Terms Used In California Codes > Code of Civil Procedure > Part 2 > Title 2 - OF THE TIME OF COMMENCING CIVIL ACTIONS

• Accepting county: means the county accepting transferred territory by reason of a county boundary change. See California Government Code 23231
• Acquiring district: means a school district that has all or portions of one or more other school districts transferred into, or lapsed into, its boundaries pursuant to subdivision (b) of Section 35511 or Section 35780. See California Education Code 35514
• action: as used in this Title is to be construed, whenever it is necessary so to do, as including a special proceeding of a civil nature. See California Code of Civil Procedure 363
• Administrator: means the senior executive appointed to operate a home. See California Military and Veterans Code 1010
• Affected county: means each county from which territory is proposed to be transferred to create a new county. See California Government Code 23301
• Affected county: means any county which contains or would contain territory which is the subject of a boundary change. See California Government Code 23201
• Affected territory: means any unincorporated area which is proposed to be transferred from one county to another. See California Government Code 23201
• 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.
• Allegation: something that someone says happened.
• Amortization: Paying off a loan by regular installments.
• Arrest: Taking physical custody of a person by lawful authority.
• 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
• Associate: when used with respect to a licensee, means all of the following:

  California Corporations Code 28820

• 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.
• Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
• 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.
• Bill of sale: means a written instrument, conforming to the requirements of this chapter, which evidences a transfer of grain. See California Civil Code 1880.1
• Board: means the governing board of the San Joaquin Joint Powers Authority established under Section 14074. See California Government Code 14074
• Board: means the governing board of the Capitol Corridor Joint Powers Authority established under Section 14076. See California Government Code 14076
• Board: means the board of supervisors of a county which establishes or proposes to establish an agricultural preserve or which enters or proposes to enter into a contract on land within an agricultural preserve pursuant to this chapter. See California Government Code 51201
• 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
• Buyer: means a purchaser of grain which is thereafter stored in private bulk storage, and includes the assigns and successors in interest of such buyer. See California Civil Code 1880.1
• Capitol Corridor Joint Powers Authority: means the joint exercise of powers agency formed under Chapter 5 (commencing with Section 6500) of Division 7 of Title 1 and specified in subdivision (a) of Section 14070. See California Government Code 14076
• Chief: means the Chief of the Bureau of Security and Investigative Services. See California Business and Professions Code 7590.1
• City: includes "city and county" and "incorporated town" but does not include "unincorporated town" or "village. See California Government Code 20
• Classification: means that each position in the classified service shall have a designated title, a regular minimum number of assigned hours per day, days per week, and months per year, a specific statement of the duties required to be performed by the employees in each such position, and the regular monthly salary ranges for each such position. See California Education Code 45101
• Clerk: means the clerk of a county board of supervisors. See California Government Code 23301
• Clerk: means the clerk of a county board of supervisors. See California Government Code 23231
• Close relative: means ancestor, lineal descendant, brother or sister and lineal descendants of either, spouse, father-in-law, mother-in-law, son-in-law, brother-in-law, daughter-in-law, or sister-in-law. See California Corporations Code 28820
• Commission: means the County Formation Review Commission. See California Government Code 23301
• commission: means the California Transportation Commission. See California Government Code 14002.5
• Commission: means the County Boundary Review Commission. See California Government Code 23231
• 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.
• Compatible use: includes agricultural use, recreational use or open-space use unless the board or council finds after notice and hearing that the use is not compatible with the agricultural, recreational or open-space use to which the land is restricted by contract pursuant to this chapter. See California Government Code 51201
• Conducting county: means any county whose board of supervisors adopts a resolution pursuant to Section 23206. See California Government Code 23201
• Continuance: Putting off of a hearing ot trial until a later time.
• corridor: means the Los Angeles-Bakersfield-Fresno-Stockton-Sacramento-Oakland intercity passenger rail corridor. See California Government Code 14074
• corridor: means the Colfax-Sacramento-Suisun City-Oakland-San Jose rail corridor. See California Government Code 14076
• County: includes "city and county. See California Corporations Code 14
• Credit report: A detailed report of an individual's credit history prepared by a credit bureau and used by a lender in determining a loan applicant's creditworthiness. ^{Source: OCC}
• Decedent: A deceased person.
• Deed: The legal instrument used to transfer title in real property from one person to another.
• Demotion: means assignment to an inferior position or status, without the employee's written voluntary consent. See California Education Code 45101
• Department: means the Department of Veterans Affairs. See California Military and Veterans Code 1010
• department: whenever used in this code , unless the context otherwise requires, means the State Department of Education. See California Education Code 89
• Department: means the Department of Transportation. See California Government Code 14002.5
• department: means the Department of Veterans Affairs. See California Military and Veterans Code 690
• Director: means the Director of Transportation. See California Government Code 14002.5
• Director: means the Director of Consumer Affairs. See California Business and Professions Code 7590.1
• Disciplinary action: includes any action whereby an employee is deprived of any classification or any incident of any classification in which he has permanence, including dismissal, suspension, demotion, or any reassignment, without his voluntary consent, except a layoff for lack of work or lack of funds. See California Education Code 45101
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• Districts: means school districts of every kind or class. See California Education Code 35514
• Divided district: means a school district that has had a portion of its territory become part of a new school district or transferred into one or more other school districts by an action to reorganize taken pursuant to Section 35511. See California Education Code 35514
• Donee: The recipient of a gift.
• drop procedure: means an activity whereby each student and staff member takes cover under a table or desk, dropping to his or her knees, with the head protected by the arms, and the back to the windows. See California Education Code 35297
• 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}
• 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}
• Escheat: Reversion of real or personal property to the state when 1) a person dies without leaving a will and has no heirs, or 2) when the property (such as a bank account) has been inactive for a certain period of time. ^{Source: OCC}
• Escrow: Money given to a third party to be held for payment until certain conditions are met.
• Evidence of debt: means a note or negotiable instrument. See California Civil Code 1918.5
• 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
• 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.
• 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}
• 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).
• 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}
• Former district: means a school district that has been wholly included in another school district, or has had all of its territory made part of two or more other school districts, through any action taken pursuant to Section 35511 or through a lapsation pursuant to Section 35780. See California Education Code 35514
• franchise: means a franchise granted by a public entity and all the rights and privileges thereof, other than the franchise of being a corporation. See California Code of Civil Procedure 708.910
• 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
• Grain: includes barley, corn, flax, hay, grain sorghums, oats, rice, rye, and wheat. See California Civil Code 1880.1
• Grantor: The person who establishes a trust and places property into it.
• 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.
• Home: means any facility operated by the department for the provision of long-term care, assisted living, adult day health, independent living, or other health care services to eligible veterans. See California Military and Veterans Code 1010
• Indebtedness: means the net obligations of a county arising from contract or through the operation of law, other than short-term operational expenses, but including and not limited to obligations arising under general obligation bonds, leases, joint powers agreements, and similar obligations or contracts entered into by the county prior to the date on which a petition is filed. See California Government Code 23231
• 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.
• Inhabited territory: means territory within which there reside 12 or more registered voters at the time a resolution is adopted pursuant to Section 23203 or a petition is filed pursuant to Section 23205. See California Government Code 23201
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Intangible property: Property that has no intrinsic value, but is merely the evidence of value such as stock certificates, bonds, and promissory notes.
• 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}
• Intestate: Dying without leaving a will.
• joint powers board: means the governing board of a joint exercise of powers agency established pursuant to Article 5. See California Government Code 14070
• 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.
• 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.
• Legatee: A beneficiary of a decedent
• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• 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
• 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
• Lineal descendant: Direct descendant of the same ancestors.
• Livestock: means any cattle, sheep, swine, goat, or horse, mule, or other equine. See California Civil Code 3080
• Livestock servicer: means any individual, corporation, partnership, joint venture, cooperative, association or any other organization or entity which provides livestock services. See California Civil Code 3080
• Livestock services: means any and all grazing, feeding, boarding, general care, which includes animal health services, obtained or provided by the livestock servicer, or his employee, transportation or other services rendered by a person to livestock for the owner of livestock, or for any person acting by or under the owner's authority. See California Civil Code 3080
• Local agency: as used in this division means county, city, or city and county, unless the context otherwise requires. See California Government Code 50001
• Member: means a veteran or nonveteran spouse or domestic partner who has been admitted to residency at a veterans' home. See California Military and Veterans Code 1010
• month: means a calendar month, unless otherwise expressed. See California Civil Code 14
• Mortgage loan: A loan made by a lender to a borrower for the financing of real property. ^{Source: OCC}
• Mortgagee: The person to whom property is mortgaged and who has loaned the money.
• Mortgagor: The person who pledges property to a creditor as collateral for a loan and who receives the money.
• 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}
• New district: means a school district that is formed from all or portions of one or more other school districts by an action to reorganize taken pursuant to subdivision (a) of Section 35511. See California Education Code 35514
• 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: 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
• Oath: A promise to tell the truth.
• online dating service: means any person or organization engaged in the business of offering dating, matrimonial, or social referral services online, where the services are offered primarily online, such as by means of an Internet Web site or a mobile application. See California Civil Code 1694
• Open-end credit: A credit agreement (typically a credit card) that allows a customer to borrow against a preapproved credit line when purchasing goods and services. The borrower is only billed for the amount that is actually borrowed plus any interest due. (Also called a charge account or revolving credit.) ^{Source: OCC}
• Original district: means a school district as it existed before an action to reorganize pursuant to Section 35511 or before an action to lapse a school district pursuant to Section 35780. See California Education Code 35514
• Oversight: Committee review of the activities of a Federal agency or program.
• Owner: means the owner as shown on the last equalized assessment roll, except that the person entitled to be shown as owner on the current assessment roll shall be deemed the owner, and except that, where the property affected is subject to a recorded written agreement to buy, the purchaser under such agreement to buy shall be deemed the owner. See California Government Code 23231
• permanent employee: includes tenure in the classification in which the employee passed the required probationary period, and includes all of the incidents of that classification. See California Education Code 45101
• Person: includes any person, firm, association, organization, partnership, limited liability company, business trust, corporation, or company. See California Government Code 17
• personal property: include money, goods, chattels, things in action, and evidences of debt. See California Civil Code 14
• Personal property: includes money, goods, chattels, things in action, and evidences of debt. See California Code of Civil Procedure 17
• Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
• Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
• 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.
• Prime agricultural land: means any of the following:

  California Government Code 51201

• Principal county: means the county from which it is proposed that territory with the greatest proportion of assessed value, as shown on the last equalized assessment roll, relative to the total amount of taxable property within the boundaries of a proposed county, is to be transferred to create, in part, that proposed county. See California Government Code 23301
• Private bulk storage: means the storage of grain in storage facilities after sale of such grain by a seller. See California Civil Code 1880.1
• Probate: Proving a will
• Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
• 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
• property: includes property real and personal. See California Civil Code 14
• Recess: A temporary interruption of the legislative business.
• Reclassification: means the upgrading of a position to a higher classification as a result of the gradual increase of the duties being performed by the incumbent in such position. See California Education Code 45101
• Registrant: means any person registered or who has applied for registration under this chapter. See California Business and Professions Code 7590.1
• 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.
• Reorganized district: means a school district that is a "new district" an "acquiring district" or a "divided district. See California Education Code 35514
• 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.
• Revocable trust: A trust agreement that can be canceled, rescinded, revoked, or repealed by the grantor (person who establishes the trust).
• Right of rescission: Right to cancel, within three business days, a contract that uses the home of a person as collateral, except in the case of a first mortgage loan. There is no fee to the borrower, who receives a full refund of all fees paid. The right of rescission is guaranteed by the Truth in Lending Act (TILA). ^{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.
• San Joaquin Joint Powers Authority: means a joint exercise of powers agency formed under Chapter 5 (commencing with Section 6500) of Division 7 of Title 1 for purposes of assuming administrative responsibility for the San Joaquin Corridor under an interagency transfer agreement pursuant to Article 5 (commencing with Section 14070). See California Government Code 14074
• Secretary: means the Secretary of Veterans Affairs. See California Military and Veterans Code 1010
• Secretary: means the Secretary of Transportation. See California Government Code 14070
• Secretary: means the Secretary of the Business, Consumer Services, and Housing. See California Civil Code 1918.5
• Secretary: means the Secretary of Transportation. See California Government Code 14002.5
• Security document: means a mortgage contract, deed of trust, real estate sales contract, or any note or negotiable instrument issued in connection therewith, when its purpose is to finance the purchase or construction of real property occupied or intended to be occupied by the borrower, containing four or fewer residential units or on which four or fewer residential units are to be constructed. See California Civil Code 1918.5
• Seller: means a producer of grain who continues to store grain after sale thereof by him in storage facilities owned, operated, or controlled by him. See California Civil Code 1880.1
• Service of process: The service of writs or summonses to the appropriate party.
• Sheriff: includes marshal. See California Code of Civil Procedure 17
• spouse: includes a registered domestic partner, as required by §. See California Civil Code 14
• Spouse: includes "registered domestic partner" as required by §. See California Military and Veterans Code 19
• State: means the State of California, unless applied to the different parts of the United States. See California Education Code 77
• 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 agency: includes every state office, officer, department, division, bureau, board, and commission. See California Government Code 11000
• Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
• Storage facilities: means any bin, building, elevator, protected enclosure, or other structure owned, operated, or controlled by the seller of the grain stored therein. See California Civil Code 1880.1
• Subpoena: A command to a witness to appear and give testimony.
• 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 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
• Testify: Answer questions in court.
• 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.
• Transferring county: means the county from which territory is, or is proposed to be, transferred by reason of a county boundary change. See California Government Code 23231
• Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. ^{Source: OCC}
• Trustee: A person or institution holding and administering property in trust.
• Trustor: The person who makes or creates a trust. Also known as the grantor or settlor.
• Uninhabited territory: means territory where less than 12 persons who have been registered to vote within the territory for at least 54 days reside at the time of filing of a petition or resolution for county boundary change. See California Government Code 23231
• Uphold: The decision of an appellate court not to reverse a lower court decision.
• Usury: Charging an illegally high interest rate on a loan. ^{Source: OCC}
• Value of the uninhabited territory: means the value of land and improvements thereon. See California Government Code 23231
• Verdict: The decision of a petit jury or a judge.
• Veteran: means a person who is eligible for benefits under this chapter. See California Military and Veterans Code 1010
• war: shall mean : (a) whenever Congress has declared war and peace has not been formally restored. See California Military and Veterans Code 18
• 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: includes printing and typewriting. See California Code of Civil Procedure 17