Terms Used In California Codes > Code of Civil Procedure > Part 2 > Title 10.5 > Chapter 2 - Commencement of Action

• Acquittal:
  1. Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
  2. A verdict of "not guilty."
   
• Action: means an action for partition under this title. See California Code of Civil Procedure 872.010
• Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
• Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
• agency: means the agency responsible for the preparation and adoption of the congestion management program. See California Government Code 65088.1
• Allegation: something that someone says happened.
• Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
• Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
• Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
• area median income: means the median family income of a geographic area of the state, as annually estimated by the United States Department of Housing and Urban Development pursuant to Section 8 of the United States Housing Act of 1937. See California Health and Safety Code 50093
• Arrest: Taking physical custody of a person by lawful authority.
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
• Attendance: means the number of children present at a preschool facility. See California Education Code 8205
• 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.
• 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.
• Baseline: Projection of the receipts, outlays, and other budget amounts that would ensue in the future without any change in existing policy. Baseline projections are used to gauge the extent to which proposed legislation, if enacted into law, would alter current spending and revenue levels.
• Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. ^{Source: OCC}
• Bequest: Property gifted by will.
• board: means the California Department of Tax and Fee Administration. See California Revenue and Taxation Code 20
• Bureau: means the Cemetery and Funeral Bureau. See California Business and Professions Code 7601
• CalAccount Program: means the proposed program described in paragraph (1) of subdivision (a) of Section 100104. See California Government Code 100100
• California state preschool program: means those programs that offer part-day or full-day, or both, educational programs for eligible three- and four-year-old children. See California Education Code 8205
• Certificate credit rate: means the rate of the credit allowed by this chapter which is specified in the mortgage credit certificate. See California Health and Safety Code 50172
• Certified indebtedness amount: means the amount of indebtedness which meets both of the following criteria:

  California Health and Safety Code 50172

• Chambers: A judge's office.
• Children with exceptional needs: means either of the following:

  California Education Code 8205

• City: includes "city and county" and "incorporated town" but does not include "unincorporated town" or "village. See California Government Code 20
• City: includes incorporated city, city and county, municipal corporation, municipality, town, and incorporated town. See California Revenue and Taxation Code 14
• Commission: means the California Transportation Commission. See California Government Code 65088.1
• Commission: means the State Energy Resources Conservation and Development Commission. See California Health and Safety Code 44275
• Commission: means the CalAccount Blue Ribbon Commission convened pursuant to Section 100102. See California Government Code 100100
• Committee: means the California Debt Limit Allocation Committee established pursuant to Section 50199. See California Health and Safety Code 50172
• 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 estate: includes both community property and quasi-community property. See California Family Code 63
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Construction: includes :

  California Streets and Highways Code 29

• Continuance: Putting off of a hearing ot trial until a later time.
• Cost-effectiveness: means dollars provided to a project pursuant to subdivision (d) of Section 44283 for each ton of covered emission reduction attributed to a project or to the program as a whole. See California Health and Safety Code 44275
• County: includes city and county. See California Government Code 19
• County: includes city and county. See California Health and Safety Code 14
• County: includes "city and county. See California Code of Civil Procedure 17
• County: includes city and county. See California Family Code 67
• County: includes city and county. See California Revenue and Taxation Code 15
• County: includes "city and county. See California Streets and Highways Code 14
• County: includes city and county. See California Food and Agricultural Code 29
• Covered vehicle: includes any vehicle or piece of equipment powered by a covered engine. See California Health and Safety Code 44275
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Decedent: A deceased person.
• Deed: The legal instrument used to transfer title in real property from one person to another.
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Department: means the Department of Transportation. See California Government Code 65088.1
• Department: means the Department of Consumer Affairs. See California Business and Professions Code 7601
• department: means State Department of Health Services. See California Health and Safety Code 20
• Department: means the Department of Transportation of this state. See California Streets and Highways Code 20
• Department: means the Department of Food and Agriculture. See California Food and Agricultural Code 32
• Dependent: A person dependent for support upon another.
• Devise: To gift property by will.
• Director: means the Director of Consumer Affairs. See California Business and Professions Code 7601
• Director: means "State Director of Health Services. See California Health and Safety Code 21
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• Dismissal: The dropping of a case by the judge without further consideration or hearing. ^Source:
• District: means a county air pollution control district or an air quality management district. See California Health and Safety Code 44275
• 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}
• Enrolled bill: The final copy of a bill or joint resolution which has passed both chambers in identical form. It is printed on parchment paper, signed by appropriate officials, and submitted to the President/Governor for signature.
• Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
• Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
• Escrow: Money given to a third party to be held for payment until certain conditions are met.
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Ex officio: Literally, by virtue of one's office.
• Extradition: The formal process of delivering an accused or convicted person from authorities in one state to authorities in another state.
• Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
• Family childcare home education network: means an entity organized under law that contracts with the department to make payments to licensed family childcare home providers and to provide educational and support services to those providers and to children and families eligible for California state preschool program services. See California Education Code 8205
• Federal act: means , for purposes of mortgage credit certificates, Section 612 of the Tax Reform Act of 1984 (Public Law 98-369). See California Health and Safety Code 50172
• Fiduciary: A trustee, executor, or administrator.
• Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
• Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. ^{Source: OCC}
• Four-year-old children: means children who will have their fourth birthday on or before December 1 of the fiscal year in which they are enrolled in a California state preschool program, or a child whose fifth birthday occurs after September 1 of the fiscal year in which they are enrolled in a California state preschool and whose parent or guardian has opted to retain or enroll them in a California state preschool program. See California Education Code 8205
• Fraud: Intentional deception resulting in injury to another.
• full-time: means preschool services certified for a child for 25 or more hours per week. See California Education Code 8205
• Fund: means the Air Pollution Control Fund established pursuant to Section 43015. See California Health and Safety Code 44275
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• governing body: means :

  California Code of Civil Procedure 1245.210

• Grantor: The person who establishes a trust and places property into it.
• Guarantor: A party who agrees to be responsible for the payment of another party's debts should that party default. ^{Source: OCC}
• highway: includes bridges, culverts, curbs, drains, and all works incidental to highway construction, improvement, and maintenance. See California Streets and Highways Code 23
• Incremental cost: means the cost of the project less a baseline cost that would otherwise be incurred by the applicant in the normal course of business. See California Health and Safety Code 44275
• Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
• Infill opportunity zone: means a specific area designated by a city or county, pursuant to subdivision (c) of Section 65088. See California Government Code 65088.1
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. ^{Source: OCC}
• Interregional travel: means any trips that originate outside the boundary of the agency. See California Government Code 65088.1
• Intestate: Dying without leaving a will.
• Issuer: means a state agency or local agency and includes a redevelopment agency, housing authority or other local entity, authorized by state law to issue qualified mortgage bonds, to which the committee has assigned an allocation under this chapter. See California Health and Safety Code 50172
• 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.
• Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
• legislative body: means both of the following:

  California Code of Civil Procedure 1245.310

• Level of service standard: is a threshold that defines a deficiency on the congestion management program highway and roadway system which requires the preparation of a deficiency plan. See California Government Code 65088.1
• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• Licensee: means any person authorized by a license, certificate, registration, or other means to engage in a business or profession regulated by this code or referred to in Sections 1000 and 3600. See California Business and Professions Code 23.8
• Lien: means a mortgage, deed of trust, or other security interest in property whether arising from contract, statute, common law, or equity. See California Code of Civil Procedure 872.010
• Lien: A claim against real or personal property in satisfaction of a debt.
• Liquidated: means that all moneys for a specified fiscal year have been spent by a district to reimburse grantees for valid and eligible project invoices and district administrative costs. See California Health and Safety Code 44275
• Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• Local educational agency: means a school district, a county office of education, a community college district, or a school district acting on behalf of one or more schools within the school district. See California Education Code 8205
• Local jurisdiction: means a city, a county, or a city and county. See California Government Code 65088.1
• maintenance: includes any of the following:

  California Streets and Highways Code 27

• member of the public: means any person other than a member, agent, officer, or employee of a federal, state, or local agency who is acting within the scope of that membership, agency, office, or employment. See California Government Code 7920.515
• month: means a calendar month, unless otherwise expressed. See California Civil Code 14
• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• Mortgage credit certificate: means any certificate which does all of the following:

  California Health and Safety Code 50172

• Mortgage credit certificate program: means any program established by the state or a local agency for any calendar year in which the state or a local agency is authorized to issue qualified mortgage bonds and under which the issuing agency elects not to issue an amount of qualified mortgage bonds it may otherwise issue during the calendar year. See California Health and Safety Code 50172
• Multimodal: means the utilization of all available modes of travel that enhance the movement of people and goods, including, but not limited to, highway, transit, nonmotorized, and demand management strategies including, but not limited to, telecommuting. See California Government Code 65088.1
• newspaper: means a newspaper of general circulation. See California Revenue and Taxation Code 36.5
• 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.
• notice of a public hearing: means a notice that includes the date, time, and place of a public hearing, the identity of the hearing body or officer, a general explanation of the matter to be considered, and a general description, in text or by diagram, of the location of the real property, if any, that is the subject of the hearing. See California Government Code 65094
• Oath: A promise to tell the truth.
• Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
• 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
• Oversight: Committee review of the activities of a Federal agency or program.
• Owner-building: means the process engaged in by owner-builders in the construction of a principal residence. See California Health and Safety Code 50692
• Parking cash-out program: means an employer-funded program under which an employer offers to provide a cash allowance to an employee equivalent to the parking subsidy that the employer would otherwise pay to provide the employee with a parking space. See California Government Code 65088.1
• Parking subsidy: means the difference between the out-of-pocket amount paid by an employer on a regular basis in order to secure the availability of an employee parking space not owned by the employer and the price, if any, charged to an employee for use of that space. See California Government Code 65088.1
• Performance measure: is a n analytical planning tool that is used to quantitatively evaluate transportation improvements and to assist in determining effective implementation actions, considering all modes and strategies. See California Government Code 65088.1
• 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 Health and Safety Code 19
• person: includes a California Native American tribe that is on the contact list maintained by the Native American Heritage Commission. See California Government Code 65092
• person: includes any natural person, corporation, partnership, limited liability company, firm, or association. See California Government Code 7920.520
• Person: includes a corporation as well as a natural person. See California Code of Civil Procedure 17
• Person: includes a natural person, firm, association, organization, partnership, business trust, corporation, limited liability company, or public entity. See California Family Code 105
• Person: means any person, firm, partnership, association, corporation, organization, limited liability company, or business trust. See California Streets and Highways Code 19
• Person: means any individual, partnership, association, corporation, limited liability company, or any organized group of persons whether incorporated or not. See California Food and Agricultural Code 38
• Personal property: All property that is not real property.
• Persons and families of low or moderate income: includes very low income households, as defined in Section 50105, extremely low income households, as defined in Section 50106, and lower income households as defined in Section 50079. See California Health and Safety Code 50093
• petition: means any petition to which a registered voter has affixed the voter's own signature. See California Government Code 7924.100
• Plaintiff: The person who files the complaint in a civil lawsuit.
• Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
• Preauthorized electronic fund transfers: An EFT authorized in advance to recur at substantially regular intervals. ^{Source: OCC}
• Probate: Proving a will
• 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: signifies a writ or summons issued in the course of a judicial proceeding. See California Code of Civil Procedure 17
• Program: means the Carl Moyer Memorial Air Quality Standards Attainment Program created by subdivision (a) of Section 44280. See California Health and Safety Code 44275
• Property: includes real and personal property. See California Code of Civil Procedure 872.010
• property: includes property real and personal. See California Civil Code 14
• Property: includes both personal and real property. See California Code of Civil Procedure 17
• Property: includes real and personal property and any interest therein. See California Family Code 113
• proponent of the petition: means the following:

  California Government Code 7924.105

• Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
• public agency: means any state or local agency. See California Government Code 7920.525
• Public defender: Represent defendants who can't afford an attorney in criminal matters.
• 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 any public library as defined in this code, or any county law library established pursuant to Chapter 5 (commencing with Section 6300) of Division 3 of . See California Education Code 19307
• public records: includes any writing containing information relating to the conduct of the public's business prepared, owned, used, or retained by any state or local agency regardless of physical form or characteristics. See California Government Code 7920.530
• Quasi-community property: means all real or personal property, wherever situated, acquired before or after the operative date of this code in any of the following ways:

  California Family Code 125

• quasi-public entity: means :

  California Code of Civil Procedure 1245.320

• readjusted amount of any other tax resulting from supplemental unsecured property tax levies: shall mean the difference in any other tax levy between the amount that would have been levied had Article XIII?A applied to the 1978-79 unsecured property tax roll and the amount levied using the 1977-78 secured roll property tax rate. See California Revenue and Taxation Code 37
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• regional agency: means the agency responsible for preparation of the regional transportation improvement program. See California Government Code 65088.1
• Remainder: includes reversion, reversionary interest, right of entry, and executory interest. See California Code of Civil Procedure 872.010
• Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
• remittance processing and cashiering: means receiving, batching, balancing, and depositing remittances. See California Revenue and Taxation Code 38
• Respondent: includes defendant, where appropriate. See California Family Code 127
• Returned: means those moneys sent by a district to the state board for reallocation because those moneys are not liquidated by a liquidation deadline. See California Health and Safety Code 44275
• returned: means presented to the appropriate person in person, or postmarked, before the expiration of the specified time period. See California Family Code 359
• Secretary: means the Secretary of Food and Agriculture. See California Food and Agricultural Code 35
• Self-help rehabilitation: means the process engaged in by self-help rehabilitators in the rehabilitation, renovation or improvement of their principal residences. See California Health and Safety Code 50692
• Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
• Spousal support: means support of the spouse of the obligor. See California Family Code 142
• 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 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 Health and Safety Code 23
• 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 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 agency: means every state office, officer, department, division, bureau, board, and commission or other state body or agency, except those agencies provided for in Article IV (except Section 20 thereof) or Article VI of the California Constitution. See California Government Code 7920.540
• State highway: means any highway which is acquired, laid out, constructed, improved or maintained as a State highway pursuant to constitutional or legislative authorization. See California Streets and Highways Code 24
• 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: A command to a witness to appear and give testimony.
• Summons: Another word for subpoena used by the criminal justice system.
• supplemental unsecured property tax levies: shall mean that amount of property tax levied by any city, county, city and county, and special district which is attributable to that portion of the property tax rate levied on the unsecured roll for the 1978-79 tax year, less the rate for voter-approved indebtedness, which is in excess of four dollars ($4) per one hundred dollars ($100) of assessed value. See California Revenue and Taxation Code 37
• 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
• Support order: means a judgment or order of support in favor of an obligee, whether temporary or final, or subject to modification, termination, or remission, regardless of the kind of action or proceeding in which it is entered. See California Family Code 155
• Support services: means those services that, when combined with preschool services, help promote the healthy physical, mental, social, and emotional growth of children. See California Education Code 8205
• tax expenditure: means a credit, deduction, exclusion, exemption, or any other tax benefit as provided for by the state. See California Revenue and Taxation Code 41
• Teacher: means a person with the appropriate permit issued by the Commission on Teacher Credentialing who provides program supervision and instruction that includes supervision of a number of aides, volunteers, and groups of children. See California Education Code 8205
• 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.
• Tenancy by the entirety: A type of joint tenancy between husband and wife that is recognized in some States. Neither party can sever the joint tenancy relationship; when a spouse dies, the survivor acquires full title to the property.
• Tenancy in common: A type of property ownership in which two or more individuals have an undivided interest in property. At the death of one tenant in common, his (her) fractional percentage of ownership in the property passes to the decedent
• Testate: To die leaving a will.
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Three-year-old children: means children who will have their third birthday on or before December 1 of the fiscal year in which they are enrolled in a California state preschool program. See California Education Code 8205
• Title report: includes a preliminary report, guarantee, binder, or policy of title insurance. See California Code of Civil Procedure 872.010
• Town: includes "unincorporated town" and "village. See California Government Code 21
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• trip: means a one-direction vehicle movement. See California Government Code 65088.1
• Trustee: A person or institution holding and administering property in trust.
• Venue: The geographical location in which a case is tried.
• Verdict: The decision of a petit jury or a judge.
• Will: includes codicil. See California Code of Civil Procedure 17
• Writ: A formal written command, issued from the court, requiring the performance of a specific act.
• writing: means any 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 Government Code 7920.545