Chapter 1 General Provisions
Chapter 2 Receipt and Expenditure of Funds
Chapter 3 Payment of Claims
Chapter 4 Management of Unclaimed Property
Chapter 5 Escheat Proceedings
Chapter 6 Disposition of Unclaimed Property
Chapter 7 Unclaimed Property Law
Chapter 8 Property in Custody of Federal Officers, Agencies, and Departments

Terms Used In California Codes > Code of Civil Procedure > Part 3 > Title 10 - UNCLAIMED PROPERTY

  • Abstract of judgment: In a federal criminal proceeding, A certification from a U.S. District Court clerk that a judgment of restitution was entered against the defendant owing to the victim. If the defendant inherits, owns, or sells real property or holdings, these assets can then be attached at the state and local levels as well.
  • Accommodation: means any apartment, condominium or cooperative unit, cabin, lodge, hotel or motel room, or other private or commercial structure containing toilet facilities therein that is designed and available, pursuant to applicable law, for use and occupancy as a residence by one or more individuals, or any unit or berth on a commercial passenger ship, which is included in the offering of a time-share plan. See California Business and Professions Code 11212
  • Account: means the pertinent account established under subdivision (b). See California Education Code 17078.52
  • Act: means the California Library Services Act. See California Education Code 18710
  • act: as used in this division , means the Improvement Bond Act of 1915. See California Streets and Highways Code 9517
  • Activity expense: as used in this chapter means any expense incurred or payment made by a lobbyist, lobbying firm, lobbyist employer or a person described in subdivision (b) of Section 86115, or arranged by a lobbyist or lobbying firm, which benefits in whole or in part any elective state official, legislative official, agency official, state candidate, or a member of the immediate family of one of these individuals. See California Government Code 86111
  • Acupuncture: means the stimulation of a certain point or points on or near the surface of the body by the insertion of needles to prevent or modify the perception of pain or to normalize physiological functions, including pain control for the treatment of certain diseases or dysfunctions of the body, and includes the techniques of electroacupuncture, cupping, and moxibustion. See California Business and Professions Code 4927
  • Acupuncturist: means an individual to whom a license has been issued to practice acupuncture pursuant to this chapter, which is in effect and is not suspended or revoked. See California Business and Professions Code 4927
  • Adjourn: A motion to adjourn a legislative chamber or a committee, if passed, ends that day's session.
  • Adjournment sine die: The end of a legislative session "without day." These adjournments are used to indicate the final adjournment of an annual or the two-year session of legislature.
  • Administering agency: means any agency designated pursuant to Section 25502 of the Health and Safety Code. See California Education Code 17210
  • 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.
  • Agency: means the Labor and Workforce Development Agency. See California Labor Code 18.5
  • Agency official: as used in this chapter means any official of a state agency whose administrative actions the lobbyist, lobbying firm, lobbyist employer, or person described in subdivision (b) of Section 86115 has attempted or is attempting to influence. See California Government Code 86111
  • agency shop: means an arrangement that requires an employee, as a condition of continued employment, either to join the recognized employee organization, or to pay the organization a service fee in an amount not to exceed the standard initiation fee, periodic dues, and general assessments of that organization for the duration of the agreement or a period of three years from the effective date of the agreement, whichever comes first. See California Government Code 71632.5
  • Aggrieved party: means a party entitled to pursue a remedy. See California Commercial Code 1201
  • agreement: means the total legal obligation that results from the parties' agreement as determined by this code and as supplemented by any other applicable laws. See California Commercial Code 1201
  • Airborne toxic control measure: means either of the following:

    California Health and Safety Code 39655

  • Allegation: something that someone says happened.
  • ammunition: includes , but is not limited to, any bullet, cartridge, magazine, clip, speed loader, autoloader, ammunition feeding device, or projectile capable of being fired from a firearm with a deadly consequence. See California Penal Code 16150
  • Annual percentage rate: The cost of credit at a yearly rate. It is calculated in a standard way, taking the average compound interest rate over the term of the loan so borrowers can compare loans. Lenders are required by law to disclose a card account's APR. Source: FDIC
  • Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
  • Apparent owner: means the person who appears from the records of the holder to be entitled to property held by the holder. See California Code of Civil Procedure 1501
  • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
  • Apportionment: means an apportionment made under this article, and unless the context otherwise requires, it shall be deemed to include funds of a district required by the board to be contributed toward the cost of a project. See California Education Code 16314
  • Apportionment: means an apportionment made under this chapter unless the context otherwise requires. See California Education Code 16002
  • Appraisal: A determination of property value.
  • Arraignment: A proceeding in which an individual who is accused of committing a crime is brought into court, told of the charges, and asked to plead guilty or not guilty.
  • assault weapon: means the following designated semiautomatic firearms:

    California Penal Code 30510

  • assessed value: means 25 percent of full value to, and including, the 1980-81 fiscal year, and 100 percent of full value for the 1981-82 fiscal year and fiscal years thereafter. See California Government Code 25
  • Assessment: means the share of funds required for the payment of common expenses that is assessed from time to time against each purchaser by the managing entity. See California Business and Professions Code 11212
  • Assets: means the inventory and equipment that is the subject of a bulk sale and any tangible and intangible personal property used or held for use primarily in, or arising from, the seller's business and sold in connection with that inventory and equipment, but the term does not include any of the following:

    California Commercial Code 6102

  • Association: means the organized body consisting of the purchasers of time-share interests in a time-share plan. See California Business and Professions Code 11212
  • At large: means the election of members of the board of directors all of whom are elected by the voters of the entire district. See California Government Code 61002
  • Attendance center: means a school maintained or to be maintained at a given location within a district. See California Education Code 16314
  • Auctioneer: means a person whom the seller engages to direct, conduct, control, or be responsible for a sale by auction. See California Commercial Code 6102
  • Authority: means the California School Finance Authority established pursuant to Section 17172. See California Education Code 17078.52
  • authority: means the Siskiyou Railroad Authority. See California Government Code 93102
  • Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
  • Bank: means a person engaged in the business of banking, and includes a savings bank, savings and loan association, credit union, and trust company. See California Commercial Code 1201
  • Banking organization: means any national or state bank, trust company, banking company, land bank, savings bank, safe-deposit company, private banker, or any similar organization. See California Code of Civil Procedure 1501
  • Bequest: Property gifted by will.
  • best available control technology: has the meaning provided in Section 40405. See California Health and Safety Code 40951
  • best available retrofit control technology: has the meaning given in Section 40406. See California Health and Safety Code 40952
  • best available retrofit control technology: means an emission limitation that is based on the maximum degree of reduction achievable, taking into account environmental, energy, and economic impacts by each class or category of source. See California Health and Safety Code 40406
  • Best value: means a competitive procurement process whereby the selected proposer is selected on the basis of objective criteria for evaluating the qualifications of proposers with the resulting selection representing the best combination of price and qualifications. See California Education Code 17400
  • Best value score: means the total score awarded to a proposer for all scored evaluation factors. See California Education Code 17400
  • bioanalyst: means a person licensed under Section 1260 to engage in clinical laboratory practice and direction of a clinical laboratory. See California Business and Professions Code 1203
  • Blind: means a person having central visual acuity not to exceed 20-200 in the better eye, with corrected lenses, or visual acuity greater than 20-200, but with a limitation in the field of vision such that the widest diameter of the visual field subtends an angle not greater than 20 degrees. See California Business and Professions Code 17521
  • Board: means the State Allocation Board as defined in Article 1 (commencing with Section 16000) of this chapter. See California Education Code 16314
  • Board: means a local Model Cities resources board. See California Health and Safety Code 36105
  • Board: means the governing board of a community college district. See California Education Code 81902
  • Board: means the State Allocation Board. See California Education Code 17087
  • Board: means the State Allocation Board. See California Education Code 16002
  • board: refers to the State Board of Chiropractic Examiners. See California Business and Professions Code 1050
  • Board: means the Veterinary Medical Board. See California Business and Professions Code 4810
  • Board: means the Acupuncture Board. See California Business and Professions Code 4927
  • board: means the Public Employment Relations Board established pursuant to Section 3541. See California Government Code 71639.1
  • board: means any entity listed in Section 101, the entities referred to in Sections 1000 and 3600, the State Bar, the Department of Real Estate, and any other state agency that issues a license, certificate, or registration authorizing a person to engage in a business or profession. See California Business and Professions Code 31
  • Board of directors: means the board of directors of a district that establishes policies for the operation of the district. See California Government Code 61002
  • Bond: means any bonded indebtedness regardless of state law or charter that requires voter approval, including, but not limited to, general obligation bonds, revenue bonds, and bonds issued pursuant to the Mello-Roos Community Facilities Act (Chapter 2. See California Government Code 53412
  • Bond: includes warrant or other evidence of indebtedness. See California Government Code 53430
  • Bond: includes warrant or other evidence of indebtedness. See California Government Code 53460
  • Bonded indebtedness: includes any financial encumbrance, including, but not limited to, bonds, lease revenue bonds, certificates of participation, mortgages, liens, or loans, on a building. See California Government Code 70301
  • bonds: as used in this article means: bonds as defined in Section 53550, or revenue bonds as defined in Section 53570. See California Government Code 53580
  • Bonds: means bonds, notes, warrants, or other evidence of indebtedness payable, both principal and interest, from the proceeds of ad valorem taxes that may be levied without limitation as to rate or amount upon property subject to taxation by the legislative body. See California Government Code 53507
  • Bonds: means bonds, warrants, notes or other evidences of indebtedness of a local agency or zone or improvement district thereof. See California Government Code 53530
  • bonds: includes bonds, warrants, notes, or other evidences of indebtedness of a local agency, zone or improvement district except those which under Section 18 of Article XI or other provision of the Constitution of the State of California are required to be authorized at an election. See California Government Code 53540
  • boxing: as used in this chapter includes "kickboxing" and "martial arts. See California Business and Professions Code 18760
  • Budget authority: Authority provided by law to enter into obligations that will result in outlays of Federal funds. Budget authority may be classified by the period of availability (one-year, multiyear, no-year), by the timing of congressional action (current or permanent), or by the manner of determining the amount available (definite or indefinite).
  • Building: includes each of the following:

    California Education Code 17400

  • Building: means a single structure or connected structures. See California Government Code 70301
  • Bulk sale: means either of the following:

    California Commercial Code 6102

  • Business association: means any private corporation, joint stock company, business trust, partnership, or any association for business purposes of two or more individuals, whether or not for profit, including, but not by way of limitation, a banking organization, financial organization, life insurance corporation, and utility. See California Code of Civil Procedure 1501
  • business opportunity: shall include the sale or lease of the business and goodwill of an existing business enterprise or opportunity. See California Business and Professions Code 10030
  • By divisions: means the election of members of the board of directors who are residents of the division from which they are elected only by voters of the division. See California Government Code 61002
  • 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.
  • chamber load indicator: means a device that plainly indicates that a cartridge is in the firing chamber. See California Penal Code 16380
  • Chambers: A judge's office.
  • Change in laboratory director: means any change in the laboratory director or directors to whom the current license or registration is issued. See California Business and Professions Code 1211
  • Change in ownership: means any change in the persons who are owners. See California Business and Professions Code 1211
  • 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.
  • charity: shall include any person who, or any nonprofit community organization, fraternal, benevolent, educational, philanthropic, or service organization, or governmental employee organization which, solicits or obtains contributions solicited from the public for charitable purposes or holds any assets for charitable purposes. See California Business and Professions Code 17510.2
  • City: includes "city and county" and "incorporated town. See California Streets and Highways Code 15
  • City: includes incorporated city, city and county, municipal corporation, municipality, town and incorporated town. See California Financial Code 13
  • City: includes city and county. See California Harbors and Navigation Code 15
  • City council or board of supervisors: includes the proper corresponding governing board and authority in each place where the division applies. See California Government Code 66499.51
  • Claim: means a right to payment from the seller, whether or not the right is reduced to judgment, liquidated, fixed, matured, disputed, secured, legal, or equitable. See California Commercial Code 6102
  • Claimant: means a person holding a claim incurred in the seller's business other than any of the following:

    California Commercial Code 6102

  • Clerk: means the clerk or secretary of the supervising authority. See California Government Code 58901
  • CLIA laboratory director: means the person identified as the laboratory director on the CLIA certificate issued to the laboratory by the federal Centers for Medicare and Medicaid Services (CMS). See California Business and Professions Code 1209
  • Client: means the taxpayer with whom the exchange facilitator enters into an agreement described in subparagraph (A) of paragraph (1) of subdivision (b). See California Financial Code 51000
  • clinical histocompatibility scientist: means any person, other than a person licensed to direct a clinical laboratory, or licensed as a clinical laboratory scientist or trainee, who is licensed under Sections 1261, 1261. See California Business and Professions Code 1210
  • clinical laboratory scientist: means any person, other than a licensed clinical laboratory bioanalyst or trainee, who is licensed under Sections 1261 and 1262 to engage in clinical laboratory practice under the overall operation and administration of a laboratory director, unless serving as a director of a waived laboratory as provided in Section 1209. See California Business and Professions Code 1204
  • Codicil: An addition, change, or supplement to a will executed with the same formalities required for the will itself.
  • Commercial purposes: include the determination of the weight, measure, or count of any commodity or thing that is sold on the basis of weight, measure, or count. See California Business and Professions Code 12500
  • Commission: means the Fish and Game Commission, and "commissioner" means a member of the Fish and Game Commission. See California Fish and Game Code 30
  • Commission: means the State Energy Resources Conservation and Development Commission. See California Health and Safety Code 44275
  • commission: means California-Nevada Interstate Compact Commission. See California Government Code 8131
  • commission: means the Commission on Judicial Performance provided for in Section 8 of Article VI of the Constitution, "masters" means special masters appointed by the Supreme Court pursuant to rules adopted by the Judicial Council, and "judge" means a judge who is the subject of an investigation or proceeding under Section 18 of Article VI of the Constitution. See California Government Code 68701
  • Commissioner: means any county agricultural commissioner. See California Food and Agricultural Code 26
  • Commissioner: means the Real Estate Commissioner. See California Business and Professions Code 11212
  • Committee: means the California Debt Limit Allocation Committee established pursuant to Section 8869. See California Government Code 8869.82
  • 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.
  • Community college: means a community college maintained by the district issuing bonds under this chapter. See California Education Code 81902
  • Compliance with a judgment or order for support: has the meaning given in paragraph (4) of subdivision (a) of Section 17520 of the Family Code. See California Business and Professions Code 31
  • Component site: means a specific geographic location where accommodations that are part of a multisite time-share plan are located. See California Business and Professions Code 11212
  • Conspicuous type: means either of the following:

    California Business and Professions Code 11212

  • constable: means the marshal or the constable and any deputy marshal or deputy constable actively employed in the performance of duties as deputy marshal or constable. See California Government Code 71300
  • Construction: includes :

    California Streets and Highways Code 29

  • Construction: includes acquisition by purchase. See California Education Code 17110
  • Construction or alteration: as used in this article includes any construction, reconstruction, or alteration of, or addition to, any school building. See California Education Code 17294
  • consultant-evaluator: means a consultant or evaluator who, in the course of that person's profession is loaned firearms from a person licensed pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code and the regulations issued pursuant thereto, for research or evaluation, and has a current certificate of eligibility issued pursuant to Section 26710. See California Penal Code 16410
  • Continuance: Putting off of a hearing ot trial until a later time.
  • contract: means the bargain of the parties in fact, as found in their language or inferred from other circumstances, including course of performance, course of dealing, or usage of trade as provided in Section 1303. See California Commercial Code 1201
  • Cooperative library system: means a public library system that consists of two or more jurisdictions entering into a written agreement to implement a regional program in accordance with this chapter, and that, as of the effective date of this chapter, was designated a library system under the Public Library Services Act of 1963 or was a successor to that library system. See California Education Code 18710
  • Coordinator: means the Model Cities Coordinator. See California Health and Safety Code 36105
  • corporation: includes a limited liability company. See California Government Code 53601.2
  • Correct: means any weight or measure or weighing, measuring, or counting instrument that meet all of the tolerance and specification requirements established by the secretary pursuant to Section 12107. See California Business and Professions Code 12500
  • Cost-effectiveness: means dollars provided to a project pursuant to subdivision (d) of Section 44283 for each ton of covered emission reduction attributed to a project or to the program as a whole. See California Health and Safety Code 44275
  • council: means the Bay Area Air Quality Management Advisory Council. See California Health and Safety Code 40260
  • council: means an air pollution control advisory council appointed pursuant to Section 40361. See California Health and Safety Code 40360
  • County: includes city and county. See California Financial Code 14
  • County: means the county, or city and county, in which all or a majority of the assessed valuation of the community college district lies at the time bonds are issued under this chapter. See California Education Code 81902
  • County: includes city and county. See California Health and Safety Code 14
  • County: includes "city and county. See California Code of Civil Procedure 17
  • county: includes "city and county". See California Penal Code 7
  • County facilities payment: means the amount established by Article 5 of this chapter to be paid by a county in partial exchange for relief from the responsibility for providing court facilities. See California Government Code 70301
  • county surveyor: includes the like or corresponding officer, subject to the direction of the corresponding governing board and authority in each place where the division applies. See California Government Code 66499.51
  • County treasurer: means the treasurer of the county in which all or a majority of the assessed valuation of the district lies at the time bonds are issued under this chapter. See California Education Code 81902
  • Court facilities: consist of all of the following:

    California Government Code 70301

  • Court reporter: A person who makes a word-for-word record of what is said in court and produces a transcript of the proceedings upon request.
  • Covered emissions: include emissions of oxides of nitrogen, particulate matter, and reactive organic gases from any covered source. See California Health and Safety Code 44275
  • Covered engine: includes any internal combustion engine or electric motor and drive powering a covered source. See California Health and Safety Code 44275
  • Covered source: includes onroad vehicles, off-road nonrecreational equipment and vehicles, locomotives, marine vessels, agricultural sources of air pollution, as defined in Section 39011. See California Health and Safety Code 44275
  • Covered vehicle: includes any vehicle or piece of equipment powered by a covered engine. See California Health and Safety Code 44275
  • Creditor: means a claimant or other person holding a claim. See California Commercial Code 6102
  • Customer: shall include any person, firm, corporation, or other entity that is solicited by, inquires about or seeks the services of, or enters into a contract for invention development services with an invention developer, except (1) any department or agency of the federal, state, or local government, (2) any charitable, scientific, educational, religious, or other organization qualified under Section 501(c)(3) or described in Section 170(b)(1)(a) of the Internal Revenue Code of 1954, as amended, and (3) any person, firm, corporation, or other entity regularly engaged in a trade, business, or profession which has either a net worth of one hundred thousand dollars ($100,000) or more or gross receipts from any source of fifty thousand dollars ($50,000) or more during the calendar year in which any contract for invention development services is signed. See California Business and Professions Code 22371
  • Date of the bulk sale: means either of the following:

    California Commercial Code 6102

  • Date of the bulk-sale agreement: means either of the following:

    California Commercial Code 6102

  • Debt: means liability on a claim. See California Commercial Code 6102
  • Debt instruments: means bonds, notes, certificates of participation, or other evidences of indebtedness issued by a local agency pursuant to this article. See California Government Code 53595
  • Decedent: A deceased person.
  • deed of trust: as used in this part includes "mortgage. See California Business and Professions Code 10028
  • Deferred maintenance: means a backlog of projects that occurs when ongoing maintenance and repair of court facilities or a building is not sustained at an appropriate level in quality, quantity, or frequency to support the designed level of service of the building or special repair projects are not accomplished as needed. See California Government Code 70301
  • Department: means the Department of Fish and Wildlife. See California Fish and Game Code 37
  • Department: means the Department of Food and Agriculture. See California Food and Agricultural Code 32
  • Department: means the "Department of Real Estate. See California Business and Professions Code 11212
  • Department: means the Department of Justice. See California Business and Professions Code 17511.2
  • department: means State Department of Health Services. See California Health and Safety Code 20
  • department: means the State Department of Public Health. See California Business and Professions Code 1202
  • Department: means Department of Industrial Relations. See California Labor Code 19
  • Dependent: A person dependent for support upon another.
  • 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.
  • designated instruction and services: means "related services" as that term is defined in Section 1401(26) of Title 20 of the United States Code and Section 300. See California Education Code 56363
  • Developer: means and includes any person who creates a time-share plan or is in the business of selling time-share interests, other than those employees or agents of the developer who sell time-share interests on the developer's behalf, or retains agents to do the same, or any person who succeeds to the interest of a developer by sale, lease, assignment, mortgage, or other transfer, but the term includes only those persons who offer time-share interests for disposition in the ordinary course of business. See California Business and Professions Code 11212
  • Development: includes , but is not limited to, improvement, rehabilitation, restoration, enhancement, preservation, protection, and interpretation. See California Education Code 20052
  • Devise: To gift property by will.
  • Direct labor: means all work required for the preparation, processing, assembling, and packing, but not including supervision, administration, inspection, and shipping. See California Business and Professions Code 17521
  • Direct loan: means the lending of a book or other item directly to a borrower. See California Education Code 18710
  • Director: means the Director of Education. See California Education Code 16314
  • Director: means the Director of Education for kindergarten and grades 1 to 12, inclusive. See California Education Code 16002
  • Director: means "State Director of Health Services. See California Health and Safety Code 21
  • Director: means Director of Industrial Relations. See California Labor Code 20
  • disabled: means a disability of permanent or extended and uncertain duration, as determined by the board, on the basis of competent medical opinion. See California Harbors and Navigation Code 1164
  • Disaster: means a devastating earthquake or other conditions specified in subdivisions (b) and (c) of Section 8558. See California Government Code 8877.4
  • disaster: means those conditions specified in subdivisions (b) and (c) of Section 8558 if the estimated damage exceeds three billion dollars ($3,000,000,000) or the Governor orders the Director of Emergency Services to carry out the provisions of this chapter. See California Government Code 8696.5
  • disposition: means a voluntary transfer or assignment of any legal or equitable interest in a time-share plan, other than the transfer, assignment, or release of a security interest. See California Business and Professions Code 11212
  • District: means an elementary, high school, or unified school district. See California Education Code 16314
  • District: means a county air pollution control district or an air quality management district. See California Health and Safety Code 44275
  • District: means any tax, assessment or any other district except as otherwise provided in Section 58902. See California Government Code 58901
  • District: means a community services district created pursuant to this division or any of its statutory predecessors. See California Government Code 61002
  • Document of title: includes a bill of lading, dock warrant, dock receipt, warehouse receipt, or order for the delivery of goods, and also any other document which in the regular course of business or financing is treated as adequately evidencing that the person in possession of it is entitled to receive, hold, and dispose of the document and the goods it covers. See California Commercial Code 1201
  • Domain name: means any alphanumeric designation that is registered with or assigned by any domain name registrar, domain name registry, or other domain name registration authority as part of an electronic address on the internet. See California Business and Professions Code 17527
  • Donor: The person who makes a gift.
  • drop safety requirement for handguns: means that at the conclusion of the firing requirements for handguns described in Section 31905, the same certified independent testing laboratory shall subject the same three handguns of the make and model for which certification is sought, to the following test:

    California Penal Code 31900

  • electric plant: means an electric plant as defined in Section 217 of the Public Utilities Code, whether publicly or privately owned or operated. See California Health and Safety Code 40407
  • Electronic funds transfer: The transfer of money between accounts by consumer electronic systems-such as automated teller machines (ATMs) and electronic payment of bills-rather than by check or cash. (Wire transfers, checks, drafts, and paper instruments do not fall into this category.) Source: OCC
  • electronic or computer data storage: means paperless record retention utilizing optical, electronic, magnetic, micrographic, or photographic media or other similar technology capable of accurately producing or reproducing data in accordance with minimum standards or guidelines for the preservation and reproduction of the medium adopted by the American National Standards Institute or the Association for Information and Image Management. See California Health and Safety Code 40407.5
  • Electronic signature: means an electronic sound, symbol, or process attached to or logically associated with an electronic record and executed or adopted by a person with the intent to sign the electronic record. See California Code of Civil Procedure 17
  • 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 benefit plan distribution: means any money, life insurance, endowment or annuity policy or proceeds thereof, securities or other intangible property, or any tangible property, distributable to a participant, former participant, or the beneficiary or estate or heirs of a participant or former participant or beneficiary, from a trust or custodial fund established under a plan to provide health and welfare, pension, vacation, severance, retirement benefit, death benefit, stock purchase, profit sharing, employee savings, supplemental unemployment insurance benefits or similar benefits, or which is established under a plan by a business association functioning as or in conjunction with a labor union which receives for distribution residuals on behalf of employees working under collective-bargaining agreements. See California Code of Civil Procedure 1501
  • Endowment: means the California Cultural and Historical Endowment created pursuant to Section 20053, or the board of the endowment, as appropriate. See California Education Code 20052
  • Environmental assessor: means an environmental professional as defined in Section 312. See California Education Code 17210
  • Escheat: Reversion of real or personal property to the state when 1) a person dies without leaving a will and has no heirs, or 2) when the property (such as a bank account) has been inactive for a certain period of time. Source: OCC
  • Ex officio: Literally, by virtue of one's office.
  • Exchange company: means any person owning or operating, or both owning and operating, an exchange program. See California Business and Professions Code 11212
  • Exchange facilitator: means a person that does any of the following:

    California Financial Code 51000

  • Exchange program: means any method, arrangement, or procedure for the voluntary exchange of time-share interests or other property interests. See California Business and Professions Code 11212
  • 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
  • factory-built building: means any building designed or intended for use as a school building which is either wholly manufactured or is in substantial part manufactured at an offsite location in accordance with building standards adopted and approved pursuant to Chapter 4 (commencing with Section 18935) of Part 2. See California Education Code 17350
  • 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 act: means the Clean Air Act (42 U. See California Health and Safety Code 39655
  • 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
  • Federal Reserve System: The central bank of the United States. The Fed, as it is commonly called, regulates the U.S. monetary and financial system. The Federal Reserve System is composed of a central governmental agency in Washington, D.C. (the Board of Governors) and twelve regional Federal Reserve Banks in major cities throughout the United States. Source: OCC
  • federal securities: as used in this article means those securities defined in subdivision (g) of Section 53550 and in subdivision (a) of Section 53651. See California Government Code 53580
  • Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
  • fictitious business name: means :

    California Business and Professions Code 17900

  • field crop products: includes grain crops, dry bean crops, seeds, forage crops, fiber crops, and other field crops and the manufactured products and byproducts of such field crops. See California Food and Agricultural Code 52001
  • Finance charge: The total cost of credit a customer must pay on a consumer loan, including interest. The Truth in Lending Act requires disclosure of the finance charge. Source: OCC
  • Financial institution: means a bank, credit union, savings and loan association, savings bank, or trust company chartered under the laws of this state or the United States whose accounts are insured by the full faith and credit of the United States, the Federal Deposit Insurance Corporation, the National Credit Union Share Insurance Fund, or other similar or successor programs. See California Financial Code 51000
  • Financial organization: means any federal or state savings and loan association, building and loan association, credit union, investment company, or any similar organization. See California Code of Civil Procedure 1501
  • Financially sound: means a charter school that has demonstrated, over a period of time determined by the authority, but not less than 24 months immediately preceding the submission of the application, that it has operated as a financially capable concern in California, as measured by criteria established by the authority. See California Education Code 17078.52
  • firearm: includes the frame or receiver of the weapon:

    California Penal Code 16520

  • firearm safety certificate: means a certificate issued by the Department of Justice pursuant to Sections 31610 to 31700, inclusive, or pursuant to former Article 8 (commencing with Section 12800) of Chapter 6 of Title 2 of Part 4, as that article was operative at any time from January 1, 2003, until it was repealed by the Deadly Weapons Recodification Act of 2010. See California Penal Code 16535
  • firing requirement for handguns: means a test in which the manufacturer provides three handguns of the make and model for which certification is sought to an independent testing laboratory certified by the Attorney General pursuant to Section 32010. See California Penal Code 31905
  • Fishery: means both of the following:

    California Fish and Game Code 94

  • fixed location: is a ny single site at a building, structure, facility, or installation. See California Health and Safety Code 41751
  • Fixed Rate: Having a "fixed" rate means that the APR doesn't change based on fluctuations of some external rate (such as the "Prime Rate"). In other words, a fixed rate is a rate that is not a variable rate. A fixed APR can change over time, in several circumstances:
    • You are late making a payment or commit some other default, triggering an increase to a penalty rate
    • The bank changes the terms of your account and you do not reject the change.
    • The rate expires (if the rate was fixed for only a certain period of time).
  • Forbearance: A means of handling a delinquent loan. A
  • 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
  • Forgery: The fraudulent signing or alteration of another's name to an instrument such as a deed, mortgage, or check. The intent of the forgery is to deceive or defraud. Source: OCC
  • Foster family home: includes a small family home as defined in paragraph (6) of subdivision (a) of Section 1502 of the Health and Safety Code, a certified family home of a foster family agency as defined in Section 1506 of the Health and Safety Code, and a resource family as defined in Section 1517 of the Health and Safety Code and Section 16519. See California Education Code 56155.5
  • Fraud: Intentional deception resulting in injury to another.
  • From divisions: means the election of members of the board of directors who are residents of the division from which they are elected by the voters of the entire district. See California Government Code 61002
  • Full and adequate consideration: as used in this title means fair market value. See California Government Code 82025.5
  • Fund: means the California Debt Limit Allocation Committee Fund created pursuant to Section 8869. See California Government Code 8869.82
  • Fund: means the Air Pollution Control Fund established pursuant to Section 43015. See California Health and Safety Code 44275
  • General manager: means the highest level management appointee who is directly responsible to the board of directors for the implementation of the policies established by the board of directors. See California Government Code 61002
  • General obligation bonds: means bonds, warrants, notes or other evidence of indebtedness of a local agency payable, both principal and interest, from the proceeds of ad valorem taxes or ad valorem assessments which may be levied without limitation as to rate or amount upon property in the local agency subject to taxation or assessment. See California Government Code 53500
  • general partner: means :

    California Business and Professions Code 17901

  • Genuine: means free of forgery or counterfeiting. See California Commercial Code 1201
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Gift: as used in this article means a gift made directly or indirectly to any state candidate, elected state officer, or legislative official, or to an agency official of any agency required to be listed on the registration statement of the lobbying firm or the lobbyist employer of the lobbyist. See California Government Code 86201
  • Good faith: except as otherwise provided in Division 5 (commencing with Section 5101), means honesty in fact and the observance of reasonable commercial standards of fair dealing. See California Commercial Code 1201
  • Goods: includes wares or merchandise. See California Harbors and Navigation Code 24
  • Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
  • Grant: as used in this chapter means any mechanism used by a state agency to distribute appropriations that have been allocated for the purpose of financial assistance through a competitive or first-come, first-served award process. See California Government Code 8334
  • Grantor: The person who establishes a trust and places property into it.
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • gunsmith: means any person who is licensed as a dealer pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code and the regulations issued pursuant thereto, who is engaged primarily in the business of repairing firearms, or making or fitting special barrels, stocks, or trigger mechanisms to firearms, or the agent or employee of that person. See California Penal Code 16630
  • 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.
  • handgun: means any pistol, revolver, or firearm capable of being concealed upon the person. See California Penal Code 16640
  • handgun safety certificate: means a certificate issued by the Department of Justice pursuant to Sections 31610 to 31700, inclusive, or pursuant to former Article 8 (commencing with Section 12800) of Chapter 6 of Title 2 of Part 4, as that article was operative at any time from January 1, 2003, until it was repealed by the Deadly Weapons Recodification Act of 2010. See California Penal Code 16670
  • Handle: has the meaning the term is given in Article 1 (commencing with Section 25500) of Chapter 6. See California Education Code 17210
  • handler: means any person that engages in the operation of selling, marketing, or processing any of the crops vulnerable to damage from curly top virus, as covered by this chapter, which he or she has purchased, or acquired from a producer or which he or she is marketing, selling or processing on behalf of a producer, whether as owner, agent, employee, broker, or otherwise. See California Food and Agricultural Code 6032
  • Hazardous air emissions: means emissions into the ambient air of air contaminants that have been identified as a toxic air contaminant by the State Air Resources Board or by the air pollution control officer for the jurisdiction in which the project is located. See California Education Code 17210
  • Hazardous material: has the meaning the term is given in subdivision (d) of Section 25260 of the Health and Safety Code. See California Education Code 17210
  • health fair: means a program of health assessment procedures offered to the general public that may include screening, self-ordered, or diagnostic clinical laboratory tests or examinations performed by a clinical laboratory licensed or registered under subdivision (a) of Section 1265 that meets all the requirements of this chapter. See California Business and Professions Code 1214
  • histocompatibility laboratory director: means a physician and surgeon licensed to practice medicine pursuant to Chapter 5 (commencing with Section 2000) who is qualified pursuant to Section 1209, a bioanalyst licensed pursuant to Section 1260 who is qualified pursuant to Sections 1203 and 1209, or a person who has earned a doctoral degree in a biological science, who has completed, subsequent to graduation, four years of experience in immunology, two of which have been in histocompatibility testing. See California Business and Professions Code 1209.1
  • Historical building: means a building that is identified as a historical building by the county board of supervisors and is either a "qualified historical building or structure" as defined in Section 18955 of the Health and Safety Code, or is a building eligible for inclusion on the National Register of Historic Places under Section 470a of Title 16 of the United States Code. See California Government Code 70301
  • Holder: means any person in possession of property subject to this chapter belonging to another, or who is trustee in case of a trust, or is indebted to another on an obligation subject to this chapter. See California Code of Civil Procedure 1501
  • Holder: means :

    California Commercial Code 1201

  • Incidental benefit: is a n accommodation, product, service, discount, or other benefit, other than an exchange program, that is offered to a prospective purchaser of a time-share interest prior to the end of the rescission period set forth in Section 11238, the continuing availability of which for the use and enjoyment of owners of time-share interests in the time-share plan is limited to a term of not more than three years, subject to renewal or extension. See California Business and Professions Code 11212
  • Incorrect: means any instrument that fails to meet all of the requirements of Section 12107. See California Business and Professions Code 12500
  • Incremental cost: means the cost of the project less a baseline cost that would otherwise be incurred by the applicant in the normal course of business. See California Health and Safety Code 44275
  • Indenture: means the instrument providing the terms and conditions for the issuance of the debt instruments, and may be a resolution, order, agreement, or other instrument. See California Government Code 53595
  • 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.
  • Indirect ownership interest: means an ownership interest in an entity that has an ownership interest in a clinical laboratory, and includes an ownership interest in any entity that has an indirect ownership interest in a clinical laboratory. See California Business and Professions Code 1211
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Insolvent: means :

    California Commercial Code 1201

  • Instrument: as used in this chapter , means a written paper signed by a person or persons transferring the title to, or giving a lien on real property, or giving a right to a debt or duty. See California Government Code 27279
  • Intangible property: Property that has no intrinsic value, but is merely the evidence of value such as stock certificates, bonds, and promissory notes.
  • Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. Source: OCC
  • Internal Revenue Code: means the Internal Revenue Code of 1986 (26 U. See California Government Code 8869.82
  • Intestate: Dying without leaving a will.
  • Invention: shall mean (1) an invention, (2) an idea, (3) a concept, or (4) any combination thereof. See California Business and Professions Code 22371
  • Invention developer: shall mean any person, firm, corporation, or association, and the agents, employees, or representatives of such person, firm, corporation, or association that develops or promotes or offers to develop or promote an invention, except (1) any department or agency of the federal, state, or local government, (2) any charitable, scientific, educational, religious, or other organization qualified under Section 501(c)(3) or described in Section 170(b)(1)(a) of the Internal Revenue of Code of 1954, as amended, (3) any person, firm, corporation, association, or other entity whose gross receipts from contracts for invention development services, as defined in subdivision (a) of Section 22371, do not exceed 10 percent of its gross receipts from all sources during the fiscal year preceding the year in which any contract for invention development services is signed, or (4) any person, firm, corporation, association or other entity that does not charge a fee for invention development services. See California Business and Professions Code 22371
  • Invention development services: shall include acts required or promised to be performed, or actually performed, or both, by an invention developer for a customer. See California Business and Professions Code 22371
  • Issuer: means any local agency or state agency authorized by the Constitution or laws of the state to issue private activity bonds. See California Government Code 8869.82
  • Issuer: means a city, county, city and county, school district, community college district, or special district, secured by the levy of ad valorem taxes, authorized to issue bonds pursuant to this article. See California Government Code 53507
  • item: includes but is not limited to any paper, document, book, map, or other type of record. See California Government Code 12220
  • Item: means any goods and services, and includes coupon books which are to be used with businesses other than the seller's business. See California Business and Professions Code 17511.2
  • Joint committee: Committees including membership from both houses of teh legislature. Joint committees are usually established with narrow jurisdictions and normally lack authority to report legislation.
  • Joint occupancy facilities: means any building constructed pursuant to this chapter which is occupied jointly by a school district and a private entity specified in Section 17811 or one or more buildings which are constructed pursuant to this chapter on the same property used by the district and the private entity, but are not occupied jointly. See California Education Code 17110
  • knowingly: import s only a knowledge that the facts exist which bring the act or omission within the provisions of this code. See California Penal Code 7
  • Labor Commissioner: means Chief of the Division of Labor Standards Enforcement. See California Labor Code 21
  • laboratory director: means any person who is any of the following:

    California Business and Professions Code 1209

  • large-capacity magazine: means any ammunition feeding device with the capacity to accept more than 10 rounds, but shall not be construed to include any of the following:

    California Penal Code 16740

  • Latent power: means those services and facilities authorized by Part 3 (commencing with Section 61100) that the local agency formation commission has determined, pursuant to subdivision (i) of Section 56425, that a district did not provide prior to January 1, 2006. See California Government Code 61002
  • Laundry cart: means a basket which is mounted on wheels and used in a coin-operated laundry or drycleaning retail establishment by a customer or an attendant for the purpose of transporting fabrics and the supplies necessary to process them. See California Business and Professions Code 22435
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • lease or agreement: shall include a lease-purchase agreement. See California Education Code 17401
  • Legacy: A gift of property made by will.
  • Legatee: A beneficiary of a decedent
  • Legislative body: means the city council, board of supervisors, or other legislative or governing body of a local agency. See California Government Code 53595
  • Legislative body: means the legislative body of the local agency as defined in Section 53000. See California Government Code 53500
  • Legislative body: means the governing body of the issuer. See California Government Code 53507
  • Legislative body: means the legislative body, as defined in Section 53000, of the local agency. See California Government Code 53540
  • Legislative session: That part of a chamber's daily session in which it considers legislative business (bills, resolutions, and actions related thereto).
  • Lessee: means a school district or county superintendent of schools to whom the board has leased a portable classroom pursuant to this chapter. See California Education Code 17087
  • Libraries for institutionalized persons: means libraries maintained by institutions for the purpose of serving their resident populations. See California Education Code 18710
  • library districts: as used in this chapter mean "union high school library district. See California Education Code 18301
  • library trustees: as used in this chapter mean the regularly elected union high school trustees who reside within the library district. See California Education Code 18300
  • license: shall include a permit or a certificate issued by a state agency. See California Penal Code 23
  • License: as used in this chapter also includes a "permit". See California Business and Professions Code 18631
  • Licensee: means any person authorized by a license, certificate, registration, or other means to engage in a business or profession regulated by this code or referred to in Sections 1000 and 3600. See California Business and Professions Code 23.8
  • licensing agency: means a panel of the Division of Medical Quality. See California Business and Professions Code 825
  • Licensing board: means any board, as defined in Section 22, the State Bar of California, and the Department of Real Estate. See California Business and Professions Code 30
  • Life insurance corporation: means any association or corporation transacting the business of insurance on the lives of persons or insurance appertaining thereto, including, but not by way of limitation, endowments, and annuities. See California Code of Civil Procedure 1501
  • Liquidated: means that all moneys for a specified fiscal year have been spent by a district to reimburse grantees for valid and eligible project invoices and district administrative costs. See California Health and Safety Code 44275
  • Liquidator: means a person who is regularly engaged in the business of disposing of assets for businesses contemplating liquidation or dissolution. See California Commercial Code 6102
  • listing: as used in this part includes, but is not limited to:

    California Business and Professions Code 10027

  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Local agency: means any political subdivision of the state within the meaning of Section 103 of the Internal Revenue Code (26 U. See California Government Code 8869.82
  • Local agency: means any county, city, city and county, including a charter city or county, or any special district. See California Government Code 53412
  • local agency: means public district, public corporation, authority, agency, board, commission, county, city and county, city, school district, or other public entity or any improvement district or zone thereof. See California Government Code 53580
  • Local agency: means any city, county, city and county, district, including, but not limited to, a school district or other public entity authorized to enter into a tax increment agreement. See California Government Code 53595
  • Local agency: means county, city, irrigation district, reclamation district, school district, or other municipal corporation. See California Government Code 53430
  • Local agency: means county, city, irrigation district, reclamation district, school district, sanitary district, or other municipal or public corporation. See California Government Code 53460
  • Local agency: means county, city, city and county, public district, or other public or municipal corporation. See California Government Code 53500
  • local agency: means county, city, city and county, public district or any public or municipal corporation, public agency or public authority. See California Government Code 53510
  • local agency: means county, city, city and county, public district or any public or municipal corporation, public agency or public authority. See California Government Code 53520
  • Local agency: means county, city, city and county, public district, public entity or authority, or other public or municipal corporation, including redevelopment agencies, housing authorities, and industrial development authorities. See California Government Code 53530
  • Local agency: means county, city, city and county, public district, public entity or authority or other public or municipal corporation. See California Government Code 53540
  • local agency: means county, city, city and county, including a chartered city or county, school district, community college district, public district, county board of education, county superintendent of schools, or any public or municipal corporation. See California Government Code 53600
  • Local consumer affairs agency: means and includes any city or county body which primarily provides consumer protection services. See California Business and Professions Code 17506.5
  • locked container: means a secure container that is fully enclosed and locked by a padlock, keylock, combination lock, or similar locking device. See California Penal Code 16850
  • low-emission motor vehicle: means a motor vehicle which has been certified by the state board to meet all applicable emission standards and which meets at least one of the following additional requirements:

    California Health and Safety Code 43800

  • machinegun: means any weapon that shoots, is designed to shoot, or can readily be restored to shoot, automatically more than one shot, without manual reloading, by a single function of the trigger. See California Penal Code 16880
  • magazine disconnect mechanism: means a mechanism that prevents a semiautomatic pistol that has a detachable magazine from operating to strike the primer of ammunition in the firing chamber when a detachable magazine is not inserted in the semiautomatic pistol. See California Penal Code 16900
  • Maintenance: means the ongoing upkeep of buildings, equipment, grounds, and utilities required to keep a building and its systems in a condition adequate to support its designed level of service. See California Government Code 70301
  • malfunction: means a failure to properly feed, fire, or eject a round, or failure of a pistol to accept or eject the magazine, or failure of a pistol's slide to remain open after the magazine has been expended. See California Penal Code 31905
  • manager: means a manager of a limited liability company. See California Business and Professions Code 17901.5
  • Managing entity: means the person who undertakes the duties, responsibilities, and obligations of the management of a time-share plan. See California Business and Professions Code 11212
  • MBTCAC: means the California Tax Credit Allocation Committee created by Section 50199. See California Government Code 8869.82
  • Measuring instrument: means any device, contrivance, apparatus, or instrument used, or designed to be used, for ascertaining measure and includes any tool, appliance, or accessory used or connected therewith. See California Business and Professions Code 12500
  • Mobile Source Air Pollution Reduction Review Committee: means the Mobile Source Air Pollution Reduction Review Committee created by Section 44244. See California Health and Safety Code 44275
  • Money: means a medium of exchange currently authorized or adopted by a domestic or foreign government. See California Commercial Code 1201
  • month: means a calendar month, unless otherwise expressed. See California Civil Code 14
  • Month: means a calendar month, unless otherwise expressed. See California Code of Civil Procedure 17
  • Mortgage loan: A loan made by a lender to a borrower for the financing of real property. Source: OCC
  • Mortgagor: The person who pledges property to a creditor as collateral for a loan and who receives the money.
  • Museum: means a public or private nonprofit institution that is organized on a permanent basis for essentially educational or aesthetic purposes and that owns or uses tangible objects, cares for those objects, and exhibits them to the general public on a regular basis. See California Education Code 20052
  • National Bank: A bank that is subject to the supervision of the Comptroller of the Currency. The Office of the Comptroller of the Currency is a bureau of the U.S. Treasury Department. A national bank can be recognized because it must have "national" or "national association" in its name. Source: OCC
  • 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
  • Net: means any gear made of any kind of twine, thread, string, rope, wire, wood, or other materials used for the gilling, entangling, trapping, or impounding of fish. See California Fish and Game Code 56
  • Net contract price: means the new consideration the buyer is obligated to pay for the assets less each of the following:

    California Commercial Code 6102

  • Net proceeds: means the new consideration received for assets sold at a sale by auction or a sale conducted by a liquidator on the seller's behalf less each of the following:

    California Commercial Code 6102

  • 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.
  • Nonprofit organization: means any nonprofit public benefit corporation that is formed pursuant to the Nonprofit Corporation Law (commencing with Section 500 of the Corporations Code), qualified to do business in California, and qualified under Section 501(c)(3) of the Internal Revenue Code, that has, among its principal charitable purposes, the preservation of historic or cultural resources for cultural, scientific, historic, educational, recreational, agricultural, or scenic opportunities. See California Education Code 20052
  • Nonresident: means a person who is not a resident of this State at the time the accident or collision occurs or at the time a cause of action or claim for relief arises against him, and also means a person who, at the time the accident or collision occurs or at the time a cause of action or claim for relief arises against him is a resident of this State but subsequently becomes a nonresident of this State. See California Harbors and Navigation Code 600
  • Notice: includes all papers and orders required to be served in any proceedings before any court, board, or officer, or when required by law to be served independently of such proceeding. See California Government Code 26660
  • NOx: means oxides of nitrogen. See California Health and Safety Code 44275
  • Noxious weed seed: means the seed or propagule of any species of noxious weed, as defined in Section 5004. See California Food and Agricultural Code 52256
  • Oath: includes affirmation. See California Government Code 15
  • Oath: A promise to tell the truth.
  • Offer: means any inducement, solicitation, or other attempt, whether by marketing, advertisement, oral or written presentation, or any other means, to encourage a person to acquire a time-share interest in a time-share plan, other than as security for an obligation. See California Business and Professions Code 11212
  • Office: means the Office of Environmental Health Hazard Assessment. See California Health and Safety Code 39655
  • Open-end credit: A credit agreement (typically a credit card) that allows a customer to borrow against a preapproved credit line when purchasing goods and services. The borrower is only billed for the amount that is actually borrowed plus any interest due. (Also called a charge account or revolving credit.) Source: OCC
  • oral and maxillofacial pathologist: means any person licensed by the department under Section 1264 to engage in, or supervise others engaged in, clinical laboratory practice limited to his or her area of specialization or to direct a clinical laboratory, or portion thereof, limited to his or her area of specialization. See California Business and Professions Code 1207
  • Oral argument: An opportunity for lawyers to summarize their position before the court and also to answer the judges' questions.
  • Organization: means a person other than an individual. See California Commercial Code 1201
  • Oversight: Committee review of the activities of a Federal agency or program.
  • Owner: means any person, including his or her legal representative, who has or had a legal or equitable interest in unclaimed property. See California Code of Civil Procedure 1601
  • Owner: means a person who owns or controls 10 percent or more of the equity of, or otherwise has claim to 10 percent or more of the net income of, a telephonic seller. See California Business and Professions Code 17511.2
  • Owner: means a depositor in case of a deposit, a beneficiary in case of a trust, or creditor, claimant, or payee in case of other choses in action, or any person having a legal or equitable interest in property subject to this chapter, or his or her legal representative. See California Code of Civil Procedure 1501
  • ownership interest: means the possession of equity in capital, stock, or profits. See California Business and Professions Code 1211
  • Parking area: means a parking lot or other property provided by a retailer for use by a customer for parking an automobile or other vehicle. See California Business and Professions Code 22435
  • Participant: as used in this article , means a seller of travel, as defined in Section 17550. See California Business and Professions Code 17550.36
  • peace officer: signify any one of the officers mentioned in Chapter 4. See California Penal Code 7
  • Person: includes any individual, partnership, corporation, limited liability company, unincorporated association, or other legal entity. See California Code of Civil Procedure 1601
  • Person: means any person, firm, partnership, association, corporation, organization, limited liability company, or business trust. See California Streets and Highways Code 19
  • 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 a natural person, corporation, limited liability company, partnership, joint venture, association, estate, trust, government, governmental subdivision or agency, or other legal entity, or any combination thereof. See California Business and Professions Code 11212
  • Person: includes an individual, firm, association, corporation, partnership, joint venture, or any other business entity. See California Business and Professions Code 17511.2
  • Person: means any person, firm, association, organization, partnership, limited liability company, business trust, corporation, or company. See California Harbors and Navigation Code 19
  • Person: means an individual, a corporation, a partnership, a limited liability company, a joint venture, an association, a joint stock company, a trust, or any other form of a legal entity, and includes the agents and employees of that person. See California Financial Code 51000
  • person: includes any individual, partnership, firm, association, or corporation. See California Business and Professions Code 17506
  • 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 individual, business association, government or governmental subdivision or agency, two or more persons having a joint or common interest, or any other legal or commercial entity, whether that person is acting in his or her own right or in a representative or fiduciary capacity. See California Code of Civil Procedure 1501
  • Person: means any individual, organization, or corporate body, except that only individuals may be licensed under this chapter. See California Business and Professions Code 4927
  • Person: means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, government, governmental subdivision, agency, or instrumentality, public corporation, or any other legal or commercial entity. See California Commercial Code 1201
  • person: includes firm, association, partnership, individual, limited liability company, and corporation. See California Business and Professions Code 1201
  • Person: as used in this chapter includes an individual, a firm, partnership, corporation, limited liability company, association or other organization, or any combination thereof. See California Business and Professions Code 7025
  • Person: means any person, association, organization, partnership, business trust, limited liability company, or corporation. See California Labor Code 18
  • 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 individuals, limited liability companies, partnerships and other associations, and corporations. See California Business and Professions Code 17902
  • Person: includes a promoter, club, individual, corporation, partnership, limited liability company, association, or other organization. See California Business and Professions Code 18830
  • Person aggrieved: as used in this article , means a passenger, as defined in Section 17550. See California Business and Professions Code 17550.37
  • Personal property: includes money, goods, chattels, things in action, and evidences of debt. See California Code of Civil Procedure 17
  • personally identifiable: as used in this part , includes all of the following information:

    California Education Code 56515

  • Pesticide: means any economic poison as defined in Section 12753 of the Food and Agricultural Code. See California Health and Safety Code 39655
  • Phase I environmental assessment: means a preliminary assessment of a property to determine whether there has been or may have been a release of a hazardous material, or whether a naturally occurring hazardous material is present, based on reasonably available information about the property and the area in its vicinity. See California Education Code 17210
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • plan: means the south coast district air quality management plan. See California Health and Safety Code 40408
  • 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.
  • Pledge: means pledge, assign, place a charge upon and place a lien upon. See California Government Code 53500
  • portable equipment: includes any portable internal combustion engine and equipment that is associated with, and driven by, any portable internal combustion engine. See California Health and Safety Code 41751
  • portable internal combustion engine: is a ny internal combustion engine that, by itself, or contained within or attached to a piece of equipment, is portable or transportable. See California Health and Safety Code 41751
  • portable or transportable: means designed to be, and capable of being, carried or moved from one location to another. See California Health and Safety Code 41751
  • Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
  • 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.
  • Preconstruction services: means advice during the design phase including, but not limited to, scheduling, pricing, and phasing to assist the school district to design a more constructible project. See California Education Code 17400
  • Preliminary apportionment: means an apportionment made for eligible applicants under this article in advance of full compliance with all of the application requirements otherwise required for an apportionment pursuant to this chapter. See California Education Code 17078.52
  • Preliminary endangerment assessment: means an activity that is performed to determine whether current or past hazardous material management practices or waste management practices have resulted in a release or threatened release of hazardous materials, or whether naturally occurring hazardous materials are present, which pose a threat to children's health, children's learning abilities, public health or the environment. See California Education Code 17210
  • Preliminary hearing: A hearing where the judge decides whether there is enough evidence to make the defendant have a trial.
  • Preservation: includes , but is not limited to, identification, evaluation, recordation, restoration, stabilization, development, and reconstruction, or any combination of those activities. See California Education Code 20052
  • 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.
  • Principal: means an owner, an executive officer of a corporation, a general partner of a partnership, a sole proprietor of a sole proprietorship, a trustee of a trust, or any other individual with similar supervisory functions with respect to any person. See California Business and Professions Code 17511.2
  • Principal act: means the law providing for the creation or change in boundaries of a district. See California Government Code 58901
  • Principal county: means the county having all or the greatest portion of the entire assessed valuation, as shown on the last equalized assessment roll of the county or counties, of all taxable property in the district. See California Government Code 61002
  • Private activity bond: means a part or all of any bond, or other instrument, required to obtain a portion of the state's volume cap pursuant to Sections 142(k) and 146 of the Internal Revenue Code (26 U. See California Government Code 8869.82
  • Private activity bond limit: means any portion of the state ceiling allocated or transferred to a state agency or local agency pursuant to this chapter. See California Government Code 8869.82
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Probation officers: Screen applicants for pretrial release and monitor convicted offenders released under court supervision.
  • Process: includes all writs, warrants, summons, and orders of courts of justice, or judicial officers. See California Government Code 26660
  • Process: includes a writ or summons issued in the course of judicial proceedings of either a civil or criminal nature. See California Government Code 22
  • Process: signifies a writ or summons issued in the course of a judicial proceeding. See California Code of Civil Procedure 17
  • Program: means the Carl Moyer Memorial Air Quality Standards Attainment Program created by subdivision (a) of Section 44280. See California Health and Safety Code 44275
  • Project: means the purposes for which a district has applied for assistance in the rehabilitation or replacement of unsafe school facilities at a given attendance center. See California Education Code 16314
  • Project: means any one or more dormitories or other housing facilities, boarding facilities, student union or activity facilities, vehicle parking facilities, or any other auxiliary or supplementary facilities for individual or group accommodation, owned or operated or authorized to be acquired, constructed, furnished, equipped, and operated by the board for use by students, faculty members, or other employees of any one or more community colleges, or a combination of such facilities, which may include facilities already completed and facilities authorized for future completion, designated by the board as a project in providing for the issuance of revenue bonds. See California Education Code 81902
  • project: shall be deemed to include any or all of the purposes for which a school district has applied for apportionments under this chapter, pursuant to any regulations that the State Allocation Board may adopt. See California Education Code 16002
  • Promotion: means a plan or device, including one involving the possibility of a prospective purchaser receiving a vacation, discount vacation, gift, or prize, used by a developer, or an agent, independent contractor, or employee of any of the same on behalf of the developer, in connection with the offering and sale of time-share interests in a time-share plan. See California Business and Professions Code 11212
  • Property: includes both personal and real property. See California Code of Civil Procedure 17
  • property: includes both real and personal property. See California Penal Code 7
  • Proposal: means any proposal for the formation of a new, or change in the boundaries of an existing, district. See California Government Code 58901
  • Proposed schoolsite: means real property acquired or to be acquired or proposed for use as a schoolsite, prior to its occupancy as a school. See California Education Code 17210
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • prospective purchaser: means a person who is solicited to become or does become obligated to a telephonic seller. See California Business and Professions Code 17511.2
  • Prudent investor standard: means the prudent investor rule described in Article 2. See California Financial Code 51000
  • Public agency: means a federal agency, state agency, city, county, district, association of governments, joint powers agency, or tribal organization. See California Education Code 20052
  • Public debt: Cumulative amounts borrowed by the Treasury Department or the Federal Financing Bank from the public or from another fund or account. The public debt does not include agency debt (amounts borrowed by other agencies of the Federal Government). The total public debt is subject to a statutory limit.
  • Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
  • Public library: means a library, or two or more libraries, that is operated by a single public jurisdiction and that serves its residents free of charge. See California Education Code 18710
  • Public report: means a preliminary public report, conditional public report, final public report, or other such disclosure document authorized for use in connection with the offering of time-share interests pursuant to this chapter. See California Business and Professions Code 11212
  • Purchase: means taking by sale, lease, discount, negotiation, mortgage, pledge, lien, security interest, issue or reissue, gift, or any other voluntary transaction creating an interest in property. See California Commercial Code 1201
  • Purchase contract: means a document pursuant to which a developer becomes legally obligated to sell, and a purchaser becomes legally obligated to buy, a time-share interest. See California Business and Professions Code 11212
  • Purchaser: means any person, other than a developer, who by means of a voluntary transfer for consideration acquires a legal or equitable interest in a time-share plan other than as security for an obligation. See California Business and Professions Code 11212
  • Qualified representative of the commissioner: means a deputy commissioner or inspector who holds an appropriate certificate of qualification issued by the director as provided in Chapter 2 (commencing with Section 2101) of Division 2 of this code. See California Food and Agricultural Code 39
  • qualifier: as used in this chapter , means a person who qualifies for a license pursuant to Section 7068. See California Business and Professions Code 7025
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Reconstruction: means the renovation, replacement, or rebuilding of damaged or destroyed facilities which will enable this recovery to occur. See California Government Code 8877.4
  • Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. See California Commercial Code 1201
  • 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
  • Recovery: means the overall short-term and long-term restoration of social, economic, and institutional activity to levels comparable to those which existed prior to the disaster. See California Government Code 8877.4
  • Recovery Account: shall be deemed to refer to the Consumer Recovery Account. See California Business and Professions Code 10450.6
  • Redevelopment agency: means a redevelopment agency established pursuant to Part 1 (commencing with Section 33000) of Division 24 of the Health and Safety Code and includes a community development commission exercising the powers granted to a redevelopment agency pursuant to Section 34141 of the Health and Safety Code. See California Government Code 53595
  • refunding bonds: means bonds issued to refund bonds. See California Government Code 53580
  • registrant: means a person or entity who is filing or has filed a fictitious business name statement, and who is the legal owner of the business. See California Business and Professions Code 17903
  • Regulations: means the rules and regulations set forth in Division 20 (commencing with Section 2000) of Title 16 of the California Code of Regulations. See California Business and Professions Code 4810
  • related services: means transportation, and such developmental, corrective, and other supportive services (including speech-language pathology and audiology services, interpreting services, psychological services, physical and occupational therapy, recreation, including therapeutic recreation, social work services, school nurse services designed to enable an individual with exceptional needs to receive a free appropriate public education as described in the individualized education program of the child, counseling services, including rehabilitation counseling, orientation, and mobility services, and medical services, except that such medical services shall be for diagnostic and evaluation purposes only) as may be required to assist an individual with exceptional needs to benefit from special education, and includes the early identification and assessment of disabling conditions in children. See California Education Code 56363
  • Remand: When an appellate court sends a case back to a lower court for further proceedings.
  • Remedial action plan: means a plan approved by the Department of Toxic Substances Control pursuant to Section 25356. See California Education Code 17210
  • Remedy: means any remedial right to which an aggrieved party is entitled with or without resort to a tribunal. See California Commercial Code 1201
  • 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).
  • Repower: means replacing an engine with a different engine. See California Health and Safety Code 44275
  • Representative: means a person empowered to act for another, including an agent, an officer of a corporation or association, and a trustee, executor, or administrator of an estate. See California Commercial Code 1201
  • Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
  • Reservation system: means the method, arrangement, or procedure by which a purchaser, in order to reserve the use or occupancy of any accommodation of a multisite time-share plan for one or more time-share periods, is required to compete with other purchasers in the same multisite time-share plan, regardless of whether the reservation system is operated and maintained by the multisite time-share plan managing entity, an exchange company, or any other person. See California Business and Professions Code 11212
  • Residuals: means payments pursuant to a collective bargaining agreement of additional compensation for domestic and foreign uses of recorded materials. See California Code of Civil Procedure 1501
  • Responsibility for facilities: means the obligation of providing, operating, maintaining, altering, and renovating a building that contains the facilities. See California Government Code 70301
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • Retrofit: means making modifications to the engine and fuel system so that the retrofitted engine does not have the same specifications as the original engine. See California Health and Safety Code 44275
  • Returned: means those moneys sent by a district to the state board for reallocation because those moneys are not liquidated by a liquidation deadline. See California Health and Safety Code 44275
  • Revenue-producing facility: means an improvement, works, system or facility furnishing or providing services or products for which the local agency is authorized to impose a charge. See California Government Code 53500
  • Right: includes remedy. See California Commercial Code 1201
  • safety: is a utomatically applied by the pistol, this feature shall not be defeated. See California Penal Code 31900
  • sale: shall include a gift made with the hope or expectation of monetary compensation. See California Business and Professions Code 17510.1
  • Salesperson: when used without modification, means a person licensed as a salesperson under any of the provisions of this part. See California Business and Professions Code 10013
  • Salesperson: means any individual employed, appointed or authorized by a telephonic seller, whether referred to by the telephonic seller as an agent, representative, or independent contractor, who attempts to solicit or solicits a sale on behalf of the telephonic seller. See California Business and Professions Code 17511.2
  • school: means any place, establishment, or institution organized and operated to offer training for one or more of the personnel classifications included in this chapter or the regulations pertaining thereto. See California Business and Professions Code 1213
  • School building: as used in this article means and includes any building used, or designed to be used, for elementary or secondary school purposes and constructed, reconstructed, altered, or added to, by the state or by any city or city and county, or by any political subdivision, or by any school district of any kind within the state, or by any regional occupational center or program created by or authorized to act by an agreement under joint exercise of power, or by the United States government, or any agency thereof. See California Education Code 17283
  • School building: as used in this article shall be limited to any physical structure capable of being occupied by pupils, but shall exclude, (a) any bleacher or grandstand with less than six rows of seats, (b) any building which is used exclusively for warehouse, storage, garage, or districtwide administrative office purposes, into which pupils are not required to enter, and buildings utilized by adult schools for off-campus, voluntary adult education courses or registered apprentice courses, (c) any swimming pool, or (d) any yard or lighting poles or flagpoles or playground equipment which does not exceed 35 feet in height. See California Education Code 17368
  • Schoolbus project: means the purchase of new schoolbuses or the repower or retrofit of emissions control equipment for existing schoolbuses. See California Health and Safety Code 44275
  • Secretary: means the Secretary of Food and Agriculture. See California Food and Agricultural Code 35
  • Secretary: means the secretary of the board of directors. See California Government Code 61002
  • Security interest: includes any interest of a consignor and a buyer of accounts, chattel paper, a payment intangible, or a promissory note in a transaction that is subject to Division 9 (commencing with Section 9101). See California Commercial Code 1201
  • Sell: includes offer for sale, expose for sale, possess for sale, exchange, barter, or trade. See California Food and Agricultural Code 44
  • seller: means a person who, on his or her own behalf or through salespersons or through the use of an automatic dialing-announcing device, as defined in Section 2871 of the Public Utilities Code, causes a telephone solicitation or attempted telephone solicitation to occur which meets the criteria specified in subdivision (a), (b), (c), or (d) and who is not exempted by subdivision (e), as follows:

    California Business and Professions Code 17511.1

  • Service station: as used in this chapter , means any establishment which offers for sale or sells gasoline or other motor vehicle fuel to the public. See California Business and Professions Code 13650
  • Shared use: refers to a building which is used for both court and noncourt purposes. See California Government Code 70301
  • Sheriff: includes marshal. See California Code of Civil Procedure 17
  • Shopping cart: means a basket which is mounted on wheels or a similar device generally used in a retail establishment by a customer for the purpose of transporting goods of any kind. See California Business and Professions Code 22435
  • short-barreled rifle: means any of the following:

    California Penal Code 17170

  • short-barreled shotgun: means any of the following:

    California Penal Code 17180

  • Short-term product: means the right to use accommodations on a one-time or recurring basis for a period or periods not to exceed 30 days per stay and for a term of three years or less, and that includes an agreement that all or a portion of the consideration paid by a person for the short-term product will be applied to or credited against the price of a future purchase of a time-share interest or that the cost of a future purchase of a time-share interest will be fixed or locked-in at a specified price. See California Business and Professions Code 11212
  • Signed: includes using any symbol executed or adopted with present intention to adopt or accept a writing. See California Commercial Code 1201
  • Site: includes one or more sites, and also may include any building or buildings located or to be located on a site. See California Education Code 17400
  • solicitation for charitable purposes: means any request, plea, entreaty, demand, or invitation, or attempt thereof, to give money or property, in connection with which any of the following applies:

    California Business and Professions Code 17510.2

  • 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 53412
  • Special improvement: means any modification that increases the designed level of services of a building, or a one-time modification of a building that is not expected to be repeated during the lifetime of the building. See California Government Code 70301
  • Special repair: means modifications that maintain the designed level of services of a building and does not include a special improvement. See California Government Code 70301
  • Spouse: includes "registered domestic partner" as required by Section 297. See California Government Code 12.2
  • Spouse: includes "registered domestic partner" as required by Section 297. See California Harbors and Navigation Code 12.2
  • Spouse: includes "registered domestic partner" as required by Section 297. See California Business and Professions Code 14.2
  • spouse: includes a registered domestic partner, as required by Section 297. See California Civil Code 14
  • State: means the State of California. See California Government Code 8869.82
  • State: means the State of California, unless applied to the different parts of the United States. See California Fish and Game Code 83
  • State: means the State of California, unless applied to the different parts of the United States. See California Harbors and Navigation Code 20
  • 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 a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. See California Commercial Code 1201
  • 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 act: means the Carpenter-Presley-Tanner Hazardous Substance Account Act (Chapter 6. See California Education Code 17210
  • State agency: means the state and all state entities, including joint powers authorities of which the state or agency or instrumentality thereof is a member, empowered to issue private activity bonds, the interest on which is exempt from income tax under Section 103(a) of the Internal Revenue Code (26 U. See California Government Code 8869.82
  • state agency: shall include any state board, commission, bureau, or division created pursuant to the provisions of the Business and Professions Code, the Education Code, or the Chiropractic Initiative Act to license and regulate individuals who engage in certain businesses and professions. See California Penal Code 23
  • State board: means the California Library Services Board. See California Education Code 18710
  • State ceiling: includes all of the following:

    California Government Code 8869.82

  • State School Building Aid Fund: means that fund established pursuant to Section 16096. See California Education Code 17087
  • state-designated cultural district: means a geographical area certified pursuant to this chapter with a concentration of cultural facilities, creative enterprises, or arts venues that does any of the following:

    California Government Code 8758

  • Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
  • Steam vessel: means any vessel which is propelled by machinery. See California Harbors and Navigation Code 22
  • strategy: means the Sacramento district air quality improvement strategy. See California Health and Safety Code 40953
  • Subdivision: means a subdivision of the section in which that term occurs unless some other section is expressly mentioned. See California Food and Agricultural Code 49
  • Subpoena duces tecum: A command to a witness to produce documents.
  • supervised financial institution: means any commercial bank, trust company, savings and loan association, credit union, industrial loan company, finance lender or broker, or insurer, provided that the institution is subject to supervision by an official or agency of this state or of the United States. See California Business and Professions Code 17511.1
  • Supervising authority: means the board of supervisors, city council or the governing body authorized by law to act upon proceedings for the formation of a new, or change in boundaries of an existing, district. See California Government Code 58901
  • System: means a cooperative library system. See California Education Code 18710
  • Take: means hunt, pursue, catch, capture, or kill, or attempt to hunt, pursue, catch, capture, or kill. See California Fish and Game Code 86
  • Tax increment: means that portion of tax revenues allocated to a redevelopment agency pursuant to subdivision (b) of Section 33670 of the Health and Safety Code. See California Government Code 53595
  • Tax increment agreement: means any agreement between a local agency and a redevelopment agency which allocates tax increment to the local agency pursuant to Section 33401 of the Health and Safety Code. See California Government Code 53595
  • Tax increment revenues: means tax increment received or receivable by a local agency pursuant to a tax increment agreement. See California Government Code 53595
  • tax obligation: means the tax imposed under, or in accordance with, Part 1 (commencing with Section 6001), Part 1. See California Business and Professions Code 31
  • 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.
  • Term: means a portion of an agreement that relates to a particular matter. See California Commercial Code 1201
  • Testify: Answer questions in court.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Time-share instrument: means one or more documents, by whatever name denominated, creating or governing the operation of a time-share plan and includes the declaration dedicating accommodations to the time-share plan. See California Business and Professions Code 11212
  • Time-share interest: means and includes either of the following:

    California Business and Professions Code 11212

  • Time-share period: means the period or periods of time when the purchaser of a time-share plan is afforded the opportunity to use the accommodations of a time-share plan. See California Business and Professions Code 11212
  • Time-share plan: means any arrangement, plan, scheme, or similar device, other than an exchange program, whether by membership agreement, sale, lease, deed, license, right to use agreement, or by any other means, whereby a purchaser, in exchange for consideration, receives ownership rights in or the right to use accommodations for a period of time less than a full year during any given year, on a recurring basis for more than one year, but not necessarily for consecutive years. See California Business and Professions Code 11212
  • Time-share property: means one or more accommodations subject to the same time-share instrument, together with any other property or rights to property appurtenant to those accommodations. See California Business and Professions Code 11212
  • Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
  • Town: includes "unincorporated town" and "village. See California Government Code 21
  • Toxic air contaminant: means an air pollutant which may cause or contribute to an increase in mortality or in serious illness, or which may pose a present or potential hazard to human health. See California Health and Safety Code 39655
  • Traffic in: refers to transactions that include, but are not limited to, sales, purchases, loans, pledges, licenses, exchanges of currency, or any other transfer for consideration or receipt in exchange for consideration. See California Business and Professions Code 17527
  • trainee: means any person licensed under this chapter for the purpose of receiving comprehensive practical experience and instruction in clinical laboratory procedures in one of the sciences or in general clinical laboratory science under the direct and responsible supervision of a person authorized to direct a laboratory under the provisions of this chapter, clinical laboratory scientist, clinical chemist scientist, clinical microbiologist scientist, clinical toxicologist scientist, clinical immunohematologist scientist, clinical genetic molecular biologist scientist, clinical cytogeneticist scientist, clinical histocompatibility scientist, or other equivalent licensee in the science or specialty or subspecialty for which he or she is licensed in a clinical laboratory certified for this purpose by the department under this chapter. See California Business and Professions Code 1205
  • 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.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Trustor: The person who makes or creates a trust. Also known as the grantor or settlor.
  • Unacceptable seismic safety rating: means a rating of either "substantial risk" (level V), "extensive but not imminent risk" (level VI), or "imminent risk" (level VII) under the Risk Acceptability Table of the State Building Seismic Program as developed by the Division of the State Architect, April 1994, p. See California Government Code 70301
  • Unclaimed property: means any tangible personal property or intangible personal property, including choses in action in amounts certain, and all debts owed or entrusted funds or other property held by any federal agency or any officer or employee thereof, whether occasioned by contract or operation of law or otherwise, except bonuses and gratuities, which has remained unclaimed by the owner for:

    California Code of Civil Procedure 1601

  • unconventional pistol: means a firearm with both of the following characteristics:

    California Penal Code 17270

  • Underserved: means any population segment with exceptional service needs not adequately met by traditional library service patterns, including, but not limited to, those persons who are geographically isolated, economically disadvantaged, functionally illiterate, of non-English-speaking or limited-English-speaking ability, homebound, or institutionalized, or who are persons with disabilities. See California Education Code 18710
  • 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
  • union high school: shall be deemed to mean unified school district. See California Education Code 18311
  • United States: includes its territories and possessions and the Commonwealth of Puerto Rico. See California Commercial Code 6102
  • unlicensed laboratory personnel: means a laboratory aide, histocompatibility technician, cardiopulmonary technician, or other person performing the activities authorized by Section 1269. See California Business and Professions Code 1212
  • unsafe handgun: means any pistol, revolver, or other firearm capable of being concealed upon the person, for which any of the following is true:

    California Penal Code 31910

  • Usable space: means space that an occupier of a facility can actually use and may allocate to house personnel and furniture. See California Government Code 70301
  • User fees: Fees charged to users of goods or services provided by the government. In levying or authorizing these fees, the legislature determines whether the revenue should go into the treasury or should be available to the agency providing the goods or services.
  • User rights: means the right to exclusive use of the noncommon area within a building allocated to that use as well as shared use of the common areas of the building and the appurtenant grounds and parking. See California Government Code 70301
  • Value: means fair market value. See California Commercial Code 6102
  • Variable Rate: Having a "variable" rate means that the APR changes from time to time based on fluctuations in an external rate, normally the Prime Rate. This external rate is known as the "index." If the index changes, the variable rate normally changes. Also see Fixed Rate.
  • Verdict: The decision of a petit jury or a judge.
  • Verified: means signed and sworn to or affirmed. See California Commercial Code 6102
  • Very low emission vehicle: means a heavy-duty vehicle with emissions significantly lower than otherwise applicable baseline emission standards or uncontrolled emission levels pursuant to Section 44282. See California Health and Safety Code 44275
  • Vessel: includes ships of all kinds, steamboats, steamships, canal boats, barges, sailing vessels, and every structure adapted to be navigated from place to place for the transportation of merchandise or persons. See California Harbors and Navigation Code 21
  • Veto: The procedure established under the Constitution by which the President/Governor refuses to approve a bill or joint resolution and thus prevents its enactment into law. A regular veto occurs when the President/Governor returns the legislation to the house in which it originated. The President/Governor usually returns a vetoed bill with a message indicating his reasons for rejecting the measure. In Congress, the veto can be overridden only by a two-thirds vote in both the Senate and the House.
  • Voice vote: A vote in which the Presiding Officer states the question, then asks those in favor and against to say "Yea" or "Nay," respectively, and announces the result according to his or her judgment. The names or numbers of legisators voting on each side are not recorded.
  • Voir dire: The process by which judges and lawyers select a petit jury from among those eligible to serve, by questioning them to determine knowledge of the facts of the case and a willingness to decide the case only on the evidence presented in court. "Voir dire" is a phrase meaning "to speak the truth."
  • Voter: means a voter as defined by Section 359 of the Elections Code. See California Government Code 61002
  • Warehouse receipt: means a receipt issued by a person engaged in the business of storing goods for hire. See California Commercial Code 1201
  • Wharf: includes pier, quay, or landing. See California Harbors and Navigation Code 23
  • wholesaler: means any person who is licensed as a dealer pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code and the regulations issued pursuant thereto, who sells, transfers, or assigns firearms, or parts of firearms, to persons who are licensed as manufacturers, importers, or gunsmiths pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code, or persons licensed pursuant to Sections 26700 to 26915, inclusive, and includes persons who receive finished parts of firearms and assemble them into completed or partially completed firearms in furtherance of that purpose. See California Penal Code 17340
  • will: includes codicil. See California Penal Code 7
  • Will: includes codicil. See California Code of Civil Procedure 17
  • Writing: includes any form of recorded message capable of comprehension by ordinary visual means. See California Financial Code 8
  • Writing: includes printing, typewriting, or any other intentional reduction to tangible form. See California Commercial Code 1201
  • Writing: includes printing and typewriting. See California Code of Civil Procedure 17
  • Zone: means a zone formed pursuant to Chapter 5 (commencing with Section 61140) of Part 3. See California Government Code 61002