Terms Used In California Codes > Code of Civil Procedure > Part 2 > Title 8 > Chapter 7 - Provisions Relating to Trials in General

• 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
• 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.
• Affiliate: means a person that, directly or indirectly, owns at least 10 but less than 50 percent of the financial guaranty insurance corporation or that is at least 10 percent but less than 50 percent, directly or indirectly, owned by a financial guaranty insurance corporation. See California Insurance Code 12100
• Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
• Alarm agent: means a person employed by an alarm company operator whose duties, being physically conducted within the state, include selling on premises, altering, installing, maintaining, moving, repairing, replacing, servicing, responding, or monitoring an alarm system, and those ancillary devices connected to and controlled by the alarm system, including supplementary smoke detectors, or a person who manages or supervises a person employed by an alarm company to perform any of the duties described in this subdivision or any person in training for any of the duties described in this subdivision. See California Business and Professions Code 7590.1
• Alarm system: means an assembly of equipment and devices arranged to detect a hazard or signal the presence of an off-normal situation. See California Business and Professions Code 7590.1
• Anniversary date: means the anniversary of the date on which zoning is established pursuant to Section 51112 or 51113 takes effect. See California Government Code 51104
• 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: means acceptable to the department. See California Health and Safety Code 17920
• Asset-backed securities: means either of the following:

  California Insurance Code 12100

• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
• Average annual debt service: means the amount of insured unpaid principal and interest on an obligation multiplied by the number of the insured obligations (assuming that each obligation represents a $1,000 par value), divided by the amount equal to the aggregate life of all of those obligations. See California Insurance Code 12100
• axle: is a structure or portion of a structure consisting of one or more shafts, spindles, or bearings in the same vertical transverse plane by means of which, in conjunction with wheels mounted on said shafts, spindles, or bearings, a portion of the weight of a vehicle and its load, if any, is continuously transmitted to the roadway when the vehicle is in motion. See California Vehicle Code 230
• 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.
• Board: means the board of supervisors of a county or city and county, whether general law or chartered, which establishes or proposes to establish a timberland production zone pursuant to this chapter. See California Government Code 51104
• Branch office: means any location, other than the principal place of business of the licensee, which is licensed as set forth in Article 11 (commencing with Section 7599. See California Business and Professions Code 7590.1
• Building: means a structure subject to this part. See California Health and Safety Code 17920
• Building standard: means building standard as defined in Section 18909. See California Health and Safety Code 17920
• bureau: means the Bureau of Security and Investigative Services. See California Business and Professions Code 7580.4
• Bureau: means the Bureau of Security and Investigative Services. See California Business and Professions Code 7590.1
• bus: is a ny vehicle, including a trailer bus, designed, used, or maintained for carrying more than 15 persons including the driver. See California Vehicle Code 233
• business: includes a proprietorship, partnership, corporation, and any other form of commercial enterprise. See California Vehicle Code 234
• camper: is a structure designed to be mounted upon a motor vehicle and to provide facilities for human habitation or camping purposes. See California Vehicle Code 243
• 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
• City: includes every city and city and county within this State. See California Vehicle Code 255
• City: includes "city and county. See California Insurance Code 15
• City: includes city and county. See California Business and Professions Code 18
• city: means the county or city having jurisdiction over the land. See California Government Code 51104
• Collateral: means any of the following:

  California Insurance Code 12100

• Commercial real estate: means income-producing real property other than residential property consisting of less than five units. See California Insurance Code 12100
• Commission: as used in this part , means the Commission of Housing and Community Development. See California Health and Safety Code 17003
• Commissioner: means the Insurance Commissioner of this State. See California Insurance Code 20
• 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.
• Compatible use: is a ny use which does not significantly detract from the use of the property for, or inhibit, growing and harvesting timber, and shall include, but not be limited to, any of the following, unless in a specific instance such a use would be contrary to the preceding definition of compatible use:

  California Government Code 51104

• Contiguous: means two or more parcels of land that are adjoining or neighboring or are sufficiently near to each other, as determined by the board or council, that they are manageable as a single forest unit. See California Government Code 51104
• Contingency reserve: means an additional liability reserve established to protect policyholders against the effects of adverse economic cycles or other unforeseen circumstances. See California Insurance Code 12100
• Continuance: Putting off of a hearing ot trial until a later time.
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• Council: means the city council of a city, whether general law or chartered, which establishes or proposes to establish a timberland production zone pursuant to this chapter. See California Government Code 51104
• County: includes city and county. See California Government Code 19
• County: includes city and county. See California Health and Safety Code 14
• County: includes every county and city and county within this State. See California Vehicle Code 270
• County: includes "city and county. See California Insurance Code 14
• County: includes city and county. See California Business and Professions Code 17
• County: includes "city and county. See California Code of Civil Procedure 17
• County: includes city and county. See California Food and Agricultural Code 29
• Credit default swap: means an agreement referencing credit derivative definitions published from time to time by the International Swap and Derivatives Association, Inc. See California Insurance Code 12100
• Deadly weapon: means and includes any instrument or weapon of the kind commonly known as a blackjack, slungshot, billy, sandclub, sandbag, or metal knuckles. See California Business and Professions Code 7590.1
• Department: as used in this part , means the Department of Housing and Community Development. See California Health and Safety Code 17004
• Department: means the Department of Consumer Affairs. See California Business and Professions Code 7590.1
• Department: means the Department of Housing and Community Development. See California Health and Safety Code 17920
• Department: means the Department of Food and Agriculture. See California Food and Agricultural Code 32
• director: means the Director of Consumer Affairs, unless the context indicates otherwise. See California Business and Professions Code 7580.1
• Director: means the Director of Consumer Affairs. See California Business and Professions Code 7590.1
• Director: means "State Director of Health Services. See California Health and Safety Code 21
• Domestic: means organized under the laws of this State, whether or not admitted. See California Insurance Code 26
• driver: is a person who drives or is in actual physical control of a vehicle. See California Vehicle Code 305
• Election: means any election including a primary that is provided for under this code. See California Elections Code 318
• Embezzlement: In most states, embezzlement is defined as theft/larceny of assets (money or property) by a person in a position of trust or responsibility over those assets. Embezzlement typically occurs in the employment and corporate settings. ^{Source: OCC}
• Employee: as used in this part , does not include any of the following:

  California Health and Safety Code 17005

• Employee: means an individual who works for an employer, is listed on the employer's payroll records, and is under the employer's direction and control. See California Business and Professions Code 7590.1
• Employee housing: as used in this part , means any portion of any housing accommodation, or property upon which a housing accommodation is located, if all of the following factors exist:

  California Health and Safety Code 17008

• employer: means a person who employs an individual for wages or salary, lists the individual on the employer's payroll records, and withholds all legally required deductions and contributions. See California Business and Professions Code 7580.8
• Employer: means a person who employs an individual for wages or salary, lists the individual on the employer's payroll records, and withholds all legally required deductions and contributions. See California Business and Professions Code 7590.1
• Employer-employee relationship: means an individual who works for another and where the individual's name appears on the payroll records of the employer. See California Business and Professions Code 7590.1
• Enforcement: means diligent effort to secure compliance, including review of plans and permit applications, response to complaints, citation of violations, and other legal process. See California Health and Safety Code 17920
• Enforcement agency: as used in this part , means the Department of Housing and Community Development, or any city, county, or city and county which has assumed responsibility for the enforcement of this part, pursuant to Section 17050. See California Health and Safety Code 17007
• Escrow: Money given to a third party to be held for payment until certain conditions are met.
• 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
• Excess spread: means , with respect to any insured issue of asset-backed securities, the excess of (A) the scheduled cashflow on the underlying assets that is reasonably projected to be available, over the term of the insured securities after payment of the expenses associated with the insured issue, to make debt service payments on the insured securities over (B) the scheduled debt service requirements on the insured securities, provided that this excess is held in the same manner as collateral is required to be held under subdivision (e). See California Insurance Code 12100
• 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.
• Federal Deposit Insurance Corporation: A government corporation that insures the deposits of all national and state banks that are members of the Federal Reserve System. ^{Source: OCC}
• Financial guaranty insurance: means a surety bond, an insurance policy or, when issued by an insurer, an indemnity contract and any guarantee similar to the foregoing types, under which loss is payable upon proof of occurrence of financial loss to an insured claimant, obligee, or indemnitee as a result of any of the following events:

  California Insurance Code 12100

• Financial guaranty insurance corporation: means an insurer transacting financial guaranty insurance. See California Insurance Code 12100
• Fire protection district: means any special district, or any other municipal or public corporation or district, which is authorized by law to provide fire protection and prevention services. See California Health and Safety Code 17920
• Foreign: means not organized under the laws of this State, whether or not admitted. See California Insurance Code 27
• franchise: is a written agreement between two or more persons having all of the following conditions:

  California Vehicle Code 331

• franchisee: is a ny person who, pursuant to a franchise, receives new motor vehicles subject to registration under this code, new off-highway motorcycles, as defined in Section 436, new all-terrain vehicles, as defined in Section 111, or new trailers subject to identification pursuant to Section 5014. See California Vehicle Code 331.1
• franchisor: is a ny person who manufactures, assembles, or distributes new motor vehicles subject to registration under this code, new off-highway motorcycles, as defined in Section 436, new all-terrain vehicles, as defined in Section 111, or new trailers subject to identification pursuant to Section 5014. See California Vehicle Code 331.2
• Fund: as used in this part , means the Employee Housing Regulation Fund established by Section 17036. See California Health and Safety Code 17008.7
• General public paratransit vehicle: means any motor vehicle designed for carrying no more than 24 persons and the driver, that provides local transportation to the general public, including transportation of pupils at or below the 12th-grade level to or from a public or private school or school activity, under the exclusive jurisdiction of a publicly owned and operated transit system through one of the following modes: dial-a-ride, subscription service, or route-deviated bus service. See California Vehicle Code 336
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• Governmental unit: means a state, territory, or possession of the United States of America, the District of Columbia, the country of Canada, a province of Canada, the United Kingdom, a public authority of the United Kingdom, a member country of the Organization for Economic Co-operation and Development having a sovereign rating in one of the top two generic lettered rating classifications by a securities rating agency acceptable to the commissioner, a municipality, or a political subdivision of any of the foregoing, or any public agency or instrumentality thereof. See California Insurance Code 12100
• Guarantor: A party who agrees to be responsible for the payment of another party's debts should that party default. ^{Source: OCC}
• 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.
• Highway: is a way or place of whatever nature, publicly maintained and open to the use of the public for purposes of vehicular travel. See California Vehicle Code 360
• house car: is a motor vehicle originally designed, or permanently altered, and equipped for human habitation, or to which a camper has been permanently attached. See California Vehicle Code 362
• 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.
• Insurable risk: means that the obligation on an uninsured basis has been determined to be not less than investment grade. See California Insurance Code 12100
• Investment grade: means that the obligation or parity obligation of the same issuer is rated in one of the top four generic lettered rating classifications by a securities rating agency acceptable to the commissioner, that the obligation or parity obligation of the same issuer, without regard to financial guaranty insurance, has been identified in writing by that rating agency as an insurable risk deemed to be of investment grade quality, or that the obligation or parity obligation of the same issuer has been determined to be investment grade (as indicated by a category 1 or 2 rating) by the Securities Valuation Office of the National Association of Insurance Commissioners. See California Insurance Code 12100
• Labeled: means equipment or materials to which has been attached a label, symbol, or other identifying mark of an organization, approved by the department, that maintains a periodic inspection program of production of labeled products, installations, equipment, or materials and by whose labeling the manufacturer indicates compliance with appropriate standards or performance in a specified manner. See California Health and Safety Code 17920
• Legislative body: means the legislative body of a local agency. See California Government Code 50230
• Lessor: includes "bailor" and "lease" includes "bailment. See California Vehicle Code 372
• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• Licensee: means a business entity, whether an individual, partnership, limited liability company, or corporation licensed under this chapter. See California Business and Professions Code 7590.1
• licensee: means an insurer, agent, broker, or any other person who is required to be licensed by the department. See California Insurance Code 38.6
• Listed: means all products that appear in a list published by an approved testing or listing agency. See California Health and Safety Code 17920
• Listing agency: means an agency approved by the department that is in the business of listing and labeling products, materials, equipment, and installations tested by an approved testing agency, and that maintains a periodic inspection program on current production of listed products, equipment, and installations, and that, at least annually, makes available a published report of these listings. See California Health and Safety Code 17920
• Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• Local agency: means a city, a city and county, or a county. See California Government Code 50230
• local appeals board: means the board or agency of a city or county which is authorized by the governing body of the city or county to hear appeals regarding the building requirements of the city or county. See California Health and Safety Code 17920.5
• Manager: means an individual designated under an operating agreement of a manager-managed limited liability company who is responsible for performing the management functions for the limited liability company specified in subdivision (c) of §. See California Business and Professions Code 7590.1
• 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 defined in subdivision (p) of §. See California Business and Professions Code 7590.1
• Mold: means microscopic organisms or fungi that can grow in damp conditions in the interior of a building. See California Health and Safety Code 17920
• Mortgage: includes a trust deed, "mortgagor" includes a trustor under such trust deed, "mortgagee" includes a beneficiary under such trust deed, or a trustee exercising powers or performing duties granted to or imposed upon him thereunder, and "lien" in respect to real or personal property includes a charge or incumbrance arising out of a trust deed. See California Insurance Code 29
• motor vehicle: includes a recreational vehicle as that term is defined in subdivision (a) of §. See California Vehicle Code 415
• motortruck: is a motor vehicle designed, used, or maintained primarily for the transportation of property. See California Vehicle Code 410
• Municipal bonds: means municipal obligation bonds and special revenue bonds. See California Insurance Code 12100
• Noise insulation: means the protection of persons within buildings from excessive noise, however generated, originating within or without such buildings. See California Health and Safety Code 17920
• Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
• Nonconforming use: means any use within a TPZ which lawfully existed on the effective date of zoning established pursuant to Sections 51112 and 51113, and continuing since that time, which is not a compatible use. See California Government Code 51104
• Nuisance: means any nuisance defined pursuant to Part 3 (commencing with Section 3479) of Division 4 of . See California Health and Safety Code 17920
• Oral argument: An opportunity for lawyers to summarize their position before the court and also to answer the judges' questions.
• Oversight: Committee review of the activities of a Federal agency or program.
• paratransit vehicle: is a passenger vehicle, other than a bus, schoolbus, school pupil activity bus, youth bus, general public paratransit vehicle, or taxicab that is both of the following:

  California Vehicle Code 462

• Parcel: means that portion of an assessor's parcel that is timberland, as defined. See California Government Code 51104
• Parent: means a person that, directly or indirectly, owns at least 50 percent of a financial guaranty insurance corporation. See California Insurance Code 12100
• Permanent single-family employee housing: as used in this part , means single-family detached dwellings, mobilehomes, as defined in Section 18008, manufactured homes, as defined in Section 18007, or factory-built housing, as defined in Section 19971, constructed and maintained in accordance with applicable state or federal laws, including required permits and inspections. See California Health and Safety Code 17010
• Person: includes any person, firm, association, organization, partnership, limited liability company, business trust, corporation, or company. See California Government Code 17
• Person: as used in this part , includes any natural person, firm, association, organization, partnership, business trust, company, joint stock company, corporation, limited liability company, joint venture, or other organizations of persons. See California Health and Safety Code 17009.5
• Person: means any individual, firm, company, association, organization, partnership, limited liability company, or corporation. See California Business and Professions Code 7590.1
• Person: means any person, firm, association, organization, partnership, business trust, corporation, limited liability company, or company. See California Health and Safety Code 19
• Person: means any person, association, organization, partnership, business trust, limited liability company, or corporation. See California Insurance Code 19
• Person: includes a natural person, firm, copartnership, association, limited liability company, or corporation. See California Vehicle Code 470
• Person: means any individual, partnership, association, corporation, limited liability company, or any organized group of persons whether incorporated or not. See California Food and Agricultural Code 38
• Personal property: All property that is not real property.
• 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.
• Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
• private school: is a ny school, whether conducted for profit or not, giving a course of training similar to that given in a public school at or below the twelfth grade, including but not limited to schools owned or operated by any church. See California Vehicle Code 492
• Probate: Proving a will
• 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
• Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
• Qualified manager: means an individual who is in active control, management, and direction of the licensee's business, and who is in possession of a current and valid qualified manager's certificate pursuant to this chapter. See California Business and Professions Code 7590.1
• Reinsurance: means cessions qualifying for credit under Section 12121. See California Insurance Code 12100
• renter: is a person who is engaged in the business of renting, leasing or bailing vehicles for a term not exceeding four months and for a fixed rate or price. See California Vehicle Code 508
• 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).
• Resident-employment housing: as used in this part , means apartment houses, hotels, motels, or dwellings, where living quarters are provided for five or more employees employed in the management, maintenance, or operation of an apartment house, hotel, motel, or dwellings. See California Health and Safety Code 17006
• retail sale: is a sale of goods to a person for the purpose of consumption and use, and not for resale to others, including, but not limited to, an arrangement where a motor vehicle is consigned to a dealer for sale. See California Vehicle Code 520
• Secretary: means the Secretary of Food and Agriculture. See California Food and Agricultural Code 35
• secured: means any of the following:

  California Insurance Code 12100

• Sell: includes offer for sale, expose for sale, possess for sale, exchange, barter, or trade. See California Food and Agricultural Code 44
• Signature: includes either of the following:

  California Elections Code 354.5

• 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: means the State of California, unless applied to the different parts of the United States. See California Insurance Code 28
• 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
• 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
• Statute: A law passed by a legislature.
• Street: is a way or place of whatever nature, publicly maintained and open to the use of the public for purposes of vehicular travel. See California Vehicle Code 590
• 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
• subscription: includes mark when the signer or subscriber cannot write, such signer's or subscriber's name being written near the mark by a witness who writes his own name near the signer's or subscriber's name. See California Vehicle Code 17
• Subsidiary: means a person that, directly or indirectly, is at least 50 percent owned by a financial guaranty insurance corporation. See California Insurance Code 12100
• 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
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Testing agency: means an agency approved by the department as qualified and equipped for testing of products, materials, equipment, and installations in accordance with nationally recognized standards. See California Health and Safety Code 17920
• Timber: means trees of any species maintained for eventual harvest for forest products purposes, whether planted or of natural growth, standing or down, on privately or publicly owned land, including Christmas trees, but does not mean nursery stock. See California Government Code 51104
• Timberland: means privately owned land, or land acquired for state forest purposes, which is devoted to and used for growing and harvesting timber, or for growing and harvesting timber and compatible uses, and which is capable of growing an average annual volume of wood fiber of at least 15 cubic feet per acre. See California Government Code 51104
• timberland preserve zone: means "timberland production zone. See California Government Code 51104
• TPZ: means an area which has been zoned pursuant to Section 51112 or 51113 and is devoted to and used for growing and harvesting timber, or for growing and harvesting timber and compatible uses, as defined in subdivision (h). See California Government Code 51104
• Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
• transit bus: is a ny bus owned or operated by a publicly owned or operated transit system, or operated under contract with a publicly owned or operated transit system, and used to provide to the general public, regularly scheduled transportation for which a fare is charged. See California Vehicle Code 642
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• Uniform Commercial Code: A set of statutes enacted by the various states to provide consistency among the states' commercial laws. It includes negotiable instruments, sales, stock transfers, trust and warehouse receipts, and bills of lading. ^{Source: OCC}
• vehicle: is a device by which any person or property may be propelled, moved, or drawn upon a highway, excepting a device moved exclusively by human power or used exclusively upon stationary rails or tracks. See California Vehicle Code 670
• Venue: The geographical location in which a case is tried.
• Verdict: The decision of a petit jury or a judge.
• Will: includes codicil. See California Code of Civil Procedure 17
• Writing: includes printing and typewriting. See California Code of Civil Procedure 17