Terms Used In California Codes > Code of Civil Procedure > Part 2 > Title 13 - APPEALS IN CIVIL ACTIONS

• Achievement test: means any summative standardized test that measures the level of performance that a pupil has achieved on state-adopted content standards. See California Education Code 60603
• Acupuncture: means the stimulation of a certain point or points on or near the surface of the body by the insertion of needles to prevent or modify the perception of pain or to normalize physiological functions, including pain control for the treatment of certain diseases or dysfunctions of the body, and includes the techniques of electroacupuncture, cupping, and moxibustion. See California Business and Professions Code 4927
• Acupuncture assistant: means a person who, without a license, may perform basic supportive acupuncture procedures under the supervision and order of an acupuncturist. See California Business and Professions Code 4927
• Acupuncturist: means an individual to whom a license has been issued to practice acupuncture pursuant to this chapter, which is in effect and is not suspended or revoked. See California Business and Professions Code 4927
• Advertising: as used in this chapter , includes, but is not limited to, any public communication as defined in subdivision (a) of Section 651, the issuance of any card, sign, or device to any person, or the causing, permitting, or allowing of any sign or marking on, or in, any building or structure, or in any newspaper, magazine, or directory, or any printed matter whatsoever, with or without any limiting qualification. See California Business and Professions Code 4992.2
• Agency: means the Labor and Workforce Development Agency. See California Labor Code 18.5
• Alarm agent: means a person employed by an alarm company operator whose duties, being physically conducted within the state, include selling on premises, altering, installing, maintaining, moving, repairing, replacing, servicing, responding, or monitoring an alarm system, and those ancillary devices connected to and controlled by the alarm system, including supplementary smoke detectors, or a person who manages or supervises a person employed by an alarm company to perform any of the duties described in this subdivision or any person in training for any of the duties described in this subdivision. See California Business and Professions Code 7590.1
• Alarm system: means an assembly of equipment and devices arranged to detect a hazard or signal the presence of an off-normal situation. See California Business and Professions Code 7590.1
• Allegation: something that someone says happened.
• Anniversary date: means the anniversary of the date on which zoning is established pursuant to Section 51112 or 51113 takes effect. See California Government Code 51104
• assessment: as used in this chapter , shall have the same meaning as the term "evaluation" in the Individuals with Disabilities Education Act, as provided in Section 1414 of Title 20 of the United States Code. See California Education Code 56302.5
• Bag limit: means the maximum limit, in number or amount, of birds, mammals, fish, reptiles, or amphibians that may lawfully be taken by any one person during a specified period of time. See California Fish and Game Code 18
• 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.
• Basic supportive acupuncture service: means any of the following:

  California Business and Professions Code 4927

• Best value: means a value determined by objective criteria and may include, but need not be limited to, price, features, functions, life-cycle costs, and other criteria deemed appropriate by the community college district. See California Education Code 81701
• 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 Veterinary Medical Board. See California Business and Professions Code 4810
• Board: means the Acupuncture Board. See California Business and Professions Code 4927
• Board: means the governing board of a community college district. See California Education Code 81902
• Board: means the board of supervisors of a county or city and county, whether general law or chartered, which establishes or proposes to establish a timberland production zone pursuant to this chapter. See California Government Code 51104
• Branch office: means any location, other than the principal place of business of the licensee, which is licensed as set forth in Article 11 (commencing with Section 7599. See California Business and Professions Code 7590.1
• bureau: means the Bureau of Security and Investigative Services. See California Business and Professions Code 7580.4
• Bureau: means the Bureau of Security and Investigative Services. See California Business and Professions Code 7590.1
• Census administration: means a test administration in which all pupils take comparable assessments of the same content and where results of individual performance are appropriate and meaningful to parents, pupils, and teachers. See California Education Code 60603
• Certified Interior Designer: means a person who prepares and submits nonstructural or nonseismic plans consistent with Sections 5805 and 5538 to local building departments that are of sufficient complexity so as to require the skills of a licensed contractor to implement them, and who engages in programming, planning, designing, and documenting the construction and installation of nonstructural or nonseismic elements, finishes and furnishings within the interior spaces of a building, and has demonstrated by means of education, experience and examination, the competency to protect and enhance the health, safety, and welfare of the public. See California Business and Professions Code 5800
• Chief: means the Chief of the Bureau of Security and Investigative Services. See California Business and Professions Code 7590.1
• city: means the county or city having jurisdiction over the land. See California Government Code 51104
• commission: means the Student Aid Commission created by this article. See California Education Code 69515
• Commissioner: means any county agricultural commissioner. See California Food and Agricultural Code 26
• Community college: means a community college maintained by the district issuing bonds under this chapter. See California Education Code 81902
• Compatible use: is a ny use which does not significantly detract from the use of the property for, or inhibit, growing and harvesting timber, and shall include, but not be limited to, any of the following, unless in a specific instance such a use would be contrary to the preceding definition of compatible use:

  California Government Code 51104

• Consortium: means a multistate collaborative organized to develop a comprehensive system of assessments or formative tools such as described in Section 60605. See California Education Code 60603
• Content standards: means the specific academic knowledge, skills, and abilities that all public schools in this state are expected to teach, and all pupils are expected to learn, in reading, writing, mathematics, history-social science, world languages, visual and performing arts, and science, at each grade level tested. See California Education Code 60603
• Contiguous: means two or more parcels of land that are adjoining or neighboring or are sufficiently near to each other, as determined by the board or council, that they are manageable as a single forest unit. See California Government Code 51104
• Council: means the city council of a city, whether general law or chartered, which establishes or proposes to establish a timberland production zone pursuant to this chapter. See California Government Code 51104
• County: includes "city and county. See California Labor Code 14
• County: means the county, or city and county, in which all or a majority of the assessed valuation of the community college district lies at the time bonds are issued under this chapter. See California Education Code 81902
• County: includes city and county. See California Food and Agricultural Code 29
• County treasurer: means the treasurer of the county in which all or a majority of the assessed valuation of the district lies at the time bonds are issued under this chapter. See California Education Code 81902
• Deadly weapon: means and includes any instrument or weapon of the kind commonly known as a blackjack, slungshot, billy, sandclub, sandbag, or metal knuckles. See California Business and Professions Code 7590.1
• Decedent: A deceased person.
• Department: means the Department of Consumer Affairs. See California Business and Professions Code 7590.1
• department: refer to the Director and Department of Finance, respectively, unless the context otherwise requires. See California Government Code 13001
• Department: means Department of Industrial Relations. See California Labor Code 19
• Department: means the Department of Food and Agriculture. See California Food and Agricultural Code 32
• Design-build: means a procurement process in which both the design and construction of a project are procured from a single entity. See California Education Code 81701
• Design-build entity: means a corporation, limited partnership, partnership, or other association that is able to provide appropriately licensed contracting, architectural, and engineering services as needed pursuant to a design-build contract. See California Education Code 81701
• designated instruction and services: means "related services" as that term is defined in Section 1401(26) of Title 20 of the United States Code and Section 300. See California Education Code 56363
• Devise: To gift property by will.
• director: means the Director of Consumer Affairs, unless the context indicates otherwise. See California Business and Professions Code 7580.1
• Director: means the Director of Consumer Affairs. See California Business and Professions Code 7590.1
• Director: means Director of Industrial Relations. See California Labor Code 20
• Director: means the Director of Fish and Wildlife. See California Fish and Game Code 39
• District: means fish and game district. See California Fish and Game Code 41
• Division: means the Division of Labor Standards Enforcement. See California Labor Code 2650
• Donor: The person who makes a gift.
• 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 an individual who works for an employer, is listed on the employer's payroll records, and is under the employer's direction and control. See California Business and Professions Code 7590.1
• employer: means a person who employs an individual for wages or salary, lists the individual on the employer's payroll records, and withholds all legally required deductions and contributions. See California Business and Professions Code 7580.8
• Employer: means any person who, directly or indirectly or through an employee, agent, independent contractor, or any other person, employs an industrial homeworker. See California Labor Code 2650
• Employer: means a person who employs an individual for wages or salary, lists the individual on the employer's payroll records, and withholds all legally required deductions and contributions. See California Business and Professions Code 7590.1
• Employer-employee relationship: means an individual who works for another and where the individual's name appears on the payroll records of the employer. See California Business and Professions Code 7590.1
• Executor: A male person named in a will to carry out the decedent
• Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
• Fiduciary: A trustee, executor, or administrator.
• Finance charge: The total cost of credit a customer must pay on a consumer loan, including interest. The Truth in Lending Act requires disclosure of the finance charge. ^{Source: OCC}
• Fishery: means both of the following:

  California Fish and Game Code 94

• Foster family home: includes a small family home as defined in paragraph (6) of subdivision (a) of §. See California Education Code 56155.5
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• governing boards: means the local boards of trustees and the Board of Governors of the California Community Colleges, the Trustees of the California State University, and the Regents of the University of California. See California Education Code 66011
• Guarantor: A party who agrees to be responsible for the payment of another party's debts should that party default. ^{Source: OCC}
• High-quality assessment: means an assessment designed to measure a pupil's knowledge of, understanding of, and ability to apply, critical concepts through the use of a variety of item types and formats, including, but not necessarily limited to, items that allow for constructed responses and items that require the completion of performance tasks. See California Education Code 60603
• Home: means any room, house, apartment, or other premises, whichever is most extensive, used in whole or in part as a place of dwelling. See California Labor Code 2650
• 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.
• individualized instruction based upon performance criteria: means an educational method in which (a) aptitudes, interests, motivations, and other characteristics of each student play a major role in the selection of educational objectives and the determination of the sequence of study and choice of materials and procedures. See California Education Code 58401
• Industrial homework: means any manufacture in a home of materials or articles for an employer when such articles or materials are not for the personal use of the employer or a member of his or her family. See California Labor Code 2650
• Industrial homeworker: means any person who does industrial homework. See California Labor Code 2650
• Insurer: includes an insurance company and any person authorized to represent the insurer with respect to a claim. See California Business and Professions Code 9875
• 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.
• Kelp: means kelp or other marine aquatic plants and the seeds thereof. See California Fish and Game Code 51
• Labor Commissioner: means Chief of the Division of Labor Standards Enforcement. See California Labor Code 21
• Legislative session: That part of a chamber's daily session in which it considers legislative business (bills, resolutions, and actions related thereto).
• Licensee: means a business entity, whether an individual, partnership, limited liability company, or corporation licensed under this chapter. See California Business and Professions Code 7590.1
• 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
• Licensing board: means any board, as defined in Section 22, the State Bar of California, and the Department of Real Estate. See California Business and Professions Code 30
• Lien: A claim against real or personal property in satisfaction of a debt.
• Manager: means an individual designated under an operating agreement of a manager-managed limited liability company who is responsible for performing the management functions for the limited liability company specified in subdivision (c) of §. See California Business and Professions Code 7590.1
• Matrix sampling: means administering different portions of a single assessment to different groups of pupils for the purpose of sampling a broader representation of content and reducing testing time. See California Education Code 60603
• Member: means an individual who is a member of a limited liability company as defined in subdivision (p) of §. See California Business and Professions Code 7590.1
• 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}
• Mortgagee: The person to whom property is mortgaged and who has loaned the money.
• Multidisciplinary committee: means the Veterinary Medicine Multidisciplinary Advisory Committee established pursuant to Section 4809. See California Business and Professions Code 4810
• Net: means any gear made of any kind of twine, thread, string, rope, wire, wood, or other materials used for the gilling, entangling, trapping, or impounding of fish. See California Fish and Game Code 56
• 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.
• Nonconforming use: means any use within a TPZ which lawfully existed on the effective date of zoning established pursuant to Sections 51112 and 51113, and continuing since that time, which is not a compatible use. See California Government Code 51104
• Nonresident: means a person who is not a resident as defined in Section 70. See California Fish and Game Code 57
• Open season: means that period of time during which the taking of birds, mammals, fish, reptiles, or amphibians is allowed as prescribed in this code and regulations adopted by the commission. See California Fish and Game Code 62
• Oral argument: An opportunity for lawyers to summarize their position before the court and also to answer the judges' questions.
• Parcel: means that portion of an assessor's parcel that is timberland, as defined. See California Government Code 51104
• Person: means any individual, partnership and each partner thereof, corporation, limited liability company, or association. See California Labor Code 2650
• Person: means any individual, firm, company, association, organization, partnership, limited liability company, or corporation. See California Business and Professions Code 7590.1
• Person: means any person, association, organization, partnership, business trust, limited liability company, or corporation. See California Labor Code 18
• Person: means any individual, organization, or corporate body, except that only individuals may be licensed under this chapter. See California Business and Professions Code 4927
• Person: includes any individual, firm, corporation, association, copartnership, trust, business trust, or receiver or any trustee or conservator for any thereof, but does not include the state or any public corporation, political subdivision, city, county, district or any agency thereof or of the state. See California Education Code 81902
• personal property: include money, goods, chattels, things in action, and evidences of debt. See California Civil Code 14
• Personal property: All property that is not real property.
• personally identifiable: as used in this part , includes all of the following information:

  California Education Code 56515

• Personally identifiable information: includes a pupil's name and other direct personal identifiers, such as the pupil's identification number. See California Education Code 60603
• 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.
• Population sampling: means administering assessments to a representative sample of pupils instead of the entire pupil population. See California Education Code 60603
• 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.
• Project: means any one or more dormitories or other housing facilities, boarding facilities, student union or activity facilities, vehicle parking facilities, or any other auxiliary or supplementary facilities for individual or group accommodation, owned or operated or authorized to be acquired, constructed, furnished, equipped, and operated by the board for use by students, faculty members, or other employees of any one or more community colleges, or a combination of such facilities, which may include facilities already completed and facilities authorized for future completion, designated by the board as a project in providing for the issuance of revenue bonds. See California Education Code 81902
• property: includes property real and personal. See California Civil Code 14
• Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
• Qualified manager: means an individual who is in active control, management, and direction of the licensee's business, and who is in possession of a current and valid qualified manager's certificate pursuant to this chapter. See California Business and Professions Code 7590.1
• 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}
• Regulations: means the rules and regulations set forth in Division 20 (commencing with Section 2000) of Title 16 of the California Code of Regulations. See California Business and Professions Code 4810
• related services: means transportation, and such developmental, corrective, and other supportive services (including speech-language pathology and audiology services, interpreting services, psychological services, physical and occupational therapy, recreation, including therapeutic recreation, social work services, school nurse services designed to enable an individual with exceptional needs to receive a free appropriate public education as described in the individualized education program of the child, counseling services, including rehabilitation counseling, orientation, and mobility services, and medical services, except that such medical services shall be for diagnostic and evaluation purposes only) as may be required to assist an individual with exceptional needs to benefit from special education, and includes the early identification and assessment of disabling conditions in children. See California Education Code 56363
• Remand: When an appellate court sends a case back to a lower court for further proceedings.
• 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).
• Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
• Resident: means any person who has resided continuously in the State of California for six months or more immediately prior to the date of application for a license or permit, any person on active military duty with the Armed Forces of the United States or auxiliary branch thereof, or any person enrolled in the Job Corps established pursuant to former Section 2883 of Title 29 of the United States Code. See California Fish and Game Code 70
• Secretary: means the Secretary of Labor and Workforce Development. See California Labor Code 19.5
• Sell: includes offer for sale, expose for sale, possess for sale, exchange, barter, or trade. See California Food and Agricultural Code 44
• Sell: includes offer or possess for sale, barter, exchange, or trade. See California Fish and Game Code 75
• 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.
• Spouse: includes "registered domestic partner" as required by §. See California Labor Code 12.2
• Spouse: includes "registered domestic partner" as required by §. See California Business and Professions Code 14.2
• State: means the State of California, unless applied to the different parts of the United States. See California Fish and Game Code 83
• state agency: includes every state office, officer, department, division, bureau, board, and commission. See California Government Code 11000
• Subdivision: means a subdivision of the section in which that term occurs unless some other section is expressly mentioned. See California Food and Agricultural Code 49
• Subpoena: A command to a witness to appear and give testimony.
• Summative assessment: means an assessment designed to be given near the end of the school year to evaluate a pupil's knowledge and skills relative to a specific set of academic standards. See California Education Code 60603
• Summons: Another word for subpoena used by the criminal justice system.
• sunset date: as used in this part , mean the date on which specific categorical programs cease to be operative and Sections 62002, 62003, 62004, 62005, and 62005. See California Education Code 62000
• Supervising acupuncturist: means a person who meets the following conditions:

  California Business and Professions Code 4927

• Supervision: includes , but is not limited to, all of the following:

  California Business and Professions Code 4996.20 v2

• Supervisor: as used in this chapter , means an individual who meets all of the following requirements:

  California Business and Professions Code 4996.20 v2

• 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.
• Timber: means trees of any species maintained for eventual harvest for forest products purposes, whether planted or of natural growth, standing or down, on privately or publicly owned land, including Christmas trees, but does not mean nursery stock. See California Government Code 51104
• Timberland: means privately owned land, or land acquired for state forest purposes, which is devoted to and used for growing and harvesting timber, or for growing and harvesting timber and compatible uses, and which is capable of growing an average annual volume of wood fiber of at least 15 cubic feet per acre. See California Government Code 51104
• timberland preserve zone: means "timberland production zone. See California Government Code 51104
• TPZ: means an area which has been zoned pursuant to Section 51112 or 51113 and is devoted to and used for growing and harvesting timber, or for growing and harvesting timber and compatible uses, as defined in subdivision (h). See California Government Code 51104
• Venue: The geographical location in which a case is tried.
• Verdict: The decision of a petit jury or a judge.
• Violation: includes a failure to comply with any requirement of the code. See California Labor Code 22