Chapter 1 General Provisions
Chapter 2 Married Person
Chapter 3 Disability of Party
Chapter 4 Effect of Death
Chapter 5 Permissive Joinder
Chapter 6 Interpleader
Chapter 7 Intervention
Chapter 8 Compulsory Joinder

Terms Used In California Codes > Code of Civil Procedure > Part 2 > Title 3 - OF THE PARTIES TO CIVIL ACTIONS

  • 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
  • Affected county: means a county in which any land of the district or agency is situated. See California Elections Code 10500
  • agency: means any district or agency of the type designated by and formed pursuant to the provisions of any principal act that incorporates this part. See California Elections Code 10500
  • Associate: when used with respect to a licensee, means all of the following:

    California Corporations Code 28820

  • At-large method of election: means any of the following methods of electing members to the governing body of a political subdivision:

    California Elections Code 14026

  • ballot: means any of the following:

    California Elections Code 301

  • 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 on demand system: means a self-contained system that allows users to do both of the following on an as-needed basis:

    California Elections Code 303.4

  • Benefit corporation: means a corporation organized under the General Corporation Law that has elected to become subject to this part and whose status as a benefit corporation has not been terminated as provided in this part. See California Corporations Code 14601
  • Benefit enforcement proceeding: means a claim or action relating to any of the following:

    California Corporations Code 14601

  • Board: means the Board of Supervisors of the County of Los Angeles. See California Elections Code 21530
  • Board: means the Board of Supervisors of the County of San Diego. See California Elections Code 21550
  • Board: means the State Public Works Board. See California Government Code 15802
  • Branch office: means any additional physical location, other than the principal place of business of a licensee, where any locksmith service is provided. See California Business and Professions Code 6980
  • Bureau: means the Bureau of Security and Investigative Services. See California Business and Professions Code 6980
  • Campaign advertising or communication: means a communication authorized by a candidate or a candidate's controlled committee, as defined in §. See California Elections Code 304
  • candidate: includes any officeholder who is subject to a recall election. See California Elections Code 305
  • Capitol area: includes both of the following:

    California Government Code 8160.1

  • Central city: means that area of the City of Sacramento bounded on the north by the American River, on the west by the Sacramento River, and on the south and east by Interstate Highway 80. See California Government Code 8160.1
  • Chief: means the Chief of the Bureau of Security and Investigative Services. See California Business and Professions Code 6980
  • City: includes incorporated city, city and county, municipal corporation, municipality, town and incorporated town. See California Financial Code 13
  • City: includes "city and county" and "incorporated town" but does not include "unincorporated town" or "village. See California Government Code 20
  • Civil engineer: as used in this chapter means a professional engineer in the branch of civil engineering and refers to one who practices or offers to practice civil engineering in any of its phases. See California Business and Professions Code 6702
  • 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
  • Clerk of the Board of Supervisors: means the Clerk of the Board of Supervisors of the County of San Diego. See California Elections Code 21550
  • 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 Citizens Redistricting Commission in the County of Los Angeles established pursuant to Section 21532. See California Elections Code 21530
  • Commission: means the Independent Redistricting Commission established by subdivision (b). See California Elections Code 21550
  • Commission: means the Educational Innovation and Planning Commission. See California Education Code 33509
  • commission: means the Instructional Quality Commission. See California Education Code 33539
  • commission: means the Educational Management and Evaluation Commission. See California Education Code 33556
  • commission: means the Advisory Commission on Special Education. See California Education Code 33596
  • Construction: includes the extension, enlargement, repair, renovation, restoration, improvement, furnishing, and equipping of any public building. See California Government Code 15802
  • contestant: means any person initiating an election contest. See California Elections Code 16002
  • 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
  • County: includes city and county. See California Business and Professions Code 17
  • County: includes "city and county. See California Corporations Code 14
  • County: includes city and county. See California Financial Code 14
  • County: includes city and county. See California Government Code 19
  • County office: means the office filled by any county officer. See California Elections Code 313
  • Defect: means any flaw in the hardware or documentation of a remote accessible vote by mail 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 19284
  • 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
  • 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 General Services. See California Government Code 8160.1
  • Department: means the Department of Food and Agriculture. See California Food and Agricultural Code 32
  • Department: means the Department of Consumer Affairs. See California Business and Professions Code 6980
  • Director: means a member of the governing body. See California Elections Code 10500
  • Director: means the Director of General Services. See California Government Code 8160.1
  • Director: means the Director of the Department of Consumer Affairs. See California Business and Professions Code 6980
  • 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
  • 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
  • District-based elections: means a method of electing members to the governing body of a political subdivision in which the candidate must reside within an election district that is a divisible part of the political subdivision and is elected only by voters residing within that election district. See California Elections Code 14026
  • 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
  • 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
  • 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
  • election management system: is a system that is used by a county in the state to track voter registration or voter preferences, including, for example, a voter's vote-by-mail status. See California Elections Code 2500
  • Elections official: means any of the following:

    California Elections Code 320

  • Elective office: means any office that may, under the principal act of the district or agency, be filled by way of an election. See California Elections Code 10500
  • Elective officer: means "elective officer" as defined by the principal act of each district or agency or if not defined, any officer of a district or agency holding an office that can be filled by election. See California Elections Code 10500
  • 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 transmission by the corporation: means a communication (a) delivered by (1) facsimile telecommunication or electronic mail when directed to the facsimile number or electronic mail address, respectively, for that recipient on record with the corporation, (2) posting on an electronic message board or network which the corporation has designated for those communications, together with a separate notice to the recipient of the posting, which transmission shall be validly delivered upon the later of the posting or delivery of the separate notice thereof, or (3) other means of electronic communication, (b) to a recipient who has provided an unrevoked consent to the use of those means of transmission for communications under or pursuant to this code, and (c) that creates a record that is capable of retention, retrieval, and review, and that may thereafter be rendered into clearly legible tangible form. See California Corporations Code 20
  • Electronic transmission to the corporation: means a communication (a) delivered by (1) facsimile telecommunication or electronic mail when directed to the facsimile number or electronic mail address, respectively, which the corporation has provided from time to time to shareholders or members and directors for sending communications to the corporation, (2) posting on an electronic message board or network which the corporation has designated for those communications, and which transmission shall be validly delivered upon the posting, or (3) other means of electronic communication, (b) as to which the corporation has placed in effect reasonable measures to verify that the sender is the shareholder or member (in person or by proxy) or director purporting to send the transmission, and (c) that creates a record that is capable of retention, retrieval, and review, and that may thereafter be rendered into clearly legible tangible form. See California Corporations Code 21
  • 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 6980
  • 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 6980
  • 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
  • Failure: means a discrepancy between the external results of the operation of any software or firmware in a remote accessible vote by mail system and the manufacturer's product requirements for that software or firmware or applicable law. See California Elections Code 19284
  • Fault: means a step, process, or data definition in any software or firmware in a ballot marking system that is incorrect under the manufacturer's program specification or applicable law. See California Elections Code 19284
  • 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
  • Funded debt: as used in this chapter , means all interest-bearing indebtedness of a corporation not maturing within one year of the date the indebtedness was incurred. See California Financial Code 800
  • General district election: means an election held pursuant to the provisions of this part. See California Elections Code 10500
  • General election: means either of the following:

    California Elections Code 324

  • General public benefit: means a material positive impact on society and the environment, taken as a whole, as assessed against a third-party standard, from the business and operations of a benefit corporation. See California Corporations Code 14601
  • Governing body: means the board of directors of a district or agency or the board or body which governs the activities of the district or agency. See California Elections Code 10500
  • Immediate family member: means a spouse, child, in-law, parent, or sibling. See California Elections Code 21530
  • Immediate family member: means a spouse, child, in-law, parent, or sibling. See California Elections Code 21550
  • Inspector: means the supervisor of the precinct board of which he or she is a member. See California Elections Code 325
  • Judicial office: means the office filled by any judicial officer. See California Elections Code 326
  • Landowner voting district: means a district whose principal act requires an elector to be an owner of land located within the district. See California Elections Code 10500
  • 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, or corporation, licensed under this chapter. See California Business and Professions Code 6980
  • Local election: is a municipal, county, or district election. See California Elections Code 328
  • Lock: means any mechanical, electromechanical, electronic, or electromagnetic device, or similar device, including any peripheral hardware, that is designed to control access from one area to another, or that is designed to control the use of a device, including, but not limited to, a safe, vault, or safe deposit box. See California Business and Professions Code 6980
  • Locksmith: means any person who, for any consideration or compensation whatsoever, engages, directly or indirectly and as a primary or secondary object, in the business of rekeying, installing, repairing, opening, modifying locks, or who originates keys for locks, including, but not limited to, electronic cloning of transponder keys and any other electronic programming of automotive keys and electronic operating devices, such as key fobs, door and ignition key devices, and successive electronic and other high-security key technology. See California Business and Professions Code 6980
  • Measure: means any constitutional amendment or other proposition submitted to a popular vote at any election. See California Elections Code 329
  • Mechanical engineer: as used in this chapter means a professional engineer in the branch of mechanical engineering and refers to one who practices or offers to practice mechanical engineering in any of its phases. See California Business and Professions Code 6702.2
  • Membership certificate: as used in this part , means a document evidencing a proprietary interest in a corporation. See California Corporations Code 12240
  • Metropolitan area: means the greater metropolitan Sacramento area, including the City of Sacramento, the County of Sacramento, and the eastern part of Yolo County. See California Government Code 8160.1
  • Military or overseas voter: means an elector absent from the county in which he or she is otherwise eligible to vote who is any of the following:

    California Elections Code 300

  • Minimum status vote: means that:

    California Corporations Code 14601

  • Municipal election: means elections in general law cities and where applicable in chartered cities. See California Elections Code 330
  • New citizen: means any person who meets all requirements of an elector of, and has established residency in, the state, except that he or she will become a United States citizen after the 15th day prior to an election. See California Elections Code 331
  • 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
  • New resident: means a person who meets all requirements of an elector of the State of California except that his or her residency was established subsequent to the 15th day prior to the election. See California Elections Code 332
  • 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
  • Nonpartisan office: means an office, except for a voter-nominated office, for which no party may nominate a candidate. See California Elections Code 334
  • Oath: includes affirmation. See California Business and Professions Code 20
  • Oath: includes affirmation. See California Elections Code 335
  • Oath: includes affirmation. See California Government Code 15
  • 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
  • Out-of-state emergency worker: means a voter who is officially engaged in responding to the proclamation of an out-of-state emergency and whose vocation has been identified in an executive order relating to the state of emergency. See California Elections Code 336.7
  • Party: means a political party or organization that has qualified for participation in any primary or presidential general election. See California Elections Code 338
  • Person: includes a corporation as well as a natural person. See California Code of Civil Procedure 17
  • Person: includes a corporation as well as a natural person. See California Corporations Code 18
  • 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: includes any person, firm, association, organization, partnership, limited liability company, business trust, corporation, or company. See California Government Code 17
  • Person: means any individual, firm, company, association, organization, partnership, or corporation. See California Business and Professions Code 6980
  • Personal property: includes money, goods, chattels, things in action, and evidences of debt. See California Code of Civil Procedure 17
  • Political subdivision: means a geographic area of representation created for the provision of government services, including, but not limited to, a general law city, general law county, charter city, charter county, charter city and county, school district, community college district, or other district organized pursuant to state law. See California Elections Code 14026
  • Political subdivision: means a geographic area of representation created for the provision of government services, including, but not limited to, a city, a school district, a community college district, or other district organized pursuant to state law. See California Elections Code 14051
  • 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
  • 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
  • Primary election: includes all primary nominating elections provided for by this code. See California Elections Code 341
  • Principal act: means the law providing for the creation of a particular district or agency or type of district or agency. See California Elections Code 10500
  • Process: signifies a writ or summons issued in the course of a judicial proceeding. See California Code of Civil Procedure 17
  • 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
  • Property: includes both personal and real property. See California Code of Civil Procedure 17
  • Protected class: means a class of voters who are members of a race, color, or language minority group, as this class is referenced and defined in the federal Voting Rights Act of 1965 (52 U. See California Elections Code 14026
  • 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
  • Racially polarized voting: means voting in which there is a difference, as defined in case law regarding enforcement of the federal Voting Rights Act of 1965 (52 U. See California Elections Code 14026
  • Regular election: is a n election, the specific time for the holding of which is prescribed by law. See California Elections Code 348
  • Remote accessible vote by mail system: means a mechanical, electromechanical, or electronic system and its software that is used for the sole purpose of marking an electronic vote by mail ballot for a voter with disabilities or a military or overseas voter who shall print the paper cast vote record to be submitted to the elections official. See California Elections Code 303.3
  • Reorganized district: means a school district that is a "new district" an "acquiring district" or a "divided district. See California Education Code 35514
  • Resident voting district: means any district other than a landowner voting district. See California Elections Code 10500
  • Roster: means the official list of voters for an election, which may be in paper or electronic form. See California Elections Code 349.5
  • Secretary: means the secretary of the governing body or a person designated by him or her to perform a duty of the secretary. See California Elections Code 10500
  • 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
  • Signature stamp: means a stamp that contains the impression of any of the following:

    California Elections Code 354.5

  • Significant decrease in voter turnout: means the voter turnout for a regularly scheduled election in a political subdivision is at least 25 percent less than the average voter turnout within that political subdivision for the previous four statewide general elections. See California Elections Code 14051
  • 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
  • Special election: is a n election, the specific time for the holding of which is not prescribed by law. See California Elections Code 356
  • Specific public benefit: includes all of the following:

    California Corporations Code 14601

  • 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 Corporations Code 12.2
  • 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 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 Government Code 18
  • State: means the State of California, unless applied to the different parts of the United States. See California Education Code 77
  • state agency: includes every state office, officer, department, division, bureau, board, and commission. See California Government Code 11000
  • State plan: means the plan for the use of Title IV funds as approved by the State Board of Education. See California Education Code 33509
  • Statewide election: is a n election held throughout the state. See California Elections Code 357
  • Subdivision: means a subdivision of the section in which the term occurs unless some other section is expressly mentioned. See California Government Code 10
  • Supervising authority: means the board of supervisors of the county in which is situated all or most of the land of a district. See California Elections Code 10500
  • Third-party standard: means a standard for defining, reporting, and assessing overall corporate social and environmental performance to which all of the following apply:

    California Corporations Code 14601

  • Title IV: means Title IV, Parts A, B, C, and D of the Educational Amendments of 1978 (Public Law 95-561) as amended. See California Education Code 33509
  • 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
  • Vote center: means a location established for holding elections that offers the services described in Sections 2170, 4005, and 4007. 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 a voter or elector as respectively defined in the principal act of each district or agency. See California Elections Code 10500
  • 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 turnout: means the percentage of voters who are eligible to cast ballots within a given political subdivision who voted. See California Elections Code 14051
  • 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 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
  • Will: includes codicil. See California Code of Civil Procedure 17
  • Writing: includes printing and typewriting. See California Code of Civil Procedure 17