Terms Used In California Codes > Code of Civil Procedure > Part 2 > Title 6.5 > Chapter 9 - Undertakings

• Abandoned excavation: means any abandoned mining shaft, pit, well, septic tank, cesspool, or other abandoned excavation dangerous to persons legally on the premises where the abandoned excavation is located or to minors under the age of 12 years. See California Government Code 50230
• Acquittal:
  1. Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
  2. A verdict of "not guilty."
   
• Action: includes a civil action and a criminal action. See California Evidence Code 105
• Advertisement: means any written or printed communication, including a directory listing, except a free telephone directory listing that does not allow space for a license number. See California Business and Professions Code 7500.1
• Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
• 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.
• Airport: means any area of land or water designed and set aside for the landing and taking off of aircraft and utilized or to be utilized in the interest of the public for such purposes. See California Government Code 50485.1
• Airport hazard: means any structure or tree or use of land which obstructs the airspace required for the flight of aircraft in landing or taking off at an airport or is otherwise hazardous to such landing or taking off of aircraft. See California Government Code 50485.1
• Airport hazard area: means any area of land or water upon which an airport hazard might be established if not prevented as provided in this article. See California Government Code 50485.1
• 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.
• 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.
• Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
• Approved: as used in this article , means the approval of the legislative body of the local agency, as the result of investigation and tests conducted by such agency or by reason of the accepted principles or tests by recognized national or state authorities, technical, or scientific organizations. See California Government Code 50022.1
• Arrest: Taking physical custody of a person by lawful authority.
• Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
• 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.
• Board: means the Board of Trustees of the Health Professions Education Foundation. See California Health and Safety Code 128330
• Burden of producing evidence: means the obligation of a party to introduce evidence sufficient to avoid a ruling against him on the issue. See California Evidence Code 110
• Burden of proof: means the obligation of a party to establish by evidence a requisite degree of belief concerning a fact in the mind of the trier of fact or the court. See California Evidence Code 115
• Bureau: means the Bureau of Security and Investigative Services. See California Business and Professions Code 7500.1
• bureau: means the Bureau of Security and Investigative Services. See California Business and Professions Code 7512.4
• candidate: includes any officeholder who is subject to a recall election. See California Elections Code 305
• Case law: The law as laid down in cases that have been decided in the decisions of the courts.
• Caucus: From the Algonquian Indian language, a caucus meant "to meet together." An informal organization of members of the legislature that exists to discuss issues of mutual concern and possibly to perform legislative research and policy planning for its members. There are regional, political or ideological, ethnic, and economic-based caucuses.
• Chambers: A judge's office.
• Charity: An agency, institution, or organization in existence and operating for the benefit of an indefinite number of persons and conducted for educational, religious, scientific, medical, or other beneficent purposes.
• Chief: means the Chief of the Bureau of Security and Investigative Services. See California Business and Professions Code 7500.1
• chief: means the Chief of the Bureau of Security and Investigative Services. See California Business and Professions Code 7512.5
• City: includes "city and county" and "incorporated town" but does not include "unincorporated town" or "village. See California Government Code 20
• City: includes city and county. See California Business and Professions Code 18
• City or county: means any city, county, or city and county. See California Government Code 50485.1
• Civil action: includes civil proceedings. See California Evidence Code 120
• 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: means the clerk of a county or the legislative body thereof. See California Government Code 50270.5
• Code: as used in this article , means any statute, or any published compilation of rules, regulations or standards adopted by the federal government or the State of California, or by any agency of either of them. See California Government Code 50022.1
• Collateral: means any specific vehicle, trailer, boat, recreational vehicle, motor home, appliance, or other property that is subject to a security agreement. See California Business and Professions Code 7500.1
• Commission: means the Citizens Redistricting Commission in the County of Orange established pursuant to Section 21582. See California Elections Code 21580
• Commissioner: means any county agricultural commissioner. See California Food and Agricultural Code 26
• 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.
• Complaint: includes a cross-complaint. See California Code of Civil Procedure 587.5
• Conduct: includes all active and passive behavior, both verbal and nonverbal. See California Evidence Code 125
• Continuance: Putting off of a hearing ot trial until a later time.
• Council: means the California Health Workforce Education and Training Council. See California Health and Safety Code 128205
• Council: means the California Health Workforce Education and Training Council. See California Health and Safety Code 128330
• 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 Penal Code 7
• County: includes "city and county. See California Public Resources Code 14
• County: includes city and county. See California Financial Code 14
• County: includes city and county. See California Food and Agricultural Code 29
• Criminal action: includes criminal proceedings. See California Evidence Code 130
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Dangerous drugs: means any controlled substances as defined in Chapter 2 (commencing with Section 11053) of Division 10 of . See California Business and Professions Code 7500.1
• Deadly weapon: means and includes any instrument or weapon of the kind commonly known as a firearm. See California Business and Professions Code 7500.1
• Debtor: means any person obligated under a security agreement. See California Business and Professions Code 7500.1
• Decedent: A deceased person.
• Declarant: is a person who makes a statement. See California Evidence Code 135
• 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.
• Defendant: includes a cross-defendant. See California Code of Civil Procedure 587.5
• department: means the Department of Transportation. See California Public Resources Code 33910
• department: means State Department of Health Services. See California Health and Safety Code 20
• Department: means the Department of Health Care Access and Information. See California Health and Safety Code 128330
• Department: means the Department of Consumer Affairs. See California Business and Professions Code 7500.1
• Department: means the Department of Food and Agriculture. See California Food and Agricultural Code 32
• Dependent: A person dependent for support upon another.
• Dependent person: includes any person who is admitted as an inpatient to a 24-hour health facility, as defined in Sections 1250, 1250. See California Evidence Code 177
• Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
• direct evidence: means evidence that directly proves a fact, without an inference or presumption, and which in itself, if true, conclusively establishes that fact. See California Evidence Code 410
• Director: means "State Director of Health Services. See California Health and Safety Code 21
• Director: means the Director of the Department of Health Care Access and Information. See California Health and Safety Code 128330
• Director: means the Director of Consumer Affairs. See California Business and Professions Code 7500.1
• director: means the Director of Consumer Affairs, unless the context indicates otherwise. See California Business and Professions Code 7512.1
• 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
• 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 habitat maintenance assessment district formed pursuant to this article. See California Government Code 50060
• Donor: The person who makes a gift.
• 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
• Elections official: means any of the following:

  California Elections Code 320

• 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
• Electrolysis: as used in this chapter includes electrolysis or thermolysis. See California Business and Professions Code 7316
• Electronic format: includes , but is not limited to, a text message, email, or internet posting. See California Business and Professions Code 7500.1
• 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 7512.11
• 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 7512.10 v2
• 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}
• Evidence: means testimony, writings, material objects, or other things presented to the senses that are offered to prove the existence or nonexistence of a fact. See California Evidence Code 140
• Ex officio: Literally, by virtue of one's office.
• Executive session: A portion of the Senate's daily session in which it considers executive business.
• Executor: A male person named in a will to carry out the decedent
• expert: means a physician and surgeon, including a psychiatrist, or any person described by subdivision (b), (c), or (e) of Section 1010. See California Evidence Code 240
• Family physician: means a primary care physician and surgeon who is prepared to and renders continued comprehensive and preventative health care services to individuals and families and who has received specialized training in an approved family medicine residency for three years after graduation from an accredited medical school. See California Health and Safety Code 128205
• Fire suppression: includes firefighting and fire prevention including, but not limited to, vegetation removal or management undertaken, in whole or in part, for the reduction of a fire hazard. See California Government Code 50078.1
• firearm: has the meaning provided in subdivision (a) of Section 16520. See California Penal Code 12001
• 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}
• Foundation: means the Health Professions Education Foundation. See California Health and Safety Code 128330
• 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
• General election: means either of the following:

  California Elections Code 324

• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• Graduate medical education: means residency programs for education or training in one or more specialties or subspecialties following graduation from medical school. See California Health and Safety Code 128205
• Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
• Grantor: The person who establishes a trust and places property into it.
• Guarantor: A party who agrees to be responsible for the payment of another party's debts should that party default. ^{Source: OCC}
• Habeas corpus: A writ that is usually used to bring a prisoner before the court to determine the legality of his imprisonment. It may also be used to bring a person in custody before the court to give testimony, or to be prosecuted.
• Health hazard: means any personal effects that if retained would produce an unsanitary or unhealthful condition, or which might damage other personal effects. See California Business and Professions Code 7500.1
• health professionals: means physicians and surgeons licensed pursuant to Chapter 5 (commencing with Section 2000) of Division 2 of . See California Health and Safety Code 128330
• Health professions education and training: means any formal organized education or training undertaken for the purpose of gaining knowledge and skills necessary to practice a specific health profession or to provide a role in a health care setting. See California Health and Safety Code 128205
• hearing: means the hearing at which a question under this code arises, and not some earlier or later hearing. See California Evidence Code 145
• Hearsay: Statements by a witness who did not see or hear the incident in question but heard about it from someone else. Hearsay is usually not admissible as evidence in court.
• Improvement: means one or any combination of the following:

  California Government Code 50060

• improvements: means any or all of the following property acquired, constructed or installed by a local agency with funds derived from special assessments under the Improvement Act of 1911 (Division 7 (commencing at Section 5000), Streets and Highways Code) or any other law:

  California Government Code 50550

• In forma pauperis: In the manner of a pauper. Permission given to a person to sue without payment of court fees on claim of indigence or poverty.
• Incidental expenses: include all of the following:

  California Government Code 50060

• 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.
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Inspector: means the supervisor of the precinct board of which he or she is a member. See California Elections Code 325
• 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}
• Irrevocable trust: A trust arrangement that cannot be revoked, rescinded, or repealed by the grantor.
• 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.
• Juror: A person who is on the jury.
• Law: includes constitutional, statutory, and decisional law. See California Evidence Code 160
• Legal owner: means a person holding any of the following:

  California Business and Professions Code 7500.1

• Legislative body: as used in this division , means board of supervisors in the case of a county or city and county, and city council or board of trustees in the case of a city, unless the context otherwise requires. See California Government Code 50002
• Legislative body: means the city council, board of supervisors, or any other governing body of a local agency. See California Government Code 50060
• Legislative body: means the board of directors, trustees, governors, or any other governing body of a local agency specified in subdivision (b). See California Government Code 50078.1
• Legislative body: means the legislative body of a local agency. See California Government Code 50230
• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• Licensee: means an individual, partnership, limited liability company, or corporation licensed under this chapter as a repossession agency. See California Business and Professions Code 7500.1
• licensee: means a person licensed under this chapter. See California Business and Professions Code 7512.6
• Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• Local agency: as used in this division means county, city, or city and county, unless the context otherwise requires. See California Government Code 50001
• Local agency: means any city, county, or city and county, whether general law or chartered. See California Government Code 50060
• Local agency: means any county, city, city and county, including a charter city or county, or any special district. See California Government Code 50075.5
• Local agency: means any city, county, or city and county, whether general law or chartered, or special district, including a county service area created pursuant to the County Service Area Law (Chapter 2. See California Government Code 50078.1
• Local agency: means a city, a city and county, or a county. See California Government Code 50230
• maintenance: means the furnishing of services and materials for the ordinary and usual maintenance, operation, and servicing of any improvement, including, but not limited to, all of the following:

  California Government Code 50060

• 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 7512.15
• Measure: means any constitutional amendment or other proposition submitted to a popular vote at any election. See California Elections Code 329
• member: means an individual who is a member of a limited liability company as specified in §. See California Business and Professions Code 7512.14
• 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

• Mistrial: An invalid trial, caused by fundamental error. When a mistrial is declared, the trial must start again from the selection of the jury.
• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• Mortgagor: The person who pledges property to a creditor as collateral for a loan and who receives the money.
• Multiple licensee: means a repossession agency holding more than one repossession license under this chapter, with one fictitious trade style and ownership, conducting repossession business from additional licensed locations other than the location shown on the original license. See California Business and Professions Code 7500.1
• National Credit Union Administration: The federal regulatory agency that charters and supervises federal credit unions. (NCUA also administers the National Credit Union Share Insurance Fund, which insures the deposits of federal credit unions.) ^{Source: OCC}
• 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 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
• Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
• Nominate: means the selection, at a state-conducted primary election, of candidates who are entitled by law to participate in the general election for that office, but does not mean any other lawful mechanism that a political party may adopt for the purposes of choosing the candidate who is preferred by the party for a nonpartisan or voter-nominated office. See California Elections Code 332.5
• 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 an affirmation or declaration. See California Code of Civil Procedure 17
• Oath: includes affirmation. See California Elections Code 335
• Oath: includes affirmation or declaration under penalty of perjury. See California Evidence Code 165
• 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.
• Original: means the writing itself or any counterpart intended to have the same effect by a person executing or issuing it. See California Evidence Code 255
• 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 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 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 Penal Code 7
• Person: includes a natural person, firm, association, organization, partnership, business trust, corporation, limited liability company, or public entity. See California Evidence Code 175
• person: as used in this article in reference to a person liable to pay a charge includes districts formed for the purpose of constructing or maintaining sewers. See California Government Code 50142
• Person: means any individual, firm, copartnership, corporation, company, association, joint stock association, city or county, or district, and includes any trustee, receiver, or assignee. See California Government Code 50485.1
• Person: includes any individual, partnership, limited liability company, or corporation. See California Business and Professions Code 7500.1
• Person: includes any person, firm, partnership, association, corporation, company, limited liability company, syndicate, estate, trust, business trust, or organization of any kind. See California Financial Code 18
• Person: means any individual, partnership, association, corporation, limited liability company, or any organized group of persons whether incorporated or not. See California Food and Agricultural Code 38
• person: includes any individual, firm, company, limited liability company, association, organization, partnership, and corporation. See California Business and Professions Code 7512.3
• Personal effects: means any property that is not the property of the legal owner and is not listed on the repossession assignment. See California Business and Professions Code 7500.1
• Personal property: All property that is not real property.
• Plaintiff: includes a cross-complainant. See California Code of Civil Procedure 587.5
• 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.
• 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
• Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
• Precinct: means a geographical area within a county that is made up of voters and is formed pursuant to Chapter 3 (commencing with Section 12200) of Division 12. See California Elections Code 338.6
• precinct board: means the board appointed by the elections official to serve at a vote center. See California Elections Code 339
• Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
• Primary care physician: means a physician who is prepared to and renders continued comprehensive and preventative health care services, and has received specialized training in the areas of internal medicine, obstetrics and gynecology, or pediatrics. See California Health and Safety Code 128205
• Primary code: as used in this article , means any code which is directly adopted by reference, in whole or in part, by any ordinance passed pursuant to this article. See California Government Code 50022.1
• Primary election: includes all primary nominating elections provided for by this code. See California Elections Code 341
• Private building: means and includes any dwelling, outbuilding, or other enclosed structure. See California Business and Professions Code 7500.1
• 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
• Programs that train midwives: means programs that train certified nurse-midwives and programs that train licensed midwives, as those terms are defined in Section 128297. See California Health and Safety Code 128205
• Programs that train postgraduate primary care nurse practitioners: means a program that provides postgraduate fellowships for clinical training in primary care. See California Health and Safety Code 128205
• Programs that train primary care nurse practitioners: means a program that is operated by a California school of medicine or nursing, or that is authorized by the Regents of the University of California or by the Trustees of the California State University, or that is approved by the Board of Registered Nursing. See California Health and Safety Code 128205
• Programs that train registered nurses: means a program that is operated by a California school of nursing and approved by the Board of Registered Nursing, or that is authorized by the Regents of the University of California, the Trustees of the California State University, or the Board of Governors of the California Community Colleges, and that is approved by the Board of Registered Nursing. See California Health and Safety Code 128205
• 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 both real and personal property. See California Evidence Code 185
• Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
• Public entity: includes a nation, state, county, city and county, city, district, public authority, public agency, or any other political subdivision or public corporation, whether foreign or domestic. See California Evidence Code 200
• public square: means any area or open space showing on a map or plat of a city, town, or village which has been filed or recorded in the office of the county clerk or county recorder of any county for more than fifty years and which is designated on the map or plat as a "square" or by other similar designation when no other words or insignia appear upon the map or plat showing the purposes for which the square may have been dedicated and when no deed, offer of dedication or other instrument appears of record in the office of the county recorder showing or indicating the purposes for which the same may have been dedicated. See California Government Code 50530
• Published: as used in this article , means issued in printed, lithographed, multigraphed, mimeographed or similar form. See California Government Code 50022.1
• qualified manager: means the individual under whose direction, control, charge, or management the business of a licensee is operated as specified in Section 7536. See California Business and Professions Code 7512.7
• qualified manager: is a person who possesses a valid qualification certificate in accordance with the provisions of Article 5 (commencing with Section 7504) and is in active control or management of, and who is a director of, the licensee's place of business. See California Business and Professions Code 7500.1
• Quorum: The number of legislators that must be present to do business.
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• Real property: as used in this article is coextensive with lands, tenements, and hereditaments and includes land, any interest or estate in land, and any servitude upon land. See California Government Code 50301
• 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}
• Registered owner: means the individual listed in the records of the Department of Motor Vehicles, on a conditional sales contract, or on an assignment or a repossession order, as the registered owner. See California Business and Professions Code 7500.1
• Registrant: means a person registered under this chapter. See California Business and Professions Code 7500.1
• Regular election: is a n election, the specific time for the holding of which is prescribed by law. See California Elections Code 348
• Relevant evidence: means evidence, including evidence relevant to the credibility of a witness or hearsay declarant, having any tendency in reason to prove or disprove any disputed fact that is of consequence to the determination of the action. See California Evidence Code 210
• Remand: When an appellate court sends a case back to a lower court for further proceedings.
• 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 who shall print the paper cast vote record to be submitted to the elections official. See California Elections Code 303.3
• 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).
• Repossession: means any of the following:

  California Business and Professions Code 7500.1

• repossession order: means any written authorization by the legal owner, lienholder, lessor, lessee, or registered owner, or the agent of any of them, to skip trace, locate, or repossess any collateral, including, but not limited to, collateral registered under the Vehicle Code that is subject to a security agreement that contains a repossession clause. See California Business and Professions Code 7500.1
• Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
• Revocable trust: A trust agreement that can be canceled, rescinded, revoked, or repealed by the grantor (person who establishes the trust).
• Roster: means the official list of voters for an election, which may be in paper or electronic form. See California Elections Code 349.5
• School measure: means any proposition, including but not limited to, a proposal for the issuance of bonds by a school district or community college district, an increase in the maximum tax rate of a school district or community college district, or the acceptance, expenditure, and repayment of state funds by a school district or community college district to enable the district to construct buildings and other facilities, submitted to the voters of the district at any election held in the district. See California Elections Code 350
• Secondary code: as used in this article , means any code which is incorporated by reference, directly or indirectly, in whole or in part, in any primary code or in any secondary code. See California Government Code 50022.1
• Secretary: means the Secretary of Food and Agriculture. See California Food and Agricultural Code 35
• Secured area: means and includes any fenced and locked area. See California Business and Professions Code 7500.1
• Security agreement: means an obligation, pledge, mortgage, chattel mortgage, lease agreement, deposit, or lien, given by a debtor as security for payment or performance of a debt, by furnishing the creditor with a recourse to be used in case of failure in the principal obligation. See California Business and Professions Code 7500.1
• Sell: includes offer for sale, expose for sale, possess for sale, exchange, barter, or trade. See California Food and Agricultural Code 44
• Service of process: The service of writs or summonses to the appropriate party.
• Services: means any duty or labor to be rendered by one person for another. See California Business and Professions Code 7500.1
• 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.
• Signature: includes either of the following:

  California Elections Code 354.5

• Signature stamp: means a stamp that contains the impression of any of the following:

  California Elections Code 354.5

• 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 district: means an agency of the state, formed pursuant to general law or a special act, for the performance of governmental or proprietary functions, with limited geographic boundaries, including, but not limited to, a school district and a community college district. See California Government Code 50075.5
• Special election: is a n election, the specific time for the holding of which is not prescribed by law. See California Elections Code 356
• Spouse: includes "registered domestic partner" as required by §. See California Elections Code 356.5
• Spouse: includes "registered domestic partner" as required by §. See California Evidence Code 215
• Spouse: includes "registered domestic partner" as required by §. See California Government Code 12.2
• State: means the State of California, unless applied to the different parts of the United States. See California Government Code 18
• State: means the State of California, unless applied to the different parts of the United States. See California 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: when applied to the different parts of the United States, includes the District of Columbia and the territories, and the words "United States" may include the district and territories. See California Penal Code 7
• State: means the State of California, unless applied to the different parts of the United States. See California Evidence Code 220
• state agency: includes every state office, officer, department, division, bureau, board, and commission. See California Government Code 11000
• Statement: means (a) oral or written verbal expression or (b) nonverbal conduct of a person intended by him as a substitute for oral or written verbal expression. See California Evidence Code 225
• Statewide election: is a n election held throughout the state. See California Elections Code 357
• Statute: A law passed by a legislature.
• Statute: includes a treaty and a constitutional provision. See California Evidence Code 230
• Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
• Structure: means any object constructed or installed by man, including, but without limitation, buildings, towers, smokestacks, and overhead lines. See California Government Code 50485.1
• 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.
• Superintendent: means street superintendent, his assistants and deputies, or other public officer designated by the legislative body to perform the duties imposed by this article upon the superintendent. See California Government Code 50230
• 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.
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Town: includes "unincorporated town" and "village. See California Government Code 21
• Tree: means any object of natural growth. See California Government Code 50485.1
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• Trier of fact: includes (a) the jury and (b) the court when the court is trying an issue of fact other than one relating to the admissibility of evidence. See California Evidence Code 235
• Trust 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.
• Underrepresented groups: means populations that are underrepresented in medicine, dentistry, nursing, or other health professions as determined by the department. See California Health and Safety Code 128330
• Venue: The geographical location in which a case is tried.
• Verdict: The decision of a petit jury or a judge.
• Violent act: means any act that results in bodily harm or injury to any party involved during the repossession up until the time the repossessor is back in their vehicle. See California Business and Professions Code 7500.1
• Vote center: means a location established for holding elections that offers the services described in Sections 2170 and 4005. See California Elections Code 357.5
• Voter: means any elector who is registered under this code. See California Elections Code 359
• 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 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
• Writ: A formal written command, issued from the court, requiring the performance of a specific act.
• Writ: means an order or precept in writing, issued in the name of the people, or of a court or judicial officer. See California Code of Civil Procedure 17
• Writing: means handwriting, typewriting, printing, photostating, photographing, photocopying, transmitting by electronic mail or facsimile, and every other means of recording upon any tangible thing, any form of communication or representation, including letters, words, pictures, sounds, or symbols, or combinations thereof, and any record thereby created, regardless of the manner in which the record has been stored. See California Evidence Code 250
• Writing: includes any form of recorded message capable of comprehension by ordinary visual means. See California Financial Code 8