California Public Resources Code 8801
  • CSRC: means California Spatial Reference Center or its successor. See California Public Resources Code 8851
  • CSRN: means the California Spatial Reference Network, as defined by Chapter 3 (commencing with Section 8850), "Geodetic Datums and the California Spatial Reference Network. See California Public Resources Code 8801
  • CSRN: means California Spatial Reference Network. See California Public Resources Code 8851
  • Custodian: means a person that carries, maintains, processes, receives, or stores a digital asset of a user. See California Probate Code 871
  • Customer: means a natural person to whom an access device has been issued for personal, family, or household use. See California Financial Code 13020
  • debtor: means the debtor from whom the liability is sought to be collected. See California Code of Civil Procedure 688.040
  • Declarant: is a person who makes a statement. See California Evidence Code 135
  • Defect: means any flaw in the hardware or documentation of a voting system that could result in a state of unfitness for use or nonconformance to the manufacturer's specifications or applicable law. See California Elections Code 19210
  • Defendant: means that person whose election or nomination is contested or those persons receiving an equal and highest number of votes, other than the contestant, where, in other than primary elections, the body canvassing the returns declares that no one person has received the highest number of votes for the contested office. See California Elections Code 16002
  • Defined parking area: means that portion of any parking area open for customer parking which is (1) contiguous to an access area with respect to an automated teller machine. See California Financial Code 13020
  • Delta: means the Sacramento-San Joaquin River Delta. See California Public Resources Code 75005
  • Department: means the Department of Parks and Recreation. See California Public Resources Code 5823
  • department: means the Department of Parks and Recreation and "director" means the Director of Parks and Recreation. See California Public Resources Code 5001.1
  • department: means the Department of Water Resources. See California Public Resources Code 8832
  • department: means the Department of General Services. See California Government Code 14977
  • Department: means the Department of Housing and Community Development. See California Health and Safety Code 17920
  • department: means State Department of Health Services. See California Health and Safety Code 20
  • Department: means the Department of Water Resources. See California Public Resources Code 75005
  • Department: means the Department of Parks and Recreation. See California Public Resources Code 80002
  • Department: means the Civil Rights Department. See California Government Code 12925
  • department: refer to the Director and Department of Finance, respectively, unless the context otherwise requires. See California Government Code 13001
  • Department: means the Department of Transportation. See California Government Code 14002.5
  • Department: means the Department of Human Resources. See California Government Code 19815
  • Department: means the Department of Consumer Affairs. See California Business and Professions Code 6501
  • department: means the State Department of Health Care Services and "director" means the Director of Health Care Services. See California Health and Safety Code 11752
  • Department: means the Department of Parks and Recreation. See California Public Resources Code 5078
  • Department: means the Department of Parks and Recreation. See California Public Resources Code 5095.2
  • Department: means the Department of Food and Agriculture. See California Food and Agricultural Code 32
  • Department: means the Department of Parks and Recreation. See California Public Resources Code 5861
  • Departments: means the Department of Parks and Recreation, the Department of Fish and Game, and the California Coastal Conservancy. See California Public Resources Code 5812
  • Dependent: A person dependent for support upon another.
  • Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
  • Depository institution affiliate: means a depository institution affiliate within the meaning of Section 18(r) of the Federal Deposit Insurance Act (18 U. See California Financial Code 18660
  • Designated recipient: means a person chosen by a user using an online tool to administer digital assets of the user. See California Probate Code 871
  • Development: includes , but is not limited to the physical improvement of real property including the construction of facilities or structures. See California Public Resources Code 75005
  • Devise: when used as a noun, means a disposition of real or personal property by will, and, when used as a verb, means to dispose of real or personal property by will. See California Probate Code 32
  • Devise: To gift property by will.
  • Devisee: means any person designated in a will to receive a devise. See California Probate Code 34
  • Digital asset: means an electronic record in which an individual has a right or interest. See California Probate Code 871
  • Direct recording electronic voting system: means a voting system that records a vote electronically and does not require or permit the voter to record his or her vote directly onto a tangible ballot. See California Elections Code 19271
  • Director: means "State Director of Health Services. See California Health and Safety Code 21
  • Director: means the Director of Civil Rights. See California Government Code 12925
  • Director: means the Director of Consumer Affairs. See California Business and Professions Code 9801
  • Director: means the Director of the Department of Human Resources. See California Government Code 19815
  • director: refer to the Department of General Services and the Director of General Services, respectively, unless the context otherwise requires. See California Government Code 14602
  • Director: means the Director of Fish and Game. See California Public Resources Code 5093.52
  • Director: means the Director of Parks and Recreation. See California Public Resources Code 5095.2
  • Director: means the Director of Parks and Recreation. See California Public Resources Code 5861
  • Directors: means natural persons, designated in the articles or bylaws or elected by the incorporators, and their successors and natural persons designated, elected, or appointed by any other name or title to act as members of the governing body of the corporation. See California Corporations Code 12233
  • Disability: means a medical condition, mental disability, or physical disability, as those terms are defined in subdivisions (i), (j), and (l) of §. See California Elections Code 354.5
  • disabled: includes mental or physical illness and mental or physical injury, including any illness or injury resulting from pregnancy, childbirth, or related medical condition. See California Government Code 19878
  • Disadvantaged community: means a community with a median household income less than 80% of the statewide average. See California Public Resources Code 75005
  • Disadvantaged community: means a community with a median household income less than 80 percent of the statewide average. See California Public Resources Code 80002
  • disaster: means a war or enemy-caused calamity, such as an attack by nuclear weapons, which renders unavailable the Lieutenant Governor, or the Attorney General, or the Secretary of State, or the Treasurer, or the Controller. See California Government Code 12700
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Discrimination: includes refusal to sell, rent, or lease housing accommodations. See California Government Code 12927
  • District: means one of the following:

    California Public Resources Code 5642

  • District: means a fire protection district created pursuant to this part or created pursuant to any law which this part supersedes. See California Health and Safety Code 13802
  • District: means any regional park or open-space district formed pursuant to Article 3 (commencing with Section 5500) of Chapter 3 of Division 5 and any recreation and park district formed pursuant to Chapter 4 (commencing with Section 5780) of Division 5. See California Public Resources Code 5902
  • district: means the North County Transit District. See California Public Utilities Code 125001
  • District: means any district authorized to provide park and recreation services, except a school district. See California Public Resources Code 5096.123
  • District board: means the board of directors of a district. See California Health and Safety Code 13802
  • Division: means the Division of Labor Relations. See California Government Code 19815
  • Division: means the Public Safety Communications Division established by this part. See California Government Code 15251
  • Docket: A log containing brief entries of court proceedings.
  • domestic violence: means "domestic violence" as defined in §. See California Evidence Code 1037.7
  • domestic violence counselor: means a person who is employed by a domestic violence victim service organization, as defined in this article, whether financially compensated or not, for the purpose of rendering advice or assistance to victims of domestic violence and who has at least 40 hours of training as specified in paragraph (2). See California Evidence Code 1037.1
  • domestic violence victim service organization: means either of the following:

    California Evidence Code 1037.1

  • Donee: The recipient of a gift.
  • Donor: The person who makes a gift.
  • duplicate: is a counterpart produced by the same impression as the original, or from the same matrix, or by means of photography, including enlargements and miniatures, or by mechanical or electronic rerecording, or by chemical reproduction, or by other equivalent technique which accurately reproduces the original. See California Evidence Code 260
  • Election: means any election including a primary that is provided for under this code. See California Elections Code 318
  • Election board: means the board of supervisors of each county, the city council or other governing body of a city, or any board or officer to whom similar powers and duties are given by any charter. See California Elections Code 319
  • Electioneering: means the visible display or audible dissemination of information that advocates for or against any candidate or measure on the ballot within the 100 foot limit specified in subdivision (b). See California Elections Code 319.5
  • Elections official: means the county elections official, registrar of voters, or city clerk. See California Elections Code 18546
  • Elections official: means any of the following:

    California Elections Code 320

  • elective officer: includes any officer of the Senate or Assembly who is elected by vote of the members of either or both of the houses of the Legislature, and any appointive officer of a city or county occupying a fixed term of office, as well as officers of the state or contracting agencies elected by the people, and persons elected to a city council or a county board of supervisors. See California Government Code 20322
  • 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
  • Electronic: means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. See California Probate Code 871
  • Electronic communication service: means a custodian that provides to a user the ability to send or receive an electronic communication. See California Probate Code 871
  • Electronic funds transfer: The transfer of money between accounts by consumer electronic systems-such as automated teller machines (ATMs) and electronic payment of bills-rather than by check or cash. (Wire transfers, checks, drafts, and paper instruments do not fall into this category.) Source: OCC
  • Electronic repair industry: means those activities defined in paragraph (1), (2), or (3) of subdivision (f). See California Business and Professions Code 9801
  • Embezzlement: In most states, embezzlement is defined as theft/larceny of assets (money or property) by a person in a position of trust or responsibility over those assets. Embezzlement typically occurs in the employment and corporate settings. Source: OCC
  • Employee: means any of the following:

    California Government Code 19878

  • Endowment fund: means an institutional fund or part thereof that, under the terms of a gift instrument, is not wholly expendable by the institution on a current basis. See California Probate Code 18502
  • Enforcement: means diligent effort to secure compliance, including review of plans and permit applications, response to complaints, citation of violations, and other legal process. See California Health and Safety Code 17920
  • Enterprise: means a revenue-producing improvement, building, system, plant, works, facilities, or undertaking used for or useful for the generation or production of electric energy for lighting, heating, and power for public or private uses. See California Public Utilities Code 3302
  • Equal Credit Opportunity Act: Prohibits creditors from discriminating against credit applicants on the basis of race, color, religion, national origin, sex, marital status, age, or because an applicant receives income from a public assistance program. Source: OCC
  • 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.
  • escrow agent: as used in this division includes joint control agents and Internet escrow agents. See California Financial Code 17005.6
  • Evidence: means testimony, writings, material objects, or other things presented to the senses that are offered to prove the existence or nonexistence of a fact. See California Evidence Code 140
  • Ex officio: Literally, by virtue of one's office.
  • executed: when used with respect to the documents filed pursuant to this code or pursuant to regulations adopted under this code, and presented to the Secretary of State, include a document bearing a signature under subdivision (a). See California Corporations Code 17.1
  • 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
  • Exempted provider: means a social work professional or organization that performs a home study on any prospective adoptive parent, or a child background study, or both, in the United States in connection with a convention adoption, and who is not currently providing and has not previously provided any other adoption service in the case. See California Family Code 8900.5
  • expert: means a physician and surgeon, including a psychiatrist, or any person described by subdivision (b), (c), or (e) of Section 1010. See California Evidence Code 240
  • face amount: as used in this division , means the unpaid balance of a loan or other obligation. See California Financial Code 18010
  • Facilities: includes , but is not limited to, places for organized team sports, outdoor recreation, and informal turf play. See California Public Resources Code 5642
  • facility: means any premises, place, or building that provides residential nonmedical services to adults who are recovering from problems related to alcohol, drug, or alcohol and drug misuse or abuse, and who need alcohol, drug, or alcohol and drug recovery treatment or detoxification services. See California Health and Safety Code 11834.02
  • Facility: when used with respect to a foreign (other state) industrial loan company, means an office in this state at which the industrial loan company engages in noncore business but at which it does not engage in core business. See California Financial Code 18660
  • Facility: includes a place for organized team sports, outdoor recreation, permanent play structures, and multipurpose structures designed to meet the special recreational, educational, vocational, and social needs of youth. See California Public Resources Code 5095.2
  • Failure: means a discrepancy between the external results of the operation of any software or firmware in a voting system and the manufacturer's product requirements for that software or firmware or applicable law. See California Elections Code 19210
  • Family Care Leave benefits: means benefits authorized by Section 19878. See California Government Code 19878
  • Fault: means a step, process, or data definition in any software or firmware in a voting system that is incorrect under the manufacturer's program specification or applicable law. See California Elections Code 19210
  • 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
  • Federal election: means any presidential election, general election, primary election, or special election held solely or in part for the purpose of selecting, nominating, or electing any candidate for the office of President, Vice President, presidential elector, Member of the United States Senate, or Member of the United States House of Representatives. See California Elections Code 323
  • Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
  • FGCS: means the Federal Geodetic Control Subcommittee or its successor. See California Public Resources Code 8801
  • FGCS: means the Federal Geodetic Control Subcommittee or its successor. See California Public Resources Code 8851
  • FGDC: means the Federal Geographic Data Committee or its successor. See California Public Resources Code 8801
  • FGDC: means Federal Geographic Data Committee or it successor. See California Public Resources Code 8851
  • Fiduciary: means personal representative, trustee, guardian, conservator, attorney-in-fact under a power of attorney, custodian under the California Uniform Transfer To Minors Act (Part 9 (commencing with Section 3900) of Division 4), or other legal representative subject to this code. See California Probate Code 39
  • Fiduciary: means an original, additional, or successor personal representative or trustee. See California Probate Code 871
  • Final budget: means the adopted budget adjusted by all revisions throughout the fiscal year as of June 30. See California Government Code 29001
  • 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
  • finance charge: means any amount which the insured agrees to pay the company in excess of the premium and fees charged by the insurer or producer, and exclusive of the cost of credit life insurance and attorney fees. See California Financial Code 18567
  • Financial institution: means a state or national bank, state or federal savings and loan association or credit union, or like organization. See California Probate Code 40
  • firefighter: shall be deemed to include a member of a fire department or fire service of the state, including the University of California, whether these members are volunteer, partly paid, or fully paid, excepting those whose principal duties are clerical, such as stenographers, telephone operators and other workers not engaged in fire-suppression or rescue operations or the protection or preservation of life or property. See California Government Code 19886
  • Fiscal officer: means , for a municipal library, the chief fiscal officer of the municipality. See California Education Code 18015
  • Fiscal year: means the current 12-month period to which the annual operating budget applies and at the end of which a government determines its financial position and the results of its operations. See California Government Code 29001
  • 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).
  • Flood hazard zone: means an area subject to flooding that is delineated as either a special hazard area or an area of moderate hazard on an official flood insurance rate map issued by the Federal Emergency Management Agency. See California Government Code 65007
  • Forbearance: A means of handling a delinquent loan. A
  • Forgery: The fraudulent signing or alteration of another's name to an instrument such as a deed, mortgage, or check. The intent of the forgery is to deceive or defraud. Source: OCC
  • former testimony: means testimony given under oath in:

    California Evidence Code 1290

  • Foundation program: means those elements of library service which are basic to its function as a provider of information, education, and cultural enrichment to all segments of the community, including, but not limited to, collection development and maintenance, lending services, information services, facility maintenance, and administration. See California Education Code 18015
  • Free-flowing: means existing or flowing without artificial impoundment, diversion, or other modification of the river. See California Public Resources Code 5093.52
  • Full pay: means the gross base salary earnable by the employee and subject to retirement contribution if he had not vacated his position. See California Government Code 19870
  • Full pay: means the gross base salary earnable by the employee, and subject to retirement contribution on the date of the commencement of the employee's disability. See California Government Code 19878
  • Fund: means the California Library Construction and Restoration Fund created pursuant to Section 19955. See California Education Code 19952
  • Fund: means the California Public Library Construction and Renovation Fund. See California Education Code 19986
  • Fund: means the Safe Drinking Water, Water Quality and Supply, Flood Control, River and Coastal Protection Fund of 2006. See California Public Resources Code 75005
  • Fund: means the California Drought, Water, Parks, Climate, Coastal Protection, and Outdoor Access For All Fund, created by Section 80032. See California Public Resources Code 80002
  • Fund: means the California Wildlife, Coastal, and Park Land Conservation Fund of 1988 created pursuant to Section 5906. See California Public Resources Code 5902
  • Fund: means the Voting Modernization Fund, created pursuant to subdivision (b) of Section 19254. See California Elections Code 19252
  • Fund: means the California Consumer Power and Conservation Financing Authority Fund. See California Public Utilities Code 3302
  • Fund: means the Heritage Network Decal Fund created pursuant to §. See California Public Resources Code 5078
  • Fund: means the State Urban Parks and Healthy Communities Fund. See California Public Resources Code 5095.2
  • fund: means the State Parks and Recreation Fund. See California Public Resources Code 5098
  • Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
  • Gender: means sex, and includes a person's gender identity and gender expression. See California Government Code 12926
  • Gender expression: means a person's gender-related appearance and behavior whether or not stereotypically associated with the person's assigned sex at birth. See California Government Code 12926
  • General election: means either of the following:

    California Elections Code 324

  • Genetic information: includes any request for, or receipt of, genetic services, or participation in clinical research that includes genetic services, by an individual or any family member of the individual. See California Government Code 12926
  • Germane: On the subject of the pending bill or other business; a strict standard of relevance.
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • gift: means a transfer of personal property made voluntarily and without consideration. See California Probate Code 5700
  • Gift instrument: means a record or records, including an institutional solicitation, under which property is granted to, transferred to, or held by an institution as an institutional fund. See California Probate Code 18502
  • Governing board: means board of school trustees, community college board of trustees, and city, and city and county board of education. See California Education Code 78
  • GPS: means Global Positioning System and includes other, similar space-based systems. See California Public Resources Code 8851
  • 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
  • Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
  • Grantor: The person who establishes a trust and places property into it.
  • Green Party: means the Green Party of California. See California Elections Code 7900
  • group or class of employment: means a number of employees considered together because they share similarities in job duties, work location, collective bargaining unit, or other logical work-related grouping. See California Government Code 20636
  • Guarantor: A party who agrees to be responsible for the payment of another party's debts should that party default. Source: OCC
  • Habeas corpus: A writ that is usually used to bring a prisoner before the court to determine the legality of his imprisonment. It may also be used to bring a person in custody before the court to give testimony, or to be prosecuted.
  • Hague adoption certificate: means a certificate issued by the secretary in an outgoing case (where the child is emigrating from the United States to another convention country) certifying that a child has been adopted in the United States in accordance with the convention and, except as provided in subdivision (b) of Section 97. See California Family Code 8900.5
  • Hague custody declaration: means a declaration issued by the secretary in an outgoing case (where the child is emigrating from the United States to another convention country) declaring that custody of a child for purposes of adoption has been granted in the United States in accordance with the convention and, except as provided in subdivision (b) of Section 97. See California Family Code 8900.5
  • Health care: means any care, treatment, service, or procedure to maintain, diagnose, or otherwise affect a patient's physical or mental condition. See California Probate Code 3200
  • Health care decision: means a decision regarding the patient's health care, including the following:

    California Probate Code 3200

  • Health care institution: means an institution, facility, or agency licensed, certified, or otherwise authorized or permitted by law to provide health care in the ordinary course of business. See California Probate Code 3200
  • health care provider: includes , but is not limited to, the following:

    California Probate Code 4781

  • hearing: means the hearing at which a question under this code arises, and not some earlier or later hearing. See California Evidence Code 145
  • Hearsay: Statements by a witness who did not see or hear the incident in question but heard about it from someone else. Hearsay is usually not admissible as evidence in court.
  • Heir: means any person, including the surviving spouse, who is entitled to take property of the decedent by intestate succession under this code. See California Probate Code 44
  • Historical resource: includes , but is not limited to, any building, structure, site areas, or place which is historically or archeologically significant, or is significant in the architectural, engineering, scientific, economic, agricultural, educational, social, political, military, or cultural annals of California. See California Public Resources Code 5902
  • Historical resource: includes , but is not limited to, any building, structure, site, area, or place which is historically or archaeologically significant, or is significant in the architectural, engineering, scientific, economic, agricultural, educational, social, political, military, or cultural annals of California. See California Public Resources Code 5096.123
  • holder of the privilege: means :

    California Evidence Code 953

  • holder of the privilege: means :

    California Evidence Code 993

  • holder of the privilege: means :

    California Evidence Code 1013

  • holder of the privilege: means :

    California Evidence Code 1035.6

  • holder of the privilege: means :

    California Evidence Code 1037.4

  • Holder of the privilege: means :

    California Evidence Code 1038.2

  • Hours of darkness: means the period that commences 30 minutes after sunset and ends 30 minutes before sunrise. See California Financial Code 13020
  • Housing accommodation: includes a building, structure, or portion thereof that is occupied, or intended to be occupied, pursuant to a transaction facilitated by a hosting platform, as defined in §. See California Government Code 12927
  • Human trafficking caseworker: means a person working for a human trafficking victim service organization, whether financially compensated or not, for the purpose of rendering advice or assistance to victims of human trafficking, who meets the requirements of paragraph (1) or (2) and who also meets the requirements of paragraph (3), if applicable:

    California Evidence Code 1038.2

  • Human trafficking victim service organization: means a nongovernmental organization or entity that provides shelter, program, or other support services to victims of human trafficking and their children and that does all of the following:

    California Evidence Code 1038.2

  • Immediate environments: means the land immediately adjacent to the segments of the rivers designated in Section 5093. See California Public Resources Code 5093.52
  • Immediate vicinity: means the area within a distance of 100 feet from the room or rooms in which the voters are signing the roster and casting ballots. See California Elections Code 18546
  • Impeachment: (1) The process of calling something into question, as in "impeaching the testimony of a witness." (2) The constitutional process whereby the House of Representatives may "impeach" (accuse of misconduct) high officers of the federal government for trial in the Senate.
  • 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
  • Industrial disability leave: means temporary disability as defined in Divisions 4 (commencing with Section 3201) and 4. See California Government Code 19870
  • Information: means data, text, images, videos, sounds, codes, computer programs, software, databases, or other items with like characteristics. See California Probate Code 871
  • Inhabited territory: means territory within which there reside 12 or more registered voters. See California Government Code 25210.2
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Inspector: means the supervisor of the precinct board of which he or she is a member. See California Elections Code 325
  • Institution: means any of the following:

    California Probate Code 18502

  • Institutional fund: means a fund held by an institution exclusively for charitable purposes. See California Probate Code 18502
  • Instrument: as used in this chapter , means a written paper signed by a person or persons transferring the title to, or giving a lien on real property, or giving a right to a debt or duty. See California Government Code 27279
  • Instrument: means a will, a document establishing or modifying a trust, a deed, or any other writing that designates a beneficiary or makes a donative transfer of property. See California Probate Code 45
  • insured: means the person who has purchased or arranged to purchase an insurance contract and who enters into a premium finance agreement with a premium finance agency. See California Financial Code 18562
  • Intangible property: Property that has no intrinsic value, but is merely the evidence of value such as stock certificates, bonds, and promissory notes.
  • Inter vivos: Transfer of property from one living person to another living person.
  • 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
  • interested person: includes any of the following:

    California Probate Code 48

  • internal control: means a process, including a continuous built-in component of operations, effected by a state agency's oversight body, management, and other personnel that provide reasonable assurance that the state agency's objectives will be achieved. See California Government Code 13403
  • Interpretation: includes , but is not limited to, a visitor serving amenity that educates and communicates the significance and value of natural, historical, and cultural resources in a way that increases the understanding and enjoyment of these resources and that may utilize the expertise of a naturalist or other specialist skilled at educational interpretation. See California Public Resources Code 75005
  • Interpretation: includes , but is not limited to, a visitor-serving amenity that enhances the ability to understand and appreciate the significance and value of natural, historical, and cultural resources and that may utilize educational materials in multiple languages, digital information, and the expertise of a naturalist or other skilled specialist. See California Public Resources Code 80002
  • Interrogatories: Written questions asked by one party of an opposing party, who must answer them in writing under oath; a discovery device in a lawsuit.
  • Intestate: Dying without leaving a will.
  • Investment certificates ratio: as used in this division , means the ratio of the aggregate sum of all of the outstanding investment certificates, exclusive of those hypothecated with the company issuing them, of a company to the aggregate amount of its paid-up and unimpaired capital and unimpaired surplus declared not available for dividends pursuant to Section 18319. See California Financial Code 18016
  • ITRF: means International Terrestrial Reference Frame as defined by the International Earth Rotation Service. See California Public Resources Code 8851
  • Joint committee: Committees including membership from both houses of teh legislature. Joint committees are usually established with narrow jurisdictions and normally lack authority to report legislation.
  • joint contract: means a contract with the board as set forth in subdivision (a). See California Government Code 20460.1
  • Joint tenancy: A form of property ownership in which two or more parties hold an undivided interest in the same property that was conveyed under the same instrument at the same time. A joint tenant can sell his (her) interest but not dispose of it by will. Upon the death of a joint tenant, his (her) undivided interest is distributed among the surviving joint tenants.
  • Judicial office: means the office filled by any judicial officer. See California Elections Code 326
  • Juror: A person who is on the jury.
  • Land use regulation: means the regulation by any state or local governmental entity, agency, or official of any activities that take place other than directly on the waters of the segments of the rivers designated in Section 5093. See California Public Resources Code 5093.52
  • Latent power: means any service or facility authorized by Article 4 (commencing with Section 25213) that the local agency formation commission has determined, pursuant to subdivision (i) of Section 56425, that the county service area was not authorized to provide prior to January 1, 2009. See California Government Code 25210.2
  • Law: includes constitutional, statutory, and decisional law. See California Evidence Code 160
  • Law of the domicile: when used with respect to an industrial loan company, means the law of the state of the United States, as defined in Section 146. See California Financial Code 18660
  • Lawsuit: A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty, resulting in harm to the plaintiff.
  • lawyer: means a person authorized, or reasonably believed by the client to be authorized, to practice law in any state or nation. See California Evidence Code 950
  • Lease-purchase financing: means the financing of prison facilities from the proceeds of the sale of bonds authorized by the board. See California Government Code 15819.1
  • Legacy: A gift of property made by will.
  • Legal service: means any service, other than those defined in this section as an adoption service, that relates to the provision of legal advice and information or to the drafting of legal instruments. See California Family Code 8900.5
  • Lessor: means the lessor under any prison facilities lease and any trustee on behalf of the lessor. See California Government Code 15819.1
  • 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
  • license: means a basic permit to operate a narcotic treatment program. See California Health and Safety Code 11839.7
  • Licensed adjuster: means a person licensed by the bureau for adjusting lamps in licensed lamp adjusting stations or for adjusting brakes in licensed brake adjusting stations. See California Business and Professions Code 9888.1
  • Licensed station: means a station licensed by the bureau pursuant to this chapter. See California Business and Professions Code 9888.1
  • 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: means a person who is licensed under this chapter as a professional fiduciary. See California Business and Professions Code 6501
  • line of credit loan: means a loan whereby a borrower requests and a company disburses loan proceeds in an installment or installments during the term of the loan by an advance or series of advances, whether or not the timing of the advance or advances is known on the date the loan is approved by the company. See California Financial Code 18301
  • Listed: means all products that appear in a list published by an approved testing or listing agency. See California Health and Safety Code 17920
  • local agency: means any city, county, district, agency, or other political subdivision of the state for the local performance of governmental or proprietary functions within limited boundaries. See California Water Code 10701
  • local agency formation commission: means a local agency formation commission that operates in the county pursuant to the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000, Division 3 (commencing with Section 56000) of Title 5. See California Government Code 25210.2
  • Local coastal program: means any program created under Section 30108. See California Public Resources Code 5902
  • Local conservation corps: means a program operated by a public agency or nonprofit organization that meets the requirements of Section 14406. See California Public Resources Code 75005
  • Local election: is a municipal, county, or district election. See California Elections Code 328
  • Marital deduction: The deduction(s) that can be taken in the determination of gift and estate tax liabilities because of the existence of a marriage or marital relationship.
  • Measure: means any constitutional amendment or other proposition submitted to a popular vote at any election. See California Elections Code 329
  • Medical condition: means either of the following:

    California Government Code 12926

  • member of the clergy: means a priest, minister, religious practitioner, or similar functionary of a church or of a religious denomination or religious organization. See California Evidence Code 1030
  • Mental disability: includes , but is not limited to, all of the following:

    California Government Code 12926

  • Minimum finance charge: The minimum, or fixed, finance charge that will be imposed during a billing cycle. A minimum finance charge usually applies only when a finance charge is imposed, that is, when you carry over a balance. Source: Federal Reserve
  • Minimum management requirements: means the minimum wilderness management actions that are necessary to administer a wilderness area for the purpose of this chapter. See California Public Resources Code 5093.32
  • Minimum tool: means the least intrusive tool, equipment, device, regulation, action, or practice that will achieve the minimum management requirements. See California Public Resources Code 5093.32
  • missing person: means a person who is presumed to be dead under Section 12401. See California Probate Code 12400
  • Monitoring: means the activities management establishes and operates to assess the quality of performance over time and promptly resolve the findings of audits and other reviews. See California Government Code 13403
  • Month: means a calendar month, unless otherwise expressed. See California Code of Civil Procedure 17
  • Mortgage loan: A loan made by a lender to a borrower for the financing of real property. Source: OCC
  • multicounty designated transportation planning agency: means the Southern California Association of Governments. See California Public Utilities Code 130004
  • Municipal election: means elections in general law cities and where applicable in chartered cities. See California Elections Code 330
  • 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
  • Natural lands: means an area of relatively undeveloped land which (1) has substantially retained its characteristics as provided by nature or has been substantially restored, or which can be feasibly restored, to a near-natural condition, and which has outstanding wildlife, scenic, open-space, or park resources, or a combination thereof, or (2) meets the definition of open-space land in §. See California Public Resources Code 5902
  • Natural region: means a distinct physiographic province having similar geologic history, structures, and land forms. See California Public Resources Code 5861
  • NGS: means the National Geodetic Survey or its successor. See California Public Resources Code 8801
  • NGS: means National Geodetic Survey or its successor. See California Public Resources Code 8851
  • NGS: means National Geodetic Survey or its successor. See California Public Resources Code 8871
  • 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.
  • 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
  • Nomination documents: means declaration of candidacy and nomination papers. See California Elections Code 333
  • Noncore business: means all activities permissible for an industrial loan company, except core business, and except those activities prohibited by law or determined by the commissioner by rule or order not to be noncore business. See California Financial Code 18660
  • Nonmember: as used in this article , means the spouse or former spouse of a member, who as a result of petitioning the court for the division of community property, has been awarded a distinct and separate account reflecting specific credited service and accumulated contributions. See California Government Code 21291
  • Nonpartisan office: means an office, except for a voter-nominated office, for which no party may nominate a candidate. See California Elections Code 334
  • nonprofit organization: means any nonprofit entity qualified to do business in California, qualified under Section 501(c)(3) of Title 26 of the United States Code, and that has among its primary purposes the preservation, protection, or enhancement of land or water resources in their natural, scenic, historical, agricultural, forested, or open-space condition or use, or the provision of conservation and environmental education and other recreational, vocational, and educational services to youth. See California Public Resources Code 5642
  • Nonprofit organization: means any nonprofit corporation qualified to do business in California, and qualified under Section 501?(c)(3) of the Internal Revenue Code. See California Public Resources Code 75005
  • Nonprofit organization: means a nonprofit corporation qualified to do business in California and qualified under Section 501(c)(3) of the Internal Revenue Code. See California Public Resources Code 80002
  • Nonprofit organization: means any charitable organization described in Section 501(c)(3) of the federal Internal Revenue Code, which has among its primary purposes the conservation and preservation of wetlands or of lands predominantly in their natural, scenic, historical, agricultural, forested, or open-space condition. See California Public Resources Code 5902
  • Nonvisual: means synthesized speech, braille, and other output methods that do not require sight. See California Elections Code 19241
  • Notice: includes all papers and orders required to be served in any proceedings before any court, board, or officer, or when required by law to be served independently of such proceeding. See California Government Code 26660
  • Nuisance: means any nuisance defined pursuant to Part 3 (commencing with Section 3479) of Division 4 of . See California Health and Safety Code 17920
  • Oath: A promise to tell the truth.
  • Oath: includes affirmation. See California Government Code 15
  • Office: means the Office of Emergency Services. See California Government Code 15251
  • officer of the county: includes any elective or appointive officer of a county and any person in charge of any office, department, service, or institution of the county, or a division or branch thereof. See California Government Code 29320
  • On the bases enumerated in this part: means or refers to discrimination on the basis of one or more of the following: race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, age, sexual orientation, reproductive health decisionmaking, or veteran or military status. See California Government Code 12926
  • Online tool: means an electronic service provided by a custodian that allows the user, in an agreement distinct from the terms-of-service agreement between the custodian and user, to provide directions for disclosure or nondisclosure of digital assets to a third person. See California Probate Code 871
  • open-end credit program: means a licensee's plan for making open-end loans pursuant to a loan agreement that sets forth the terms and conditions governing the use of the open-end credit program, expressly states that the loan is made pursuant to this article, and provides that:

    California Financial Code 22450

  • open-end loan: means a loan or loans made by an industrial loan company pursuant to a loan agreement which expressly states that it is made pursuant to this section and pursuant to which:

    California Financial Code 18300

  • operating entity: means the entity owning the park land and the facilities thereon. See California Public Resources Code 5400.6
  • Operator: means any bank, savings association, credit union, industrial loan company, savings bank, or other business entity, or any person who operates an automated teller machine. See California Financial Code 13020
  • Oral argument: An opportunity for lawyers to summarize their position before the court and also to answer the judges' questions.
  • order: include a decree, as appropriate under the circumstances. See California Family Code 100
  • Original: means the writing itself or any counterpart intended to have the same effect by a person executing or issuing it. See California Evidence Code 255
  • Original bill: A bill which is drafted by a committee. It is introduced by the committee or subcommittee chairman after the committee votes to report it.
  • 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.
  • Outstanding loans and obligations: as used in this division , means total outstanding loans and obligations, including lease obligations, less unearned interest or charges, unearned discount, reserve or allowance for losses, and other applicable allowances or deductions as determined by regulation of the commissioner. See California Financial Code 18013
  • Oversight: Committee review of the activities of a Federal agency or program.
  • Owner: includes the lessee, sublessee, assignee, managing agent, real estate broker or salesperson, or any person having any legal or equitable right of ownership or possession or the right to rent or lease housing accommodations, and includes the state and any of its political subdivisions and any agency thereof. See California Government Code 12927
  • Owner: means the person, corporation, or partnership that holds fee simple title to real property, or its agent, or the head of the public agency or subordinate employee of the public agency to whom that authority is delegated, who is responsible for administering publicly owned land and who has presented satisfactory evidence of his or her legal right to represent the interests of the subject land. See California Public Resources Code 5861
  • Paper cast vote record: means an auditable document that corresponds to the selection made on the voter's ballot and lists the contests on the ballot and the voter's selections for those contests. See California Elections Code 19271
  • Parallel monitoring: means the testing of a randomly selected sampling of voting equipment on election day designed to simulate actual election conditions to confirm that the system is registering votes accurately. See California Elections Code 19271
  • Parent: means any individual entitled to take as a parent under this code by intestate succession from the child whose relationship is involved. See California Probate Code 54
  • Park: means a tract of land with outstanding scenic, natural, open-space, or recreational values, set apart to conserve natural, scenic, cultural, or ecological resources for present and future generations, and to be used by the public as a place for rest, recreation, education, exercise, inspiration, or enjoyment. See California Public Resources Code 5902
  • Participating party: means either of the following:

    California Public Utilities Code 3302

  • Party: means a political party or organization that has qualified for participation in any primary or presidential general election. See California Elections Code 338
  • party-nominated office: means any of the following offices:

    California Elections Code 337

  • Patient: means an adult who does not have a conservator of the person and for whom a health care decision needs to be made. See California Probate Code 3200
  • patient: means a person who consults a physician or submits to an examination by a physician for the purpose of securing a diagnosis or preventive, palliative, or curative treatment of his physical or mental or emotional condition. See California Evidence Code 991
  • patient: means a person who consults a psychotherapist or submits to an examination by a psychotherapist for the purpose of securing a diagnosis or preventive, palliative, or curative treatment of his mental or emotional condition or who submits to an examination of his mental or emotional condition for the purpose of scientific research on mental or emotional problems. See California Evidence Code 1011
  • Payrate: means the normal monthly rate of pay or base pay of the member paid in cash to similarly situated members of the same group or class of employment for services rendered on a full-time basis during normal working hours, pursuant to publicly available pay schedules. See California Government Code 20636
  • penitent: means a person who has made a penitential communication to a member of the clergy. See California Evidence Code 1031
  • penitential communication: means a communication made in confidence, in the presence of no third person so far as the penitent is aware, to a member of the clergy who, in the course of the discipline or practice of the clergy member's church, denomination, or organization, is authorized or accustomed to hear those communications and, under the discipline or tenets of his or her church, denomination, or organization, has a duty to keep those communications secret. See California Evidence Code 1032
  • Per stirpes: The legal means by which the children of a decedent, upon the death of an ancestor at a level above that of the decedent, receive by right of representation the share of the ancestor
  • Perceive: means to acquire knowledge through one's senses. See California Evidence Code 170
  • Person: includes any person, firm, association, organization, partnership, limited liability company, business trust, corporation, or company. See California Government Code 17
  • Person: means any person, firm, association, organization, partnership, business trust, corporation, limited liability company, or company. See California Water Code 19
  • Person: means an individual, corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership, limited liability company, association, or other entity. See California Probate Code 56
  • Person: means any person, firm, association, organization, partnership, business trust, corporation, limited liability company, or company. See California Health and Safety Code 19
  • Person: includes one or more individuals, partnerships, associations, corporations, limited liability companies, legal representatives, trustees, trustees in bankruptcy, and receivers or other fiduciaries. See California Government Code 12925
  • Person: includes a firm, partnership, association, limited liability company, or corporation. See California Business and Professions Code 9801
  • Person: means an individual, estate, business or nonprofit entity, public corporation, government or governmental subdivision, agency, or instrumentality, or other legal entity. See California Probate Code 871
  • person: includes a firm, association, corporation, campaign committee or organization. See California Elections Code 20200
  • person: includes any individual, firm, partnership, general corporation, professional corporation, or limited liability partnership, as authorized by the Corporations Code. See California Business and Professions Code 5535
  • Person: means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity. See California Probate Code 18502
  • Person: includes a corporation as well as a natural person. See California Code of Civil Procedure 17
  • person: means any person, firm, association, organization, partnership, business trust, corporation, or company, but not including any public corporation or other public entity. See California Water Code 12000
  • Person: includes a natural person, firm, association, organization, partnership, business trust, corporation, limited liability company, or public entity. See California Family Code 105
  • Person: includes a natural person, firm, association, organization, partnership, business trust, corporation, limited liability company, or public entity. See California Evidence Code 175
  • Person: includes any person, firm, partnership, association, corporation, company, limited liability company, syndicate, estate, trust, business trust, or organization of any kind. See California Financial Code 18
  • Person: means any individual, partnership, association, corporation, limited liability company, or any organized group of persons whether incorporated or not. See California Food and Agricultural Code 38
  • Personal representative: means executor, administrator, administrator with the will annexed, special administrator, successor personal representative, public administrator acting pursuant to Section 7660, or a person who performs substantially the same function under the law of another jurisdiction governing the person's status. See California Probate Code 58
  • Personal representative: means an executor, administrator, special administrator, or person that performs substantially the same function under any other law. See California Probate Code 871
  • Petitioner: includes plaintiff, where appropriate. See California Family Code 126
  • Physical disability: includes , but is not limited to, all of the following:

    California Government Code 12926

  • physician: means a person authorized, or reasonably believed by the patient to be authorized, to practice medicine in any state or nation. See California Evidence Code 990
  • Physician Orders for Life Sustaining Treatment form: means a request regarding resuscitative measures that directs a health care provider regarding resuscitative and life-sustaining measures. See California Probate Code 4780
  • 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.
  • Police protective equipment: means equipment or attire worn by law enforcement personnel for the purpose of protecting themselves or the public from overt actions of others or to assist in the carrying out of related duties, for example, handgun, baton, billy, handcuffs, flashlight, whistle, leather belt, holster and cases or attachments. See California Government Code 19850
  • Polling place: means a location where a voter casts a ballot and includes the following terms, as applicable: poll, polling location, and vote center. See California Elections Code 338.5
  • Power of attorney: means a record that grants an agent authority to act in the place of the principal. See California Probate Code 871
  • Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
  • Precinct: means a geographical area within a county that is made up of voters and is formed pursuant to Chapter 3 (commencing with Section 12200) of Division 12. See California Elections Code 338.6
  • precinct board: means the board appointed by the elections official to serve at a vote center. See California Elections Code 339
  • Precinct board member: is a member of the precinct board and includes an election officer. See California Elections Code 339
  • Prejudicial procedural error: means a procedural error that reasonably may be considered to have affected the outcome of the designation process. See California Public Resources Code 5861
  • preliminary fact: means a fact upon the existence or nonexistence of which depends the admissibility or inadmissibility of evidence. See California Evidence Code 400
  • Preliminary hearing: A hearing where the judge decides whether there is enough evidence to make the defendant have a trial.
  • premium finance agreement: means a loan contract, note, agreement or obligation by which an insured agrees to pay to a company in installments the principal amount advanced by the company to an insurer or producer in payment of premium on an insurance contract or contracts, plus charges, with the assignment as security therefor of the unearned premiums, accrued dividends or loss payments, the final installment due date of the agreement not to extend beyond the term of the insurance contract included in the agreement having the latest expiration date. See California Financial Code 18564
  • premium financing: means the activities of a company engaging in the business of advancing money directly or indirectly to an insurer or producer at the request of an insured pursuant to the terms of a premium finance agreement, wherein the insured has assigned the unearned premiums, accrued dividends or loss payments as security for such advancement in payment of premiums on insurance contracts only, and acquiring premium finance agreements, and does not include the financing of insurance contract premiums purchased in connection with the financing of goods and services. See California Financial Code 18563
  • Preservation: means rehabilitation, stabilization, restoration, development, and reconstruction, or any combination of those activities. See California Public Resources Code 75005
  • Preservation: means rehabilitation, stabilization, restoration, conservation, development, and reconstruction, or any combination of those activities. See California Public Resources Code 80002
  • presidential elector: as used in this chapter means an elector of President and Vice President of the United States, and not an elector as defined in Section 321. See California Elections Code 6900
  • 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.
  • Primary election: includes all primary nominating elections provided for by this code. See California Elections Code 341
  • Primary provider: means the accredited agency that is identified pursuant to Section 96. See California Family Code 8900.5
  • Principal amount: as used in this division , means the net amount of money, credit, goods, or things in action received by the debtor or borrower or disbursed on the borrower's instructions at the time of entering into the transaction. See California Financial Code 18009
  • principal balance: means the difference between the amount of the premium and fees charged by the insurer or producer and the downpayment on the premium. See California Financial Code 18566
  • 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. See California Health and Safety Code 13802
  • Prison facilities lease: means any lease of a prison facility entered into by the Director of Corrections with the board pursuant to this chapter. See California Government Code 15819.1
  • Prison facility: means real property, fixtures, furnishings, equipment, and related improvements for the following facilities:

    California Government Code 15819.1

  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Probation officers: Screen applicants for pretrial release and monitor convicted offenders released under court supervision.
  • Proceeding: includes an action. See California Family Code 110
  • Process: includes a writ or summons issued in the course of judicial proceedings of either a civil or criminal nature. See California Government Code 22
  • Process: includes all writs, warrants, summons, and orders of courts of justice, or judicial officers. See California Government Code 26660
  • Professional fiduciary: means either of the following:

    California Business and Professions Code 6501

  • proffered evidence: means evidence, the admissibility or inadmissibility of which is dependent upon the existence or nonexistence of a preliminary fact. See California Evidence Code 401
  • Program: means a program that provides financial assistance, as provided in Article 6 (commencing with Section 3365). See California Public Utilities Code 3302
  • Program: means the State Heritage Network Plan and Grants Program. See California Public Resources Code 5078
  • Project: means plants, facilities, equipment, appliances, structures, expansions, and improvements within the state that serve the purposes of this division as approved by the authority, and all activities and expenses necessary to initiate and complete those projects described in Article 5 (commencing with Section 3350) and Article 7 (commencing with Section 3368), of Chapter 3. See California Public Utilities Code 3302
  • Property: means anything that may be the subject of ownership and includes both real and personal property and any interest therein. See California Probate Code 62
  • Property: includes all property, real, personal or mixed, tangible or intangible, or any interest therein necessary or desirable for carrying out the purposes of this part. See California Government Code 15802
  • Property: includes both personal and real property. See California Code of Civil Procedure 17
  • Property: includes real and personal property and any interest therein. See California Family Code 113
  • Property: includes both real and personal property. See California Evidence Code 185
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Protection: means those actions necessary to prevent harm or damage to persons, property or natural resources or those actions necessary to allow the continued use and enjoyment of property or natural resources and includes acquisition, development, restoration, preservation and interpretation. See California Public Resources Code 75005
  • Protection: means those actions necessary to prevent harm or damage to persons, property, or natural, cultural, and historic resources, actions to improve access to public open-space areas, or actions to allow the continued use and enjoyment of property or natural, cultural, and historic resources, and includes site monitoring, acquisition, development, restoration, preservation, and interpretation. See California Public Resources Code 80002
  • Protective hairstyles: includes , but is not limited to, such hairstyles as braids, locks, and twists. See California Government Code 12926
  • psychotherapist: means a person who is, or is reasonably believed by the patient to be:

    California Evidence Code 1010

  • Public building: includes any structure, building, facility, or work that a state agency has jurisdiction of, or is authorized to design or construct, including, but not limited to, infrastructure, parking lots, landscaping, and other ancillary facilities, including furnishings and equipment, incidental to the use of any building, and also includes the site thereof, and any easements or rights of way appurtenant thereto or necessary for its full use. See California Government Code 15802
  • Public defender: Represent defendants who can't afford an attorney in criminal matters.
  • Public domestic authority: means an authority operated by a state, local, or tribal government. See California Family Code 8900.5
  • Public employee: means an officer, agent, or employee of a public entity. See California Evidence Code 195
  • public entity: means any county, city, or public district. See California Public Resources Code 5800
  • Public entity: includes a nation, state, county, city and county, city, district, public authority, public agency, or any other political subdivision or public corporation, whether foreign or domestic. See California Evidence Code 200
  • Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
  • Public library: means a library, or two or more libraries, operated as a single entity by one or more public jurisdictions and which serve the general public without distinction. See California Education Code 18015
  • public park: includes only a park operated by a public agency. See California Public Resources Code 5400.5
  • quarter: means July, August, and September. See California Health and Safety Code 11839.7
  • Quasi-community property: means the following property, other than community property as defined in Section 28:

    California Probate Code 66

  • Quorum: The number of legislators that must be present to do business.
  • Real property: includes a leasehold interest in real property. See California Probate Code 68
  • Real property: includes lands, tenements, and hereditaments. See California Evidence Code 205
  • Rebuttable presumption: shall be deemed a presumption which affects the burden of producing evidence. See California Elections Code 346
  • Recommended budget: means the budget document recommended to the board of supervisors by the designated county official. See California Government Code 29001
  • Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in a perceivable form. See California Probate Code 871
  • Record: includes every kind of record maintained by a business. See California Evidence Code 1560
  • 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 Probate Code 18502
  • 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
  • Reduced worktime: as used in this article , means employment of less than 40 hours of work per week, and includes arrangements involving job sharing, four-, five-, or six-hour workdays, jobs which provide eight hours of employment or less for one, two, three, four or five days per week, and such other arrangements which the department finds consistent with maximum employment opportunity to employees desiring other than a standard worktime. See California Government Code 19996.20
  • related: means related by blood, adoption, marriage, or registered domestic partnership. See California Business and Professions Code 6501
  • Relevant evidence: means evidence, including evidence relevant to the credibility of a witness or hearsay declarant, having any tendency in reason to prove or disprove any disputed fact that is of consequence to the determination of the action. See California Evidence Code 210
  • Religious corporation: means any corporation formed under, or otherwise subject to, Part 4 (commencing with Section 9110) or Part 6 (commencing with Section 10000) of Division 2 of Title 1 of . See California Government Code 12926.2
  • Religious duties: means duties of employment connected with carrying on the religious activities of a religious corporation or association. See California Government Code 12926.2
  • Remote-computing service: means a custodian that provides to a user computer processing services or the storage of digital assets by means of an electronic communications system, as defined in Section 2510(14) of Title 18 of the United States Code. See California Probate Code 871
  • 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 public or private individual, agency, or organization that is performing actions related to the identification, evaluation, designation, or monitoring of a California natural landmark, on behalf of or in cooperation with the department, either under a contractual agreement or in a volunteer capacity. See California Public Resources Code 5861
  • Reproductive health decisionmaking: includes , but is not limited to, a decision to use or access a particular drug, device, product, or medical service for reproductive health. See California Government Code 12926
  • Request regarding resuscitative measures: includes one, or both of, the following:

    California Probate Code 4780

  • Resources Agency: means the Secretary of the Resources Agency and any constituent units of the Resources Agency that the secretary determines to be necessary to accomplish the purposes of this chapter. See California Public Resources Code 5093.52
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • Restoration: means the improvement of physical structures or facilities and, in the case of natural systems and landscape features includes, but is not limited to, projects for the control of erosion, the control and elimination of exotic species, prescribed burning, fuel hazard reduction, fencing out threats to existing or restored natural resources, road elimination, and other plant and wildlife habitat improvement to increase the natural system value of the property. See California Public Resources Code 75005
  • Restoration: means the improvement of physical structures or facilities and, in the case of natural systems and landscape features, includes, but is not limited to, projects for the control of erosion, stormwater capture and storage or to otherwise reduce stormwater pollution, the control and elimination of invasive species, the planting of native species, the removal of waste and debris, prescribed burning, fuel hazard reduction, fencing out threats to existing or restored natural resources, road elimination, improving instream, riparian, or managed wetland habitat conditions, and other plant and wildlife habitat improvement to increase the natural system value of the property or coastal or ocean resource. See California Public Resources Code 80002
  • Revenues: means all receipts, purchase payments, loan repayments, lease payments, rents, fees and charges, and all other income or receipts derived by the authority from an enterprise, or by the authority or a participating party from any other financing arrangement undertaken by the authority or a participating party, including, but not limited to, all receipts from a bond purchase agreement, and any income or revenue derived from the investment of any money in any fund or account of the authority or a participating party. See California Public Utilities Code 3302
  • Right of offset: Banks' legal right to seize funds that a guarantor or debtor may have on deposit to cover a loan in default. It is also known as the right of set-off. Source: OCC
  • Right of survivorship: The ownership rights that result in the acquisition of title to property by reason of having survived other co-owners.
  • Riparian habitat: means lands that contain habitat which grows close to and which depends upon soil moisture from a nearby freshwater source. See California Public Resources Code 5902
  • River: means the water, bed, and shoreline of rivers, streams, channels, lakes, bays, estuaries, marshes, wetlands, and lagoons, up to the first line of permanently established riparian vegetation. See California Public Resources Code 5093.52
  • Roster: means the official list of voters for an election, which may be in paper or electronic form. See California Elections Code 349.5
  • rules and regulations: as used in this part , means regulations promulgated by the commission or department, as appropriate, pursuant to Chapter 3. See California Health and Safety Code 18010.5
  • Sacramento-San Joaquin Valley: means lands in the bed or along or near the banks of the Sacramento River or San Joaquin River, or their tributaries or connected therewith, or upon any land adjacent thereto, or within the overflow basins thereof, or upon land susceptible to overflow therefrom. See California Government Code 65007
  • Safety equipment: means equipment or attire worn over, in place of, or in addition to, regular clothing, which is necessary to protect the employees' health and welfare, for example, helmets, goggles, safety harnesses, and fireman "turnout gear. See California Government Code 19850
  • School measure: means any proposition, including but not limited to, a proposal for the issuance of bonds by a school district or community college district, an increase in the maximum tax rate of a school district or community college district, or the acceptance, expenditure, and repayment of state funds by a school district or community college district to enable the district to construct buildings and other facilities, submitted to the voters of the district at any election held in the district. See California Elections Code 350
  • School office: means the office filled by any school officer. See California Elections Code 351
  • Scientist: means a person whose combination of academic training and professional field experience in the natural region qualifies him or her to identify and comparatively evaluate a natural area at the regional or state level. See California Public Resources Code 5861
  • Secretary: means the Secretary of the Resources Agency. See California Public Resources Code 75005
  • Secretary: means the United States Secretary of State, and includes any official of the United States Department of State exercising the authority of the Secretary of State under the convention, the IAA, or any regulations implementing the IAA, pursuant to a delegation of authority. See California Family Code 8900.5
  • secretary: refer to the Transportation Agency and the Secretary of Transportation, respectively, unless the context otherwise requires. See California Government Code 13976
  • secretary: refer to the Labor and Workforce Development Agency and the Secretary of Labor and Workforce Development, respectively, unless the context otherwise requires. See California Government Code 15550
  • Secretary: means the Secretary of the Resources Agency. See California Public Resources Code 5093.32
  • Secretary: means the Secretary of the Resources Agency. See California Public Resources Code 5093.52
  • Secretary: means the Secretary of Food and Agriculture. See California Food and Agricultural Code 35
  • Security: includes any note, stock, treasury stock, bond, debenture, evidence of indebtedness, certificate of interest or participation in an oil, gas, or mining title or lease or in payments out of production under such a title or lease, collateral trust certificate, transferable share, voting trust certificate or, in general, any interest or instrument commonly known as a security, or any certificate of interest or participation, any temporary or interim certificate, receipt, or certificate of deposit for, or any warrant or right to subscribe to or purchase, any of the foregoing. See California Probate Code 70
  • Sell: includes offer for sale, expose for sale, possess for sale, exchange, barter, or trade. See California Food and Agricultural Code 44
  • Sequester: To separate. Sometimes juries are sequestered from outside influences during their deliberations.
  • Service contractor: means a service contract administrator or a service contract seller. See California Business and Professions Code 9855
  • Service dealer: means a person who, for compensation, engages in, or holds themselves out to the public as offering services in the business of:

    California Business and Professions Code 9801

  • Service of process: The service of writs or summonses to the appropriate party.
  • Sex: includes , but is not limited to, the following:

    California Government Code 12926

  • sexual assault: includes all of the following:

    California Evidence Code 1036.2

  • sexual assault counselor: means any of the following:

    California Evidence Code 1035.2

  • Sexual orientation: means heterosexuality, homosexuality, and bisexuality. See California Government Code 12926
  • Sheriff: includes marshal. See California Code of Civil Procedure 17
  • Signature: includes either of the following:

    California Elections Code 354.5

  • Signature: includes mark when the signer cannot write, such signer's name being written near the mark by a witness who writes his own name near the signer's name. See California Corporations Code 17
  • Software: includes all programs, voting devices, cards, ballot cards or papers, operating manuals or instructions, test procedures, printouts, and other nonmechanical or nonelectrical items necessary to the operation of a voting system. See California Elections Code 355
  • Sole ownership: The type of property ownership in which one individual holds legal title to the property and has full control of it.
  • Source of income: includes a federal Department of Housing and Urban Development Veterans Affairs Supportive Housing voucher. See California Government Code 12927
  • Special election: is a n election, the specific time for the holding of which is not prescribed by law. See California Elections Code 356
  • Special treatment areas: means , for purposes of this chapter, those areas defined as special treatment areas in Section 895. See California Public Resources Code 5093.52
  • specified amount: means five thousand dollars ($5,000). See California Financial Code 22551
  • Spouse: includes "registered domestic partner" as required by §. See California Health and Safety Code 12.2
  • Spouse: includes domestic partner, as defined in Section 37 of this code, as required by §. See California Probate Code 72
  • Spouse: includes "registered domestic partner" as required by §. See California Code of Civil Procedure 17
  • Spouse: includes "registered domestic partner" as required by §. See California Elections Code 356.5
  • Spouse: includes "registered domestic partner" as required by §. See California Public Utilities Code 12.2
  • Spouse: includes "registered domestic partner" as required by Section 297. See California Family Code 143
  • Spouse: includes "registered domestic partner" as required by §. See California Evidence Code 215
  • Spouse: includes "registered domestic partner" as required by §. See California Government Code 12.2
  • State: means the State of California, unless applied to the different parts of the United States. See California Government Code 18
  • State: means the State of California, unless applied to the different parts of the United States. See California Water Code 18
  • State: means the State of California, unless applied to the different parts of the United States. See California Health and Safety Code 23
  • State: includes any state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possession subject to the legislative authority of the United States. See California Probate Code 74
  • State: means the State of California. See California Public Utilities Code 3302
  • State: means the State of California, unless applied to the different parts of the United States. See California Business and Professions Code 21
  • 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: means the State of California, unless applied to the different parts of the United States. See California Public Utilities Code 17
  • State: means a state of the United States, the District of Columbia, or a commonwealth, territory, or insular possession subject to the jurisdiction of the United States. See California Family Code 145
  • State: means the State of California, unless applied to the different parts of the United States. See California Evidence Code 220
  • state agencies: means every state office, officer, department, division, bureau, board, and commission and the California State University and the Regents of the University of California. See California Government Code 14938
  • State agency: means every entity included in subdivision (a) of Section 11000 and the California State University. See California Government Code 13404
  • State agency: as used in this chapter does not include educational institutions. See California Government Code 14773
  • State agency: includes any state office, officer, department, division, bureau, board, commission, organization, or agency including, without limitation, the University of California, the California State University, the California Community Colleges, and the Judicial Council. See California Government Code 15802
  • state agency: includes every state office, officer, department, division, bureau, board, and commission. See California Government Code 11000
  • State Board: means the State Water Resources Control Board. See California Public Resources Code 75005
  • State employees: means employees of the state and its agencies, but does not include employees of the University of California or the California State University. See California Government Code 19850
  • state fund: means the State Compensation Insurance Fund. See California Government Code 20251
  • state lands: means lands owned by, or under the jurisdiction of, the state or any state agency. See California Public Resources Code 5097
  • State military emergency: as used in this part , means an emergency declared and terminable by the Governor by proclamation during, but not limited to, such times as the United States is conscripting personnel for service in the armed forces. See California Government Code 18540.2
  • State significance: means property that is one of the best examples of a biological community or geological feature within a natural region of the state, including a terrestrial community, land form, geological feature and process, habitat of native plant and animal species, or fossil evidence of the development of life. See California Public Resources Code 5861
  • Statement: means (a) oral or written verbal expression or (b) nonverbal conduct of a person intended by him as a substitute for oral or written verbal expression. See California Evidence Code 225
  • Statewide election: is a n election held throughout the state. See California Elections Code 357
  • Station: means a lamp adjusting station or a brake adjusting station. See California Business and Professions Code 9888.1
  • Statute: includes a treaty and a constitutional provision. See California Evidence Code 230
  • Stewardship: means the development and implementation of major programs for the protection, rehabilitation, restoration, and enhancement of the basic natural systems and outstanding scenic features of the state park system. See California Public Resources Code 5902
  • Subdivision: means a subdivision of the section in which that term occurs unless some other section is expressly mentioned. See California Water Code 10
  • Subdivision: means a subdivision of the section in which that term occurs, unless some other section is expressly mentioned. See California Business and Professions Code 15
  • Subdivision: means a subdivision of the section in which that term occurs unless some other section is expressly mentioned. See California Public Utilities Code 10
  • Subdivision: means a subdivision of the section in which that term occurs unless some other section is expressly mentioned. See California Food and Agricultural Code 49
  • Subdivision: means a subdivision of the section in which the term occurs unless some other section is expressly mentioned. See California Government Code 10
  • Subpoena duces tecum: A command to a witness to produce documents.
  • Summons: Another word for subpoena used by the criminal justice system.
  • Supervised provider: means any agency, person, or other nongovernmental entity that is providing any adoption service in a convention adoption under the supervision and responsibility of an accredited agency that is acting as the primary provider in the case. See California Family Code 8900.5
  • Support: refers to a support obligation owing on behalf of a child, spouse, or family, or an amount owing pursuant to Section 17402. See California Family Code 150
  • System: means the California wilderness preservation system. See California Public Resources Code 5093.32
  • System: means the California Wild and Scenic Rivers System. See California Public Resources Code 5093.52
  • telecommuting: means the partial or total substitution of computers or telecommunication technologies, or both, for the commute to work by employees residing in California. See California Government Code 14200
  • 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.
  • Terms-of-service agreement: means an agreement that controls the relationship between a user and a custodian. See California Probate Code 871
  • Testate: To die leaving a will.
  • Testator: A male person who leaves a will at death.
  • third party: as used in this part , means an entity which is all of the following:

    California Health and Safety Code 18013.2

  • Thrift obligations: as used in this chapter include principal invested in investment or thrift certificates however evidenced, and unpaid interest thereon accrued as of the last interest accrual date prior to the date the commissioner takes possession of the property and business of a member or the date such member is the subject of an order for relief in bankruptcy, whichever occurs sooner. See California Financial Code 18477
  • 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.
  • Town: includes "unincorporated town" and "village. See California Government Code 21
  • Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
  • Transferee: means the beneficiary, donee, or other recipient of an interest transferred by an instrument. See California Probate Code 81.5
  • Transferor: means the testator, settlor, grantor, owner, or other person who executes an instrument. See California Probate Code 81
  • Trier of fact: includes (a) the jury and (b) the court when the court is trying an issue of fact other than one relating to the admissibility of evidence. See California Evidence Code 235
  • Trust: includes the following:

    California Probate Code 82

  • Trust: means a State Heritage Network Trust organized pursuant to subdivision (c) of Section 5078. See California Public Resources Code 5078
  • Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. Source: OCC
  • Trust company: means an entity that has qualified to engage in and conduct a trust business in this state. See California Probate Code 83
  • Trustee: includes an original, additional, or successor trustee, whether or not appointed or confirmed by a court. See California Probate Code 84
  • Trustee: means a fiduciary with legal title to property under an agreement or declaration that creates a beneficial interest in another. See California Probate Code 871
  • Unavailable: means that any such officer is either killed, missing, or so seriously injured as to be unable to perform that officer's duties. See California Government Code 12700
  • unavailable as a witness: means that the declarant is any of the following:

    California Evidence Code 240

  • Undetermined risk area: means an urban or urbanizing area within a moderate flood hazard zone, as delineated on an official flood insurance rate map issued by the Federal Emergency Management Agency, which has not been determined to have an urban level of protection. See California Government Code 65007
  • Uniform: means outer garments, excluding shoes, which are required to be worn exclusively while carrying out the duties and responsibilities of the position and which are different from the design or fashion of the general population. See California Government Code 19850
  • Uniform Commercial Code: A set of statutes enacted by the various states to provide consistency among the states' commercial laws. It includes negotiable instruments, sales, stock transfers, trust and warehouse receipts, and bills of lading. Source: OCC
  • United States: means the United States of America, and in relation to any particular matter includes the officers, agents, employees, agencies, or instrumentalities authorized to act in relation thereto. See California Water Code 20
  • United States: means the United States of America, and in relation to any particular matter includes the officers, agents, employees, agencies, or instrumentalities authorized to act in relation thereto. See California Water Code 12001
  • Uphold: The decision of an appellate court not to reverse a lower court decision.
  • Urban level of flood protection: means the level of protection that is necessary to withstand flooding that has a 1-in-200 chance of occurring in any given year using criteria consistent with, or developed by, the Department of Water Resources. See California Government Code 65007
  • Urbanized or heavily urbanized local agencies: include cities, counties, or a city and county, or special districts as determined by the Department of Finance according to the latest verifiable census data pursuant to subdivisions (c) and (d) of Section 5621. See California Public Resources Code 5095.2
  • use or enlargement of any natural channel for municipal purposes: includes , but is not limited to, sewage treatment and pollution prevention and the encasing and piping of the New River to protect human health and the natural environment. See California Water Code 7043.5
  • User: means a person that has an account with a custodian. See California Probate Code 871
  • 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.
  • Usury: Charging an illegally high interest rate on a loan. Source: OCC
  • value of property: means market value of any of the following:

    California Evidence Code 811

  • Variable Rate: Having a "variable" rate means that the APR changes from time to time based on fluctuations in an external rate, normally the Prime Rate. This external rate is known as the "index." If the index changes, the variable rate normally changes. Also see Fixed Rate.
  • Venue: The geographical location in which a case is tried.
  • Verdict: The decision of a petit jury or a judge.
  • Veteran or military status: means a member or veteran of the United States Armed Forces, United States Armed Forces Reserve, the United States National Guard, and the California National Guard. See California Government Code 12926
  • Veto: The procedure established under the Constitution by which the President/Governor refuses to approve a bill or joint resolution and thus prevents its enactment into law. A regular veto occurs when the President/Governor returns the legislation to the house in which it originated. The President/Governor usually returns a vetoed bill with a message indicating his reasons for rejecting the measure. In Congress, the veto can be overridden only by a two-thirds vote in both the Senate and the House.
  • victim: means a person who consults a sexual assault counselor for the purpose of securing advice or assistance concerning a mental, physical, or emotional condition caused by a sexual assault. See California Evidence Code 1035
  • victim: means any person who suffers domestic violence, as defined in Section 1037. See California Evidence Code 1037
  • Victim: means a person who consults a human trafficking caseworker for the purpose of securing advice or assistance concerning a mental, physical, emotional, or other condition related to their experience as a victim of human trafficking. See California Evidence Code 1038.2
  • visually impaired: means a person having central visual acuity not to exceed 20-200 in the better eye, with corrected lenses, 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 at an angle of not greater than 20 degrees. See California Elections Code 2051
  • Vote center: means a location established for holding elections that offers the services described in Sections 2170 and 4005. See California Elections Code 357.5
  • Vote tabulating device: means any piece of equipment, other than a voting machine, that compiles a total of votes cast by means of ballot card sorting, ballot card reading, paper ballot scanning, electronic data processing, or a combination of that type of equipment. See California Elections Code 358
  • Voter: means any elector who is registered under this code. See California Elections Code 359
  • Voter list: means the list of registered voters in a single or consolidated precinct or in an entire county. See California Elections Code 359.2
  • Voter verified paper audit trail: means a paper cast vote record containing a copy of each of the voter's selections that allows each voter to confirm his or her selections before the voter casts his or her ballot for systems that do not contain a paper ballot. See California Elections Code 19271
  • Voter-nominated office: means a congressional or state elective office for which a candidate may choose to have his or her party preference or lack of party preference indicated upon the ballot. See California Elections Code 359.5
  • Voting device: means any device used in conjunction with a ballot card or cards to indicate the choice of the voter by marking, punching, or slotting the ballot card. See California Elections Code 360
  • Voting machine: means any electronic device, including, but not limited to, a precinct optical scanner and a direct recording voting system, into which a voter may enter his or her votes, and which, by means of electronic tabulation and generation of printouts or other tangible, human-readable records, furnishes a total of the number of votes cast for each candidate and for or against each measure. See California Elections Code 361
  • Voting system: means any voting machine, voting device, or vote tabulating device that does not use prescored punch card ballots. See California Elections Code 19252
  • Voting system: means a mechanical, electromechanical, or electronic system and its software, or any combination of these used for casting a ballot, tabulating votes, or both. See California Elections Code 362
  • Weeds: as used in this part , means vegetation growing upon streets, sidewalks, or private property in any county, including any fire protection district and may include any of the following:

    California Health and Safety Code 14875

  • Wetlands: means lands which may be covered periodically or permanently with shallow water and which include saltwater marshes, freshwater marshes, open or closed brackish water marshes, swamps, mudflats, fens, and vernal pools. See California Public Resources Code 5902
  • Whole business unit: means all or substantially all of the business of an industrial loan company. See California Financial Code 18660
  • Wilderness areas: means component areas of the system as described in Section 5093. See California Public Resources Code 5093.32
  • Will: includes codicil and any testamentary instrument which merely appoints an executor or revokes or revises another will. See California Probate Code 88
  • Will: includes a codicil, a testamentary instrument that only appoints an executor, or an instrument that revokes or revises a testamentary instrument. See California Probate Code 871
  • Will: includes codicil. See California Code of Civil Procedure 17
  • Work clothes: means attire that is worn over, or in place of, regular clothing and is necessary to protect the employee's clothing from damage or stains which would be present in the normal performance of his or her duties, for example, aprons, lab smocks, shop coats, or coveralls. See California Government Code 19850
  • 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
  • Writ of certiorari: An order issued by the Supreme Court directing the lower court to transmit records for a case for which it will hear on appeal.
  • Writing: includes printing and typewriting. See California Code of Civil Procedure 17
  • Writing: means handwriting, typewriting, printing, photostating, photographing, photocopying, transmitting by electronic mail or facsimile, and every other means of recording upon any tangible thing, any form of communication or representation, including letters, words, pictures, sounds, or symbols, or combinations thereof, and any record thereby created, regardless of the manner in which the record has been stored. See California Evidence Code 250
  • Writing: includes any form of recorded message capable of comprehension by ordinary visual means. See California Financial Code 8
  • Zone: means a zone formed pursuant to Article 8 (commencing with Section 25217). See California Government Code 25210.2