California Codes > Code of Civil Procedure > Part 3 > Title 9


Chapter 1	General Provisions
Chapter 2	Enforcement of Arbitration Agreements
Chapter 3	Conduct of Arbitration Proceedings
Chapter 4	Enforcement of the Award
Chapter 5	General Provisions Relating toJudicial Proceedings

Terms Used In California Codes > Code of Civil Procedure > Part 3 > Title 9 - ARBITRATION

Acquiring district: means a district in which all or a part of a state-aided district or an applicant district has been included. See California Education Code 16150
Acquittal:
1. Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
2. A verdict of "not guilty."
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.
Administrator: means the Administrator of Local Agency Security of the State of California. See California Government Code 53630
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
Agent: means every person other than the employer having the authority to hire or discharge any employee or supervise, direct, or control the acts of employees. See California Labor Code 350
Agent of depository: means a trust company or trust department of a state or national bank located in this state, including the trust department of a depository where authorized, and the Federal Home Loan Bank of San Francisco, which is authorized to act as an agent of depository for the purposes of this article pursuant to Section 53657. See California Government Code 53630
Agreement: includes , but is not limited to, agreements providing for valuations, appraisals, and similar proceedings and agreements between employers and employees or between their respective representatives. See California Code of Civil Procedure 1280
Aide: means an individual who provides supportive services to an occupational therapist or occupational therapy assistant and who is trained by an occupational therapist or occupational therapy assistant to perform, under appropriate supervision, delegated, selected client and nonclient-related tasks for which the aide has demonstrated competency. See California Business and Professions Code 2570.2
Allegation: something that someone says happened.
Amortization: Paying off a loan by regular installments.
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}
Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
applicant: means an applicant for employment. See California Labor Code 400
applicant: means an applicant for employment. See California Labor Code 430
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
Appraisal: A determination of property value.
Approved: means acceptable to the department. See California Health and Safety Code 17920
aquaculture: means the culture and husbandry of aquatic organisms, including, but not limited to, fish, shellfish, mollusks, crustaceans, kelp, and algae. See California Public Resources Code 828
Association: means the Occupational Therapy Association of California or a similarly constituted organization representing occupational therapists in this state. See California Business and Professions Code 2570.2
Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
Authority: shall mean the California Transportation Financing Authority. See California Government Code 64102
Award: includes , but is not limited to, an award made pursuant to an agreement not in writing. See California Code of Civil Procedure 1280
Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. ^{Source: OCC}
Bequest: Property gifted by will.
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: as used in this chapter , means the Board of Behavioral Sciences. See California Business and Professions Code 4980.03
Board: means the California Board of Occupational Therapy. See California Business and Professions Code 2570.2
board: means Agricultural Labor Relations Board. See California Labor Code 1140.4
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 the State Allocation Board. See California Education Code 16002
Bonds: shall mean bonds, notes, debentures, commercial paper, or any other evidence of indebtedness, lease, installment, sale, or certificate of participation thereon, issued by the authority or a project sponsor pursuant to this division. See California Government Code 64102
Building: means a structure subject to this part. See California Health and Safety Code 17920
Building standard: means building standard as defined in Section 18909. See California Health and Safety Code 17920
bus: is a ny vehicle, including a trailer bus, designed, used, or maintained for carrying more than 15 persons including the driver. See California Vehicle Code 233
business: includes a proprietorship, partnership, corporation, and any other form of commercial enterprise. See California Vehicle Code 234
Business: means any business establishment or enterprise, regardless of where conducted. See California Labor Code 350
camper: is a structure designed to be mounted upon a motor vehicle and to provide facilities for human habitation or camping purposes. See California Vehicle Code 243
Campus-recognized sorority or fraternity: means a sorority or fraternity that has officially met the formal chartering and recognition requirements at the institution where it operates. See California Education Code 66312
Chambers: A judge's office.
Chapter house: means any residence located on or off campus that is owned by the institution of higher education but occupied by a campus-recognized sorority or fraternity, or any residence located on or off campus that is owned and occupied by the campus-recognized sorority or fraternity. See California Education Code 66312
City: includes every city and city and county within this State. See California Vehicle Code 255
City: includes city and county. See California Business and Professions Code 18
Commercial coach: as used in this part has the same meaning as defined in Section 18001. See California Health and Safety Code 18862.11
Commission: shall mean the California Transportation Commission. See California Government Code 64102
Commissioner: means the Insurance Commissioner of this State. See California Insurance Code 20
Commissioner: means any county agricultural commissioner. See California Food and Agricultural Code 26
Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
Consumer: means an individual who seeks, uses, or acquires, by purchase or lease, any goods or services for personal, family, or household purposes. See California Code of Civil Procedure 1280
Contacted: means receiving a message or directive over a portable communications device that requires a response. See California Labor Code 888
Contingency reserve: means an additional premium reserve established for the protection of policyholders against the effect of adverse economic cycles. See California Insurance Code 12640.02
Continuance: Putting off of a hearing ot trial until a later time.
Continuing competence: means a dynamic and multidimensional process in which the occupational therapist or occupational therapy assistant develops and maintains the knowledge, performance skills, interpersonal abilities, critical reasoning, and ethical reasoning skills necessary to perform current and future roles and responsibilities within the profession. See California Business and Professions Code 2570.2
Controversy: means any question arising between parties to an agreement whether the question is one of law or of fact or both. See California Code of Civil Procedure 1280
Corporation: includes a limited liability company. See California Government Code 53630
Counterclaim: A claim that a defendant makes against a plaintiff.
County: includes city and county. See California Health and Safety Code 14
County: includes every county and city and county within this State. See California Vehicle Code 270
County: includes "city and county. See California Insurance Code 14
County: includes "city and county. See California Labor Code 14
County: includes city and county. See California Business and Professions Code 17
County: includes "city and county. See California Code of Civil Procedure 17
County: includes city and county. See California Food and Agricultural Code 29
Coupon: includes certificates, cards, package labels, wrappers, can covers, bottle caps or other and similar devices, which entitle the person holding or delivering or surrendering them to have them exchanged for or redeemed in goods, wares, merchandise, or services of any kind free of charge or for less than the retail price of such goods, wares, merchandise, or services. See California Business and Professions Code 17700
Covered establishment: means any industrial or commercial facility or part thereof that employs, or has employed within the preceding 12 months, 75 or more persons. See California Labor Code 1400.5
Dealer: is a person not otherwise expressly excluded by Section 286 who:
California Vehicle Code 285
Decedent: A deceased person.
Deed: The legal instrument used to transfer title in real property from one person to another.
deed of trust: as used in this part includes "mortgage. See California Business and Professions Code 10028
Department: means the Department of Housing and Community Development. See California Health and Safety Code 17920
department: means State Department of Health Services. See California Health and Safety Code 20
Department: means the Department of Motor Vehicles except, when used in Chapter 2 (commencing with Section 2100) of Division 2 and in Divisions 11 (commencing with Section 21000), 12 (commencing with Section 24000), 13 (commencing with Section 29000), 14 (commencing with Section 31600), 14. See California Vehicle Code 290
Department: means Department of Industrial Relations. See California Labor Code 19
Department: means the Department of Food and Agriculture. See California Food and Agricultural Code 32
Department: shall mean the Department of Transportation. See California Government Code 64102
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.
Depository: means a state or national bank, savings association or federal association, a state or federal credit union, or a federally insured industrial loan company, in this state in which the moneys of a local agency are deposited. See California Government Code 53630
Detention facility: means any facility in which persons are incarcerated or otherwise involuntarily confined for purposes of execution of a punitive sentence imposed by a court or detention pending a trial, hearing, or other judicial or administrative proceeding. See California Penal Code 9500
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
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
Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
Dismissal: The dropping of a case by the judge without further consideration or hearing. ^Source:
District: means an elementary, high school, or unified school district. See California Education Code 16314
Docket: A log containing brief entries of court proceedings.
Drafting party: means the company or business that included a predispute arbitration provision in a contract with a consumer or employee. See California Code of Civil Procedure 1280
driver: is a person who drives or is in actual physical control of a vehicle. See California Vehicle Code 305
dwelling: means any of the following units which are owned by a signatory to the mortgage or deed of trust secured by the dwelling unit at the time of execution of the mortgage or deed of trust:
California Business and Professions Code 10240.2
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}
Emergency ambulance employee: means a person who meets both of the following requirements:
California Labor Code 888
Emergency ambulance provider: means an employer that provides ambulance services, but not including the state, or any political subdivision thereof, in its capacity as the direct employer of a person meeting the description contained in paragraph (1) of subdivision (a). See California Labor Code 888
Emergency medical services: includes equipment, apparatus, and salaries and benefits for personnel as described in Article 5 (commencing with Section 1797. See California Government Code 53971.4
employee: shall mean one engaged in agriculture, as such term is defined in subdivision (a). See California Labor Code 1140.4
Employee: means every person, including minors and persons who are not citizens or nationals of the United States, rendering actual service in any business for an employer, whether gratuitously or for wages or pay, whether the wages or pay are measured by the standard of time, piece, task, commission, or other method of calculation, and whether the service is rendered on a commission, concessionaire, or other basis. See California Labor Code 350
Employee: means any current employee, former employee, or applicant for employment. See California Code of Civil Procedure 1280
employee in the construction industry: means an employee performing work associated with construction, including work involving alteration, demolition, building, excavation, renovation, remodeling, maintenance, improvement, repair work, and any other work as described by Chapter 9 (commencing with Section 7000) of Division 3 of . See California Labor Code 245.5
Employer: means any person, as defined by Section 18, who directly or indirectly owns and operates a covered establishment. See California Labor Code 1400.5
Employer: means any person employing another under any appointment or contract of hire and includes the state, political subdivisions of the state, and municipalities. See California Labor Code 245.5
Employer: means every person engaged in any business or enterprise in this state that has one or more persons in service under any appointment, contract of hire, or apprenticeship, express or implied, oral or written, irrespective of whether the person is the owner of the business or is operating on a concessionaire or other basis. See California Labor Code 350
Enforcement: means diligent effort to secure compliance, including review of plans and permit applications, response to complaints, citation of violations, and other legal process. See California Health and Safety Code 17920
Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
Ex officio: Literally, by virtue of one's office.
Examination: means an entry level examination for occupational therapists and occupational therapy assistants administered by the National Board for Certification in Occupational Therapy or by another nationally recognized credentialing body. See California Business and Professions Code 2570.2
exceptional children: means physically handicapped pupils, pupils with intellectual disabilities, educationally handicapped pupils, multihandicapped pupils, or pupils enrolled in development centers for the handicapped required or allowed to be educated pursuant to Part 30 (commencing with Section 56000). See California Education Code 16191
Executor: A male person named in a will to carry out the decedent
Factory-built housing: is a structure as defined in §. See California Vehicle Code 321
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.
Family member: means any of the following:
California Labor Code 245.5
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}
Federally insured industrial loan company: means an industrial loan company licensed under Division 7 (commencing with Section 18000) of the Financial Code, the investment certificates of which are insured by the Federal Deposit Insurance Corporation. See California Government Code 53630
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
Fiduciary: A trustee, executor, or administrator.
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 transaction: includes , but is not limited to, financial affairs of a local agency, as provided in Chapter 3 (commencing with Section 53400 and Chapter 4 (commencing with Section 53600)). See California Government Code 53995
fire protection services: includes , but is not limited to, emergency medical services where provided by a local agency directly or by contract. See California Government Code 53971.4
for hire: means that the entity providing transportation services is compensated for the transportation under contract or agreement. See California Vehicle Code 462
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}
Freedom of Information Act: A federal law that mandates that all the records created and kept by federal agencies in the executive branch of government must be open for public inspection and copying. The only exceptions are those records that fall into one of nine exempted categories listed in the statute. ^{Source: OCC}
general partner: means :
California Business and Professions Code 17901
Germane: On the subject of the pending bill or other business; a strict standard of relevance.
golf cart: is a motor vehicle having not less than three wheels in contact with the ground, having an unladen weight less than 1,300 pounds, which is designed to be and is operated at not more than 15 miles per hour and designed to carry golf equipment and not more than two persons, including the driver. See California Vehicle Code 345
Good standing: means that the person has a current, valid license to practice occupational therapy or assist in the practice of occupational therapy and has not been disciplined by the recognized professional licensing or standard-setting body within five years prior to application or renewal of the person's license. See California Business and Professions Code 2570.2
Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
Grantor: The person who establishes a trust and places property into it.
Gratuity: includes any tip, gratuity, money, or part thereof that has been paid or given to or left for an employee by a patron of a business over and above the actual amount due the business for services rendered or for goods, food, drink, or articles sold or served to the patron. See California Labor Code 350
Guarantor: A party who agrees to be responsible for the payment of another party's debts should that party default. ^{Source: OCC}
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.
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.
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
Highway: is a way or place of whatever nature, publicly maintained and open to the use of the public for purposes of vehicular travel. See California Vehicle Code 360
housing appeals board: means the board or agency of a city or county which is authorized by the governing body of the city or county to hear appeals regarding the requirements of the city or county relating to the use, maintenance, and change of occupancy of hotels, motels, lodginghouses, apartment houses, and dwellings, or portions thereof, and buildings and structures accessory thereto, including requirements governing alteration, additions, repair, demolition, and moving of such buildings if also authorized to hear such appeals. See California Health and Safety Code 17920.6
Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
institution: means a campus of the California Community Colleges, the California State University, or the University of California, a private postsecondary educational institution, or an independent institution of higher education. See California Education Code 66312
Issue: includes use, distribute, give away, sell and furnish. See California Business and Professions Code 17700
Issuer: shall mean the authority when the authority is the issuer of the bonds, and shall mean the project sponsor when the authority has authorized the project sponsor to be the issuer of the bonds. See California Government Code 64102
Labor: includes labor, work, or service whether rendered or performed under contract, subcontract, partnership, station plan, or other agreement if the labor to be paid for is performed personally by the person demanding payment. See California Labor Code 200
Labor Commissioner: means Chief of the Division of Labor Standards Enforcement. See California Labor Code 21
labor organization: means any organization of any kind, or any agency or employee representation committee or plan, in which employees participate and which exists, in whole or in part, for the purpose of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours of employment, or conditions of work for agricultural employees. See California Labor Code 1140.4
Lawsuit: A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty, resulting in harm to the plaintiff.
Layoff: means a separation from a position for lack of funds or lack of work. See California Labor Code 1400.5
legislative body: means the city council or board of trustees in the case of a city, the board of supervisors in the case of a county or a city and county, or the board of directors, trustees, or governors or other governing body in the case of a special district or any other municipal or public corporation or district. See California Government Code 53971
legislative body: means board of trustees, city council, or other governing body of a city. See California Government Code 34000
Legislative body: means the elected or appointed governing body or authority of a local agency. See California Government Code 53995
license: includes a license, limited permit, or any other authorization to engage in practice regulated by this chapter. See California Business and Professions Code 2570.26
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 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
Listed: means all products that appear in a list published by an approved testing or listing agency. See California Health and Safety Code 17920
listing: 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 city, county, or city and county, or a district, public authority, or any other political subdivision in the state. See California Government Code 53970
Local agency: means a city, county, city and county, special district, school district, community college district, county superintendent of schools, or any other agency of the state formed for the local performance of governmental or proprietary functions within limited boundaries. See California Government Code 53983
Local agency: means a city, county, city and county, including a chartered city, county, or city and county, redevelopment agency, special district, school district, community college district, county board of education, county superintendent of schools, or any agency of the state formed for the local performance of governmental or proprietary functions within limited boundaries. See California Government Code 53995
Local agency: means county, city, city and county, including a chartered city or county, a community college district, or other public agency or corporation in this state. See California Government Code 53630
Local consumer affairs agency: means and includes any city or county body which primarily provides consumer protection services. See California Business and Professions Code 17201.5
Manufactured home: as used in this part shall have the same meaning as defined in Section 18007. See California Health and Safety Code 18210.5
Manufactured home: is a manufactured home, as defined in §. See California Vehicle Code 387
Markup: The process by which congressional committees and subcommittees debate, amend, and rewrite proposed legislation.
mayor: includes president of the legislative body. See California Government Code 34002
Misconduct: means any conduct in violation of institutional policies reportable under Section 1092(f)(1)(F)(i)(II) and (IX) of Title 20 of the United States Code, as it read on January 1, 2022, or hazing as defined in subdivision (b) of §. See California Education Code 66312
Mobilehome: as used in this part shall have the same meaning as defined in Section 18008. See California Health and Safety Code 18211
Mobilehome: is a structure as defined in §. See California Vehicle Code 396
moped: is a two-wheeled or three-wheeled device having fully operative pedals for propulsion by human power, or having no pedals if powered solely by electrical energy, and an automatic transmission and a motor that produces less than 4 gross brake horsepower and is capable of propelling the device at a maximum speed of not more than 30 miles per hour on level ground. See California Vehicle Code 406
Mortgage: includes a trust deed, "mortgagor" includes a trustor under such trust deed, "mortgagee" includes a beneficiary under such trust deed, or a trustee exercising powers or performing duties granted to or imposed upon him thereunder, and "lien" in respect to real or personal property includes a charge or incumbrance arising out of a trust deed. See California Insurance Code 29
Mortgage guaranty insurance: means :
California Insurance Code 12640.02
Mortgage loan: A loan made by a lender to a borrower for the financing of real property. ^{Source: OCC}
Mortgagee: The person to whom property is mortgaged and who has loaned the money.
motor vehicle: includes a recreational vehicle as that term is defined in subdivision (a) of §. See California Vehicle Code 415
motor-driven cycle: is a ny motorcycle with a motor that displaces less than 150 cubic centimeters. See California Vehicle Code 405
motorcycle: is a motor vehicle having a seat or saddle for the use of the rider, designed to travel on not more than three wheels in contact with the ground. See California Vehicle Code 400
motorized quadricycle: is a four-wheeled device, and a "motorized tricycle" is a three-wheeled device, designed to carry not more than two persons, including the driver, and having either an electric motor or a motor with an automatic transmission developing less than two gross brake horsepower and capable of propelling the device at a maximum speed of not more than 30 miles per hour on level ground. See California Vehicle Code 407
motorized scooter: is a ny two-wheeled device that has handlebars, has either a floorboard that is designed to be stood upon when riding or a seat and footrests in place of the floorboard, and is powered by an electric motor. See California Vehicle Code 407.5
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}
Neutral arbitrator: means an arbitrator who is (1) . See California Code of Civil Procedure 1280
nonrepairable vehicle: is a vehicle of a type otherwise subject to registration that meets the criteria specified in subdivision (a), (b), or (c). See California Vehicle Code 431
nonrepairable vehicle certificate: is a vehicle ownership document issued to the owner of a nonrepairable vehicle. See California Vehicle Code 432
Occupational therapist: means an individual who meets the minimum education requirements specified in Section 2570. See California Business and Professions Code 2570.2
Occupational therapy: means the therapeutic use of purposeful and meaningful goal-directed activities (occupations) with individuals, groups, populations, or organizations, to support participation, performance, and function in roles and situations in home, school, workplace, community, and other settings. See California Business and Professions Code 2570.2
Occupational therapy assistant: means an individual who is licensed pursuant to the provisions of this chapter, who is in good standing as determined by the board, and based thereon, who is qualified to assist in the practice of occupational therapy under this chapter, and who works under the appropriate supervision of a licensed occupational therapist. See California Business and Professions Code 2570.2
Occupational therapy services: means the services of an occupational therapist or the services of an occupational therapy assistant under the appropriate supervision of an occupational therapist. See California Business and Professions Code 2570.2
ordinance: includes "resolution" where the local agency is authorized to act only by resolution. See California Government Code 53971.5
Original district: means a state-aided or applicant district included in whole or in part in an acquiring district. See California Education Code 16150
owner: is a person having all the incidents of ownership, including the legal title of a vehicle whether or not such person lends, rents, or creates a security interest in the vehicle. See California Vehicle Code 460
Paid sick days: means time that is compensated at the same wage as the employee normally earns during regular work hours and is provided by an employer to an employee for the purposes described in Section 246. See California Labor Code 245.5
Participating sorority or fraternity: means a sorority or fraternity described in subdivision (c). See California Education Code 66312
Party to the arbitration: means a party to the arbitration agreement, including any of the following:
California Code of Civil Procedure 1280
Pedestrian: includes a person who is operating a self-propelled wheelchair, motorized tricycle, or motorized quadricycle and, by reason of physical disability, is otherwise unable to move about as a pedestrian, as specified in subdivision (a). See California Vehicle Code 467
Person: means any person, firm, association, organization, partnership, business trust, corporation, limited liability company, or company. See California Health and Safety Code 19
Person: means any person, association, organization, partnership, business trust, limited liability company, or corporation. See California Insurance Code 19
Person: means any person, association, organization, partnership, business trust, limited liability company, or corporation. See California Labor Code 18
person: means any individual, partnership, corporation, limited liability company, or association. See California Education Code 66405
Person: includes a corporation as well as a natural person. See California Code of Civil Procedure 17
Person: means an individual, partnership, unincorporated organization, or corporation. See California Business and Professions Code 2570.2
person: shall mean one or more individuals, corporations, partnerships, limited liability companies, associations, legal representatives, trustees in bankruptcy, receivers, or any other legal entity, employer, or labor organization having an interest in the outcome of a proceeding under this part. See California Labor Code 1140.4
Person: includes a natural person, firm, copartnership, association, limited liability company, or corporation. See California Vehicle Code 470
person: includes an individual, partnership, firm, association, or corporation. See California Business and Professions Code 17360
Person: includes persons, firm, firms, corporation and corporations. See California Business and Professions Code 17700
person: includes individuals, limited liability companies, partnerships and other associations, and corporations. See California Business and Professions Code 17902
Person: means any individual, partnership, association, corporation, limited liability company, or any organized group of persons whether incorporated or not. See California Food and Agricultural Code 38
Personal property: All property that is not real property.
Plaintiff: The person who files the complaint in a civil lawsuit.
Plan: means a plan which specifies the new public facilities to serve residential, commercial, and industrial developments within a defined area and the financing and construction schedule of new public facilities. See California Government Code 53983
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.
police protection services: includes county criminal justice facilities, which shall be limited to, jails, detention facilities, and juvenile halls. See California Government Code 53971.3
Policyholders surplus: means the aggregate of capital, surplus, and contingency reserve. See California Insurance Code 12640.02
Pooled securities: means eligible securities held by an agent of depository for a depository and securing deposits of one or more local agencies. See California Government Code 53630
Portable communications device: means a pager, radio, station alert box, intercom, cellular telephone, or other communications method. See California Labor Code 888
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.
Preliminary hearing: A hearing where the judge decides whether there is enough evidence to make the defendant have a trial.
prepare: means to put into condition for intended use. See California Education Code 66405
President pro tempore: A constitutionally recognized officer of the Senate who presides over the chamber in the absence of the Vice President. The President Pro Tempore (or, "president for a time") is elected by the Senate and is, by custom, the Senator of the majority party with the longest record of continuous service.
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.
Private detention facility: means a detention facility that is operated by a private, nongovernmental, for-profit entity, and operating pursuant to a contract or agreement with a governmental entity. See California Penal Code 9500
Probable cause: A reasonable ground for belief that the offender violated a specific law.
Probate: Proving a will
Process: includes a writ or summons issued in the course of judicial proceedings of either a civil or criminal nature. See California Government Code 22
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: shall mean and include all or a portion of the planning, design, development, finance, construction, reconstruction, rehabilitation, improvement, acquisition, lease, operation, or maintenance of highway, public street, rail, bus, or related facilities supplemental to or improvements upon existing facilities currently owned or operated by the department or other project sponsor. See California Government Code 64102
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
Project sponsor: shall mean either the department, a regional transportation planning agency designated pursuant to Section 29532 or 29532. See California Government Code 64102
property: includes property real and personal. See California Civil Code 14
Property: includes both personal and real property. See California Code of Civil Procedure 17
property: includes both real and personal property. See California Penal Code 7
Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
Protection: means formal admission into a witness protection program established by this title memorialized by a written agreement between local or state prosecutors and the witness. See California Penal Code 14021
Quorum: The number of legislators that must be present to do business.
Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
Real property sales contract: as used in this part is an agreement wherein one party agrees to convey title to real property to another party upon the satisfaction of specified conditions set forth in the contract and which does not require conveyance of title within one year from the date of formation of the contract. See California Business and Professions Code 10029
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 Account: shall be deemed to refer to the Consumer Recovery Account. See California Business and Professions Code 10450.6
Recreational vehicle: as used in this part has the same meaning as defined in Section 18010. See California Health and Safety Code 18215.5
Recreational vehicle: as used in this part has the same meaning as defined in Section 18010. See California Health and Safety Code 18862.37
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
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).
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.
Resident: means residing in this State, "nonresident" means not residing in this State. See California Insurance Code 30
Resident: means any person who manifests an intent to live or be located in this state on more than a temporary or transient basis. See California Vehicle Code 516
retail sale: is a sale of goods to a person for the purpose of consumption and use, and not for resale to others, including, but not limited to, an arrangement where a motor vehicle is consigned to a dealer for sale. See California Vehicle Code 520
rules and regulations: as used in this part , means regulations promulgated by the commission or department, as appropriate, pursuant to Chapter 3. See California Health and Safety Code 18010.5
Sanctioned event: means any event in which one of the following occurs:
California Education Code 66312
Savings association or federal association: means a savings association, savings and loan association, or savings bank as defined by §. See California Government Code 53630
schoolbus: is a motor vehicle designed, used, or maintained for the transportation of any school pupil at or below the 12th grade level to or from a public or private school or to or from public or private school activities, except the following:
California Vehicle Code 545
seasonal labor: means all labor performed by any person hired in this State to perform services outside of this State for a period greater than one month, where the wages are to be paid in this State, not at fixed intervals, but at the termination of such employment. See California Labor Code 250
Secretary: means the Secretary of Labor and Workforce Development. See California Labor Code 19.5
Security: means any of the eligible securities or obligations listed in Section 53651. See California Government Code 53630
Service of process: The service of writs or summonses to the appropriate party.
Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
Sheriff: includes "marshal. See California Labor Code 25
Sole ownership: The type of property ownership in which one individual holds legal title to the property and has full control of it.
Spouse: includes "registered domestic partner" as required by §. See California Health and Safety Code 12.2
Spouse: includes "registered domestic partner" as required by §. See California Labor Code 12.2
Spouse: includes "registered domestic partner" as required by §. See California Business and Professions Code 14.2
Spouse: includes "registered domestic partner" as required by §. See California Code of Civil Procedure 17
Spouse: includes "registered domestic partner" as required by §. See California Government Code 12.2
State: means the State of California, unless applied to the different parts of the United States. See California Health and Safety Code 23
State: means the State of California, unless applied to the different parts of the United States. See California Insurance Code 28
State: includes the District of Columbia and the territories when applied to the different parts of the United States, and the words "United States" may include the district and territories. See California Code of Civil Procedure 17
State agency: means any office, department, commission, or agency of the State of California with authority to approve or recommend approval of the priority of allocation, or allocations, of state funds to local agencies or to approve or recommend approval of the priority or allocation of funds for state construction. See California Government Code 53983
State-aided district: means a district to which a conditional or final apportionment has been made under this chapter. See California Education Code 16150
Statute: A law passed by a legislature.
Subdivision: means a subdivision of the section in which that term occurs, unless some other section is expressly mentioned. See California Business and Professions Code 15
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: A command to a witness to appear and give testimony.
Subpoena duces tecum: A command to a witness to produce documents.
Summons: Another word for subpoena used by the criminal justice system.
supervisor: means any individual having the authority, in the interest of the employer, to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward, or discipline other employees, or the responsibility to direct them, or to adjust their grievances, or effectively to recommend such action, if, in connection with the foregoing, the exercise of such authority is not of a merely routine or clerical nature, but requires the use of independent judgment. See California Labor Code 1140.4
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.
Testify: Answer questions in court.
Testimony: Evidence presented orally by witnesses during trials or before grand juries.
third party: as used in this part , means an entity which is all of the following:
California Health and Safety Code 18013.2
traffic: includes pedestrians, ridden animals, vehicles, street cars, and other conveyances, either singly or together, while using any highway for purposes of travel. See California Vehicle Code 620
trailer: includes a semitrailer when used in conjunction with an auxiliary dolly, if the auxiliary dolly is of a type constructed to replace the function of the drawbar and the front axle or axles of a trailer. See California Vehicle Code 630
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.
Treasurer: means the treasurer of the local agency. See California Government Code 53995
Treasurer: means treasurer of the local agency. See California Government Code 53630
Trial jury: A group of citizens who hear the evidence presented by both sides at trial and determine the facts in dispute. Federal criminal juries consist of 12 persons. Federal civil juries consist of six persons.
Trustee: A person or institution holding and administering property in trust.
Trustor: The person who makes or creates a trust. Also known as the grantor or settlor.
Truth in Lending Act: The Truth in Lending Act is a federal law that requires lenders to provide standardized information so that borrowers can compare loan terms. In general, lenders must provide information on ^{Source: OCC}
unfair labor practice: means any unfair labor practice specified in Chapter 4 (commencing with Section 1153) of this part. See California Labor Code 1140.4
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}
Uphold: The decision of an appellate court not to reverse a lower court decision.
vehicle: is a device by which any person or property may be propelled, moved, or drawn upon a highway, excepting a device moved exclusively by human power or used exclusively upon stationary rails or tracks. See California Vehicle Code 670
Venue: The geographical location in which a case is tried.
Verdict: The decision of a petit jury or a judge.
Victim advocate: work with prosecutors and assist the victims of a crime.
Violation: includes a failure to comply with any requirement of the code. See California Labor Code 22
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."
Wages: includes all amounts for labor performed by employees of every description, whether the amount is fixed or ascertained by the standard of time, task, piece, commission basis, or other method of calculation. See California Labor Code 200
wheelbase: means the longitudinal distance between the vertical centerlines of the front and rear wheels. See California Vehicle Code 378
Will: includes codicil. See California Code of Civil Procedure 17
Witness: means any person who has been summoned, or is reasonably expected to be summoned, to testify in a criminal matter, including grand jury proceedings, for the people whether or not formal legal proceedings have been filed. See California Penal Code 14021
Work shift: means designated hours of work by an emergency ambulance employee, with a designated beginning time and quitting time, including any periods for meals or rest. See California Labor Code 888
Working capital: means moneys to be used by, or on behalf of, a project sponsor to pay or prepay maintenance or operation expenses or any other costs that would be treated as an expense item, under generally accepted accounting principles, in connection with the ownership or operation of a project, including, but not limited to, reserves for maintenance or operation expenses, interest for a period not to exceed one year on any loan for working capital made pursuant to this division, and reserves for debt service with respect to, and any costs necessary or incidental to, that financing. See California Government Code 64102
Writ: A formal written command, issued from the court, requiring the performance of a specific act.
Writing: includes printing and typewriting. See California Code of Civil Procedure 17
Written agreement: includes a written agreement that has been extended or renewed by an oral or implied agreement. See California Code of Civil Procedure 1280

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Terms Used In California Codes > Code of Civil Procedure > Part 3 > Title 9 - ARBITRATION

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