Terms Used In California Codes > Corporations Code > Title 1 > Division 1 - GENERAL CORPORATION LAW

• AANHPI: means Asian American, Native Hawaiian, and Pacific Islander. See California Education Code 79510
• 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.
• Access: means a personal inspection and review of a record or an accurate copy of a record, or an oral description or communication of a record or an accurate copy of a record, and a request to release a copy of any record. See California Education Code 76210
• 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 Dentally Underserved Account established in Section 1973, which is contained within the fund. See California Business and Professions Code 1971
• Accrediting organization: means an organization approved by the board. See California Business and Professions Code 2506
• Achievement level descriptors: means a narrative description of the knowledge, skills, and processes expected of pupils at different grade levels and at different performance levels on achievement tests. See California Education Code 60603
• Achievement test: means any summative standardized test that measures the level of performance that a pupil has achieved on state-adopted content standards. See California Education Code 60603
• Acquire: includes purchase, condemnation, lease, and gift. See California Government Code 15802
• 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 16733
• Acquittal:
  1. Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
  2. A verdict of "not guilty."
   
• Action: means a judicial proceeding or arbitration in which a payment in money may be awarded or enforced with respect to a foreign-money claim. See California Code of Civil Procedure 676.1
• action taken: means a collective decision made by a majority of the members of a legislative body, a collective commitment or promise by a majority of the members of a legislative body to make a positive or a negative decision, or an actual vote by a majority of the members of a legislative body when sitting as a body or entity, upon a motion, proposal, resolution, order or ordinance. See California Government Code 54952.6
• 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
• Adequate progress: means all of the following:

  California Government Code 65007

• Adjourn: A motion to adjourn a legislative chamber or a committee, if passed, ends that day's session.
• Administering agency: means the agency designated by the committee pursuant to Section 25262. See California Health and Safety Code 25260
• Administering agency: means any agency designated pursuant to §. See California Education Code 17210
• Administrative fund: means the funds used to administer this article. See California Education Code 69980
• Admissions data: means information from the most recently enrolled fall semester class including the total number of applications, the total number of accepted students, and the 75th, 50th, and 25th percentile scores for the undergraduate grade point averages and law school admission test scores of admitted students. See California Education Code 67102
• advance fee: as used in this part , is a fee, regardless of the form, that is claimed, demanded, charged, received, or collected by a licensee for services requiring a license, or for a listing, as that term is defined in Section 10027, before fully completing the service the licensee contracted to perform or represented would be performed. See California Business and Professions Code 10026
• Advanced transportation technologies: means emerging commercially competitive transportation-related technologies identified by the authority as capable of creating long-term, high-value-added jobs for Californians while enhancing the state's commitment to energy conservation, pollution and greenhouse gas emissions reduction, and transportation efficiency. See California Public Resources Code 26003
• Advertising: as used in this chapter , includes, but is not limited to, any public communication as defined in subdivision (a) of Section 651, the issuance of any card, sign, or device to any person, or the causing, permitting, or allowing of any sign or marking on, or in, any building or structure, or in any newspaper, magazine, or directory, or any printed matter whatsoever, with or without any limiting qualification. See California Business and Professions Code 4992.2
• 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.
• Advisory team: means the team convened by the committee pursuant to Section 25263. See California Health and Safety Code 25260
• Affiliate: means a person who, directly or indirectly through one or more intermediaries, controls, is controlled by, or is under common control with, a specified person. See California Business and Professions Code 19805
• Affinity: signifies the connection existing in consequence of marriage, between each of the married persons and the blood relatives of the other when applied to the marriage relation. See California Code of Civil Procedure 17
• Agency: means any city, county, district, commission, the state, or any department, agency, or political subdivision thereof, that has jurisdiction under a state or local law, ordinance, or regulation to supervise, oversee, or approve a site investigation and a remedial action at a hazardous materials release site. See California Health and Safety Code 25260
• 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 for a period of three years from the effective date of the agreement, whichever comes first. See California Government Code 71814
• Agent: as used in this chapter , means a person acting in accordance with Title 9 (commencing with Section 2295) of Part 4 of Division 3 of . See California Health and Safety Code 25919.6
• Agent: means a person who was an officer or director of a corporation, as defined in subdivision (e), at the time the fraudulent acts occurred, was named in a final criminal restitution order in connection with the fraudulent acts, and was acting in the person's capacity as the corporation's officer or director when committing the fraudulent acts. See California Corporations Code 2281
• 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
• Alternative sources: means devices or technologies used for a renewable electrical generation facility, as defined in paragraph (1) of subdivision (a) of Section 25741, a combined heat and power system, as defined in §. See California Public Resources Code 26003
• 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}
• 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.
• Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
• Applicant: means a person who has applied for a state gambling license, a key employee license, a registration, a finding of suitability, a work permit, a manufacturer's or distributor's license, or an approval of any act or transaction for which the approval or authorization of the commission or department is required or permitted under this chapter. See California Business and Professions Code 19805
• application: includes the original documents or writings filed and any other supporting documents or writings including supporting documents provided or filed contemporaneously, or later, in support of the application whether provided or filed by the applicant or by any other person in support of the application. See California Business and Professions Code 478
• Application: means a request for payment from the fund submitted to the Secretary of State pursuant to this chapter. See California Corporations Code 2281
• Application for stay and early evaluation conference: means an application to be filed with the court that meets the requirements of subdivision (c) of Section 55. See California Civil Code 55.52
• Apportionment: means an apportionment made under this chapter unless the context otherwise requires. See California Education Code 16702
• Arrest: Taking physical custody of a person by lawful authority.
• Asbestos: as used in this chapter , has the same meaning as defined in §. See California Health and Safety Code 25918
• Asbestos-containing construction material: as used in this chapter , means any manufactured construction material, including structural, mechanical and building material, which contains more than one-tenth of 1 percent asbestos by weight. See California Health and Safety Code 25919
• 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: as used in this chapter , shall have the same meaning as the term "evaluation" in the Individuals with Disabilities Education Act, as provided in Section 1414 of Title 20 of the United States Code. See California Education Code 56302.5
• assignment order: means an order made under Section 3761. See California Family Code 3760
• Assisted reproduction: means conception by any means other than sexual intercourse. See California Family Code 7606
• Assisted reproduction agreement: means a written contract that includes a person who intends to be the legal parent of a child or children born through assisted reproduction and that defines the terms of the relationship between the parties to the contract. See California Family Code 7606
• 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
• Attorney-in-fact: A person who, acting as an agent, is given written authorization by another person to transact business for him (her) out of court.
• Audiology aide: means any person meeting the minimum requirements established by the board who works directly under the supervision of an audiologist. See California Business and Professions Code 2530.2
• Authority: means the California Alternative Energy and Advanced Transportation Financing Authority established pursuant to Section 26004, and any board, commission, department, or officer succeeding to the functions of the authority, or to which the powers conferred upon the authority by this division shall be given. See California Public Resources Code 26003
• 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.
• ballot: means any of the following:

  California Elections Code 301

• 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
• Bank-offered spot rate: means the spot rate of exchange at which a bank will sell foreign money at a spot rate. See California Code of Civil Procedure 676.1
• Bar passage data: means the most current cumulative bar pass rates defined and reported by the examining committee of the State Bar. See California Education Code 67102
• Baseline: Projection of the receipts, outlays, and other budget amounts that would ensue in the future without any change in existing policy. Baseline projections are used to gauge the extent to which proposed legislation, if enacted into law, would alter current spending and revenue levels.
• Bearer: means a person in possession of a negotiable instrument, document of title, or certificated security that is payable to bearer or endorsed in blank. See California Commercial Code 1201
• Benefits: means the payment of higher education expenses on behalf of a beneficiary by the Scholarshare trust during the beneficiary's attendance at an institution of higher education. See California Education Code 69980
• Bequeath: To gift property by will.
• Bequest: Property gifted by will.
• Best value: means a value determined by objective criteria and may include, but need not be limited to, price, features, functions, life-cycle costs, and other criteria deemed appropriate by the community college district. See California Education Code 81701
• Bill of lading: means a document evidencing the receipt of goods for shipment issued by a person engaged in the business of transporting or forwarding goods. See California Commercial Code 1201
• 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
• Board: means the governing board of a community college district. See California Education Code 81902
• 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: as used in this chapter , Chapter 13 (commencing with Section 4980), Chapter 13. See California Business and Professions Code 4990.02
• Board: means the State Allocation Board. See California Education Code 16702
• board: as used in this chapter means the Medical Board of California. See California Business and Professions Code 2002
• board: refers to the State Board of Chiropractic Examiners. See California Business and Professions Code 1050
• Board: means the Speech-Language Pathology and Audiology and Hearing Aid Dispensers Board. See California Business and Professions Code 2530.2
• Board: includes "bureau" "commission" "committee" "department" "division" "examining committee" "program" and "agency. See California Business and Professions Code 477
• Board: as used in this chapter means the California Horse Racing Board. See California Business and Professions Code 19700
• Board: means the Dental Board of California. See California Business and Professions Code 1971
• Board: as used in this article , means the Board of Administration of the Public Employees' Retirement System. See California Government Code 31882
• Board: means the Podiatric Medical Board of California. See California Business and Professions Code 2461
• Board: means the Medical Board of California. See California Business and Professions Code 2506
• Board: means the Scholarshare Investment Board established pursuant to subparagraph (B) of paragraph (2) of subdivision (a) of Section 69984. See California Education Code 69980
• Board: means the State Mining and Geology Board. See California Public Resources Code 2693
• Board: means the Scholarshare Investment Board established pursuant to subparagraph (B) of paragraph (2) of subdivision (a) of Section 69984. See California Education Code 69999.8
• Board: means the Scholarshare Investment Board established pursuant to Section 69984. See California Education Code 70010.1
• Board: means the State Public Works Board. See California Government Code 15802
• Board: means the State Water Resources Control Board. See California Health and Safety Code 25299.100
• Board: as used in this chapter , includes a board, advisory board, commission, examining committee, committee or other similarly constituted body exercising powers under this code. See California Business and Professions Code 452
• Branch: includes a separately incorporated foreign branch of a bank. See California Commercial Code 1201
• building: includes (a) one or more buildings located or to be located on one or more sites. See California Education Code 81330
• Building: as used in this chapter , means all or part of any "public and commercial building" as defined in Section 2642 of Title 15 of the United States Code, as that section reads on January 1, 1989, except that "building" shall not mean residential dwellings. See California Health and Safety Code 25919.2
• building: includes onsite and offsite facilities, utilities and improvements which as agreed upon by the parties are appropriate for the proper operation or function of the building to be occupied jointly by the district and private person, firm, or corporation. See California Education Code 81390
• building: includes onsite and offsite facilities, utilities and improvements which as agreed upon by the parties are appropriate for the proper operation or function of the building to be jointly occupied and used. See California Education Code 81421
• 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
• Buyer in ordinary course of business: means a person that buys goods in good faith, without knowledge that the sale violates the rights of another person in the goods, and in the ordinary course from a person, other than a pawnbroker, in the business of selling goods of that kind. See California Commercial Code 1201
• California resident: means a person who would not be required to pay nonresident tuition under Chapter 1 (commencing with Section 68000) of Part 41. See California Education Code 70010.1
• CalWORKs recipient: means a recipient of aid under Chapter 2 (commencing with Section 11200) of Part 3 of Division 9 of . See California Education Code 79200
• candidate: includes any officeholder who is subject to a recall election. See California Elections Code 305
• Case law: The law as laid down in cases that have been decided in the decisions of the courts.
• CASp: means any person who has been certified pursuant to §. See California Civil Code 55.52
• 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.
• Cease and Desist Letter: A letter requesting that a company stops the activity mentioned in the letter. ^{Source: OCC}
• Census administration: means a test administration in which all pupils take comparable assessments of the same content and where results of individual performance are appropriate and meaningful to parents, pupils, and teachers. See California Education Code 60603
• center: means the California Habeas Corpus Resource Center, and "board" means the board of directors of the center. See California Government Code 68660
• certificate: as used in this chapter are deemed to be synonomous. See California Business and Professions Code 2040
• Certified interior designer: means a person who prepares and submits nonstructural or nonseismic plans consistent with Sections 5805 and 5538 to local building departments that are of sufficient complexity so as to require the skills of a licensed contractor to implement them, and who engages in programming, planning, designing, and documenting the construction and installation of nonstructural or nonseismic elements, finishes and furnishings within the interior spaces of a building, and has demonstrated by means of education, experience and examination, the competency to protect and enhance the health, safety, and welfare of the public. See California Business and Professions Code 5800
• Certified nurse-midwife: means a person to whom a certificate has been issued pursuant to Article 2. See California Business and Professions Code 2506
• Cerumen removal: means the nonroutine removal of cerumen within the cartilaginous ear canal necessary for access in performance of audiological procedures that shall occur under physician and surgeon supervision. See California Business and Professions Code 2530.2
• 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
• Chief: means the Chief of the Office of Information Security. See California Government Code 11549.1
• Chief: means the head of the entity within the department that is responsible for fulfilling the obligations imposed upon the department by this chapter. See California Business and Professions Code 19805
• child: means a member's child who is dependent upon such member at the time of his death and while such child is unmarried and:

  California Government Code 31843

• child: means a member's child who, when the member dies, is both dependent on the member and unmarried, as well as any of the following:

  California Government Code 31855.3

• Child support obligee: as used in this chapter means either the parent, guardian, or other person to whom child support has been ordered to be paid or the local child support agency designated by the court to receive the payment. See California Family Code 4550
• City measure: includes any proposed city charter, any proposed amendment to a city charter, any proposition for the issuance of bonds by the city, any advisory question, or any other question or proposition submitted to the voters of a city. See California Elections Code 306
• Claimant: means an aggrieved person who resides in the state at the time of the fraud and who submits an application pursuant to this chapter. See California Corporations Code 2281
• Clerk: means the county elections official, registrar of voters, city clerk, or other officer or board charged with the duty of conducting any election. See California Elections Code 307
• Clerk of court: An officer appointed by the court to work with the chief judge in overseeing the court's administration, especially to assist in managing the flow of cases through the court and to maintain court records.
• 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
• clinical histocompatibility scientist: means a 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 a 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
• coin dealer: means any person, firm, partnership, or corporation whose principal business is the buying, selling, and trading of coins, monetized bullion, or commercial grade ingots of gold, or silver, or other precious metals. See California Business and Professions Code 21626
• Commercial grade ingots: means 0. See California Business and Professions Code 21627
• 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
• Commercial unit: means such a unit of goods as by commercial usage is a single whole for purposes of lease and division of which materially impairs its character or value on the market or in use. See California Commercial Code 10103
• commercial user: means any person who deals in or engages in the business of selling bunk beds or who otherwise by one's occupation holds oneself out as having knowledge or skill peculiar to bunk beds, or any person who sells bunk beds. See California Health and Safety Code 24532
• Commission: means the Seismic Safety Commission. See California Public Resources Code 2811
• Commission: means the Seismic Safety Commission. See California Public Resources Code 2693
• commission: means the Student Aid Commission created by this article. See California Education Code 69515
• Commission: means the California Gambling Control Commission. See California Business and Professions Code 19805
• Commissioner: means the Real Estate Commissioner. See California Business and Professions Code 11212
• Committee: means the Site Designation Committee created by Section 25261. See California Health and Safety Code 25260
• Community college: means a community college maintained by the district issuing bonds under this chapter. See California Education Code 81902
• Community college: means a college of the California Community College system. See California Education Code 79510
• Community of interest: means a continuing financial interest between the grantor and grantee in either the operation of the dealership or the marketing of goods or services. See California Civil Code 81
• Complaint: means the facts of the underlying transaction upon which the criminal restitution order is based. See California Business and Professions Code 10471
• 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
• conscientiously and in good faith: means that no party potentially liable to the claimant in the underlying transaction was intentionally and without good cause omitted from the complaint, that no party named in the complaint who otherwise reasonably appeared capable of responding in damages was dismissed from the complaint intentionally and without good cause, and that the claimant employed no other procedural means contrary to the diligent prosecution of the complaint in order to seek to qualify for the Consumer Recovery Account. See California Business and Professions Code 10471
• Consortium: means a multistate collaborative organized to develop a comprehensive system of assessments or formative tools such as described in Section 60605. See California Education Code 60603
• 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
• 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 81130.5
• Construction-related accessibility claim: means any civil claim in a civil action with respect to a place of public accommodation, including, but not limited to, a claim brought under Section 51, 54, 54. See California Civil Code 55.52
• Construction-related accessibility standard: means a provision, standard, or regulation under state or federal law requiring compliance with standards for making new construction and existing facilities accessible to persons with disabilities, including, but not limited to, any provision, standard, or regulation set forth in Section 51, 54, 54. See California Civil Code 55.52
• Consumer: means an individual, firm, partnership, association or corporation who buys for his or her own use, or for the use of another, but not for resale. See California Business and Professions Code 21500
• Consumer lease: means a lease that a lessor regularly engaged in the business of leasing or selling makes to a lessee who is an individual and who takes under the lease primarily for a personal, family, or household purpose. See California Commercial Code 10103
• Container: as used in this chapter , includes a "milk case. See California Food and Agricultural Code 34504
• Content standards: means the specific academic knowledge, skills, and abilities that all public schools in this state are expected to teach, and all pupils are expected to learn, in reading, writing, mathematics, history-social science, world languages, visual and performing arts, and science, at each grade level tested. See California Education Code 60603
• 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
• Controlled gambling: means to deal, operate, carry on, conduct, maintain, or expose for play any controlled game. See California Business and Professions Code 19805
• Controlled game: means any controlled game, as defined by subdivision (e) of Section 337j of the Penal Code. See California Business and Professions Code 19805
• Conversion date: means the banking day next preceding the date on which money, in accordance with this title, is (i) paid to a claimant in an action or distribution proceeding, (ii) paid to the official designated by law to enforce a judgment or award on behalf of a claimant, or (iii) used to recoup, setoff, or counterclaim in different moneys in an action or distribution proceeding. See California Code of Civil Procedure 676.1
• Corporation: means a domestic corporation as defined by Section 162 or 2509 or a foreign corporation that is qualified to transact business in California pursuant to Section 2105. See California Corporations Code 2281
• 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
• Counterclaim: A claim that a defendant makes against a plaintiff.
• 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 the City and County of San Francisco. See California Public Resources Code 2693
• County: includes "city and county. See California Code of Civil Procedure 17
• County: includes "city and county. See California Corporations Code 14
• County: includes city and county. See California Family Code 67
• County office: means the office filled by any county officer. See California Elections Code 313
• 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 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.
• Credit report: A detailed report of an individual's credit history prepared by a credit bureau and used by a lender in determining a loan applicant's creditworthiness. ^{Source: OCC}
• Creditor: includes a general creditor, a secured creditor, a lien creditor, and any representative of creditors, including an assignee for the benefit of creditors, a trustee in bankruptcy, a receiver in equity, and an executor or administrator of an insolvent debtor's or assignor's estate. See California Commercial Code 1201
• Dealer: means a person who is a grantee of a dealership situated in this state. See California Civil Code 81
• Dealership: means a contract or agreement, either express or implied, whether oral or written, between two or more persons, by which a person is granted the right to sell or distribute goods or services, or to use a trade name, trademark, service mark, logotype, or advertising or other commercial symbol, in which there is a community of interest in the business of offering, selling, or distributing goods or services at wholesale, or at retail, by lease, agreement, or otherwise. See California Civil Code 81
• Decedent: A deceased person.
• decision: when used in reference to the department means any final determination of the department imposing a penalty assessment or affecting a license which may be appealed to the board under Section 22 of Article XX of the California Constitution, and does not include any emergency decision for temporary, interim relief issued pursuant to the authority conferred to the department pursuant to §. See California Business and Professions Code 23080
• Defendant: means a person (including corporation, association, partnership and firm or governmental entity) against whom a litigation is brought or maintained or sought to be brought or maintained. See California Code of Civil Procedure 391
• Dentally underserved area: means a geographic area eligible to be designated as having a shortage of dental professionals pursuant to Part I of Appendix B to Part 5 of Chapter 1 of Title 42 of the Code of Federal Regulations or an area of the state in which unmet priority needs for dentists exist as determined by the California Healthcare Workforce Policy Commission pursuant to §. See California Business and Professions Code 1971
• Dentally underserved population: means persons without dental insurance and persons eligible for Denti-Cal who are population groups described as having a shortage of dental care professionals in Part I of Appendix B to Part 5 of Chapter 1 of Title 42 of the Code of Federal Regulations. See California Business and Professions Code 1971
• Department: means the "Department of Real Estate. See California Business and Professions Code 11212
• department: means the State Department of Public Health. See California Business and Professions Code 1202
• department: whenever used in this code , unless the context otherwise requires, means the State Department of Education. See California Education Code 89
• Department: means the Department of Justice. See California Business and Professions Code 19805
• Deposit holder: as used in this chapter means the district attorney, county officer, or trustee designated by the court to receive assets deposited pursuant to this chapter to secure future support payments. See California Family Code 4601
• 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.
• Design-build: means a procurement process in which both the design and construction of a project are procured from a single entity. See California Education Code 81701
• Design-build entity: means a corporation, limited partnership, partnership, or other association that is able to provide appropriately licensed contracting, architectural, and engineering services as needed pursuant to a design-build contract. See California Education Code 81701
• 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
• Director: means the Director of the Office of Privacy Protection. See California Government Code 11549.8
• Director: means a director of a corporation or a person performing similar functions with respect to any organization. See California Business and Professions Code 19805
• Directory information: means one or more of the following items: a student's name, address, telephone number, date and place of birth, major field of study, participation in officially recognized activities and sports, weight and height of members of athletic teams, dates of attendance, degrees and awards received, the most recent previous public or private school attended by the student, and any other information authorized in writing by the student. See California Education Code 76210
• Discuss among themselves: means communications made, posted, or shared on an internet-based social media platform between members of a legislative body, including comments or use of digital icons that express reactions to communications made by other members of the legislative body. See California Government Code 54952.2
• Dismissal: The dropping of a case by the judge without further consideration or hearing. ^Source:
• dispensing audiologist: is a person who is authorized to sell hearing aids pursuant to their audiology license. See California Business and Professions Code 2530.2
• dissenting shareholder: means the recordholder of dissenting shares and includes a transferee of record. See California Corporations Code 1300
• dissenting shares: means shares to which all of the following apply:

  California Corporations Code 1300

• Distribution proceeding: means a judicial or nonjudicial proceeding for the distribution of a fund in which one or more foreign-money claims is asserted and includes an accounting, an assignment for the benefit of creditors, a foreclosure, the liquidation or rehabilitation of a corporation or other entity, and the distribution of an estate, trust, or other fund. See California Code of Civil Procedure 676.1
• District governing board: includes the Board of Governors of the California Community Colleges, unless the context requires otherwise. See California Education Code 72670.5
• Division of Licensing: shall be deemed to refer to the board. See California Business and Professions Code 2002
• Docket: A log containing brief entries of court proceedings.
• 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
• Donee: The recipient of a gift.
• effective date: means January 1, 1977. See California Corporations Code 2300
• Election: means any election including a primary that is provided for under this code. See California Elections Code 318
• Elections official: means any of the following:

  California Elections Code 320

• Elector: means a person who is a United States citizen 18 years of age or older and, except as specified in subdivision (b), is a resident of an election precinct in this state on or before the day of an election. See California Elections Code 321
• 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 transmission by the corporation: means a communication (a) delivered by (1) facsimile telecommunication or electronic mail when directed to the facsimile number or electronic mail address, respectively, for that recipient on record with the corporation, (2) posting on an electronic message board or network which the corporation has designated for those communications, together with a separate notice to the recipient of the posting, which transmission shall be validly delivered upon the later of the posting or delivery of the separate notice thereof, or (3) other means of electronic communication, (b) to a recipient who has provided an unrevoked consent to the use of those means of transmission for communications under or pursuant to this code, and (c) that creates a record that is capable of retention, retrieval, and review, and that may thereafter be rendered into clearly legible tangible form. See California Corporations Code 20
• Electronic transmission to the corporation: means a communication (a) delivered by (1) facsimile telecommunication or electronic mail when directed to the facsimile number or electronic mail address, respectively, which the corporation has provided from time to time to shareholders or members and directors for sending communications to the corporation, (2) posting on an electronic message board or network which the corporation has designated for those communications, and which transmission shall be validly delivered upon the posting, or (3) other means of electronic communication, (b) as to which the corporation has placed in effect reasonable measures to verify that the sender is the shareholder or member (in person or by proxy) or director purporting to send the transmission, and (c) that creates a record that is capable of retention, retrieval, and review, and that may thereafter be rendered into clearly legible tangible form. See California Corporations Code 21
• eligible spouse: means an individual who is caring for one or more of the children (as defined in Section 31843) of a deceased member and who is:

  California Government Code 31842

• Embezzlement: In most states, embezzlement is defined as theft/larceny of assets (money or property) by a person in a position of trust or responsibility over those assets. Embezzlement typically occurs in the employment and corporate settings. ^{Source: OCC}
• Employee: as used in this chapter , means every person who is required or directed by any employer, to engage in any employment, and who performs that employment other than on a casual or incidental basis in any building subject to this chapter, or any person contracting with an owner who is required or directed to perform services, other than on a casual or incidental basis, in any building subject to this chapter. See California Health and Safety Code 25919.3
• Employee: means any firefighter or law enforcement officer represented by an employee organization, as defined in subdivision (b). See California Code of Civil Procedure 1299.3
• Employee benefit plan: includes public and private retirement, pension, annuity, savings, profit sharing, stock bonus, stock option, thrift, vacation pay, and similar plans of deferred or fringe benefit compensation, whether of the defined contribution or defined benefit type whether or not such plan is qualified under the Employee Retirement Income Security Act of 1974 (P. See California Family Code 80
• Employee organization: means any organization recognized by the employer for the purpose of representing firefighters or law enforcement officers in matters relating to wages, hours, and other terms and conditions of employment within the scope of arbitration. See California Code of Civil Procedure 1299.3
• Employer: includes the United States government and any public entity as defined in §. See California Family Code 3760
• Employer: means any local agency employing employees, as defined in subdivision (a), or any entity, except the State of California, acting as an agent of any local agency, either directly or indirectly. See California Code of Civil Procedure 1299.3
• Employment outcomes for graduates: means the results of a survey by the law school, taken three years after graduation, that breaks down the employment rate of graduates in each of the first three years after graduation, including the rate of employment of graduates in jobs where a juris doctor degree is required by the employer and the rate of employment of graduates in jobs where a juris doctor degree is an advantage in employment. See California Education Code 67102
• energy management systems: means solar, energy, or solar and energy management systems. See California Education Code 81660
• Enrollment data: means information about the number of students who are admitted to the school per class per year for the past three years, the number of students who transfer to and from the school per class per year for the past three years, and the number of students who do not continue to attend the school each year for the past three years on either a voluntary or involuntary basis. See California Education Code 67102
• Environmental assessor: means an environmental professional as defined in Section 312. See California Education Code 17210
• equipment: includes (1) schoolbuses, (2) other motor vehicles, (3) test materials, educational films, and audiovisual materials, and (4) all other items defined as equipment or service systems in the Community College Budget and Accounting Manual. See California Education Code 81550
• 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}
• executed: when used with respect to the documents filed pursuant to this code or pursuant to regulations adopted under this code, and presented to the Secretary of State, include a document bearing a signature under subdivision (a). See California Corporations Code 17.1
• Executive director: means the administrator of the Scholarshare trust appointed by the board to administer and manage the Scholarshare trust. See California Education Code 69980
• 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
• extramural dental facility: means any clinical facility that has contracted with an approved dental hygiene educational program for instruction in dental hygiene, that exists outside or beyond the walls, boundaries, or precincts of the primary campus of the approved program, and in which dental hygiene services are rendered. See California Business and Professions Code 1942
• Family support: means an agreement between the parents, or an order or judgment, that combines child support and spousal support without designating the amount to be paid for child support and the amount to be paid for spousal support. See California Family Code 92
• Fault: means wrongful act, omission, breach, or default. See California Commercial Code 10103
• Fault: means a default, breach, or wrongful act or omission. See California Commercial Code 1201
• 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}
• Fiduciary: A trustee, executor, or administrator.
• Field test: means an assessment or assessment items administered to a representative sample of a population to ensure that the test or item produces results that are valid, reliable, and fair. See California Education Code 60603
• Final judgment: means a judgment, arbitration award, or criminal restitution order for which appeals have been exhausted or for which the period for appeal has expired, enforcement of which is not barred by the order of any court or by any statutory provision, which has not been nullified or rendered void by any court order or statutory provision, and for which the claimant has not otherwise been fully reimbursed. See California Corporations Code 2281
• 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}
• Finance lease: means a lease with respect to which (A) the lessor does not select, manufacture, or supply the goods, (B) the lessor acquires the goods or the right to possession and use of the goods in connection with the lease, and (C) one of the following occurs:

  California Commercial Code 10103

• Finding of suitability: means a finding that a person meets the qualification criteria described in subdivisions (a) and (b) of Section 19857, and that the person would not be disqualified from holding a state gambling license on any of the grounds specified in Section 19859. See California Business and Professions Code 19805
• Firearm accessory: means an attachment or device designed or adapted to be inserted into, affixed onto, or used in conjunction with, a firearm which is designed, intended, or functions to alter or enhance the firing capabilities of a firearm, the lethality of the firearm, or a shooter's ability to hold, carry, or use a firearm. See California Business and Professions Code 22949.80
• Firearm industry member: means any of the following:

  California Business and Professions Code 22949.80

• Firearm-related product: means a firearm, ammunition, reloaded ammunition, a firearm precursor part, a firearm component, or a firearm accessory that meets any of the following conditions:

  California Business and Professions Code 22949.80

• Firefighter: means any person who is employed to perform firefighting, fire prevention, fire training, hazardous materials response, emergency medical services, fire or arson investigation, or any related duties, without respect to the rank, job title, or job assignment of that person. See California Code of Civil Procedure 1299.3
• Fireman: as used in this article , means any employee in a position designated as a fireman's position by the board. See California Government Code 31887
• 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).
• Flood hazard zone: means an area subject to flooding that is delineated as either a special hazard area or an area of moderate hazard on an official flood insurance rate map issued by the Federal Emergency Management Agency. See California Government Code 65007
• Foreign money: means money other than money of the United States of America. See California Code of Civil Procedure 676.1
• Foreign-money claim: means a claim upon an obligation to pay, or a claim for recovery of a loss, expressed in or measured by a foreign money. See California Code of Civil Procedure 676.1
• 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 §. See California Education Code 56155.5
• Foster family home: includes a small family home as defined in paragraph (6) of subdivision (a) of §. See California Education Code 56155.5
• franchise: means a contract or agreement, either expressed or implied, whether oral or written, between two or more persons by which:

  California Business and Professions Code 20001

• freestanding physical plant: means any building that is not physically attached to a building where inpatient services are provided. See California Business and Professions Code 2472
• Fund: means the Victims of Corporate Fraud Compensation Fund created by Section 2280. See California Corporations Code 2281
• Fund: means the State Dentistry Fund. See California Business and Professions Code 1971
• Fund: means the California Memorial Scholarship Fund established pursuant to §. See California Education Code 70010.1
• Fungible goods: means :

  California Commercial Code 1201

• Gambling: means to deal, operate, carry on, conduct, maintain, or expose for play a controlled game. See California Business and Professions Code 19805
• Gambling enterprise: means a natural person or an entity, whether individual, corporate, or otherwise, that conducts a gambling operation and that by virtue is required to hold a state gambling license under this chapter. See California Business and Professions Code 19805
• Gambling enterprise employee: means a natural person employed in the operation of a gambling enterprise, including, without limitation, dealers, floor personnel, security employees, countroom personnel, cage personnel, collection personnel, surveillance personnel, data-processing personnel, appropriate maintenance personnel, waiters and waitresses, and secretaries, or any other natural person whose employment duties require or authorize access to restricted gambling establishment areas. See California Business and Professions Code 19805
• gambling game: means a controlled game. See California Business and Professions Code 19805
• Gambling operation: means exposing for play one or more controlled games that are dealt, operated, carried on, conducted, or maintained for commercial gain. See California Business and Professions Code 19805
• Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
• General election: means either of the following:

  California Elections Code 324

• Genuine: means free of forgery or counterfeiting. See California Commercial Code 1201
• Geotechnical report: means a report prepared by a certified engineering geologist or a civil engineer practicing within the area of his or her competence, which identifies seismic hazards and recommends mitigation measures to reduce the risk of seismic hazard to acceptable levels. See California Public Resources Code 2693
• good cause: includes , but is not limited to, the following offenses, occurring while enrolled as a student:

  California Education Code 76033

• Goods: means all things that are movable at the time of identification to the lease contract, or are fixtures (Section 10309), but the term does not include money, documents, instruments, accounts, chattel paper, general intangibles, or minerals or the like, including oil and gas, before extraction. See California Commercial Code 10103
• governing boards: means the local boards of trustees and the Board of Governors of the California Community Colleges, the Trustees of the California State University, and the Regents of the University of California. See California Education Code 66011
• Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
• Grant: means a sale, lease, or transfer of any kind. See California Civil Code 81
• Grant applicant: means a small business that applies to the board for a grant pursuant to this chapter. See California Health and Safety Code 25299.100
• Grantor: The person who establishes a trust and places property into it.
• Gross revenue: means the total of all compensation received for conducting any controlled game, and includes interest received in payment for credit extended by an owner licensee to a patron for purposes of gambling, except as provided by regulation. See California Business and Professions Code 19805
• Guarantor: A party who agrees to be responsible for the payment of another party's debts should that party default. ^{Source: OCC}
• Habeas corpus: A writ that is usually used to bring a prisoner before the court to determine the legality of his imprisonment. It may also be used to bring a person in custody before the court to give testimony, or to be prosecuted.
• Handle: has the meaning the term is given in Article 1 (commencing with Section 25500) of Chapter 6. See California Education Code 17210
• 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: includes , but is not limited to, all of the following:

  California Health and Safety Code 25260

• Hazardous material: has the meaning the term is given in subdivision (d) of §. See California Education Code 17210
• Health insurance coverage: as used in this article includes all of the following:

  California Family Code 3750

• health insurance coverage assignment: includes vision care and dental care coverage whether the vision care or dental care coverage is part of existing health insurance coverage or is issued as a separate policy or plan. See California Family Code 3760
• Hearing aid dispenser: as used in this article , means a person engaged in the practice of fitting or selling hearing aids to an individual with impaired hearing. See California Business and Professions Code 2538.14
• Hearsay: Statements by a witness who did not see or hear the incident in question but heard about it from someone else. Hearsay is usually not admissible as evidence in court.
• High-quality assessment: means an assessment designed to measure a pupil's knowledge of, understanding of, and ability to apply, critical concepts through the use of a variety of item types and formats, including, but not necessarily limited to, items that allow for constructed responses and items that require the completion of performance tasks. See California Education Code 60603
• 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
• Holder: means :

  California Commercial Code 1201

• Hours of operation: means the period during which a gambling establishment is open to conduct the play of controlled games within a 24-hour period. See California Business and Professions Code 19805
• House: means the gambling enterprise, and any owner, shareholder, partner, key employee, or landlord thereof. See California Business and Professions Code 19805
• Impeachment: (1) The process of calling something into question, as in "impeaching the testimony of a witness." (2) The constitutional process whereby the House of Representatives may "impeach" (accuse of misconduct) high officers of the federal government for trial in the Senate.
• In forma pauperis: In the manner of a pauper. Permission given to a person to sue without payment of court fees on claim of indigence or poverty.
• Income and expense declaration: means the form for an income and expense declaration in family law matters adopted by the Judicial Council. See California Family Code 95
• Incorrect: means any instrument that fails to meet all of the requirements of Section 12107. See California Business and Professions Code 12500
• Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. ^{Source: FDIC}
• 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
• individualized instruction based upon performance criteria: means an educational method in which (a) aptitudes, interests, motivations, and other characteristics of each student play a major role in the selection of educational objectives and the determination of the sequence of study and choice of materials and procedures. See California Education Code 58401
• Industrial hygiene: means the science and art devoted to the anticipation, recognition, evaluation, and control of environmental factors or stresses which may cause sickness, impaired health and well-being, or significant discomfort and inefficiency among workers or among the citizens of a community. See California Business and Professions Code 20700
• Industrial hygiene certification organization: means a professional organization of certified industrial hygienists that has been established to improve the practice and educational standards of the profession of industrial hygiene through a certification process, by certifying industrial hygienists through an examination administered by the certification organization. See California Business and Professions Code 20700
• informed consent: means the authorization given pursuant to Section 24175 to have a medical experiment performed after each of the following conditions have been satisfied:

  California Health and Safety Code 24173

• Initial license: means the license first issued to a person authorizing that person to commence the activities authorized by that license. See California Business and Professions Code 19805
• Insolvent: means :

  California Commercial Code 1201

• Inspector: means the supervisor of the precinct board of which he or she is a member. See California Elections Code 325
• institution: means a campus of the University of California, the California State University, or the California Community Colleges. See California Education Code 69950
• Institutional investor: means a retirement fund administered by a public agency for the exclusive benefit of federal, state, or local public employees, an investment company registered under the Investment Company Act of 1940 (15 U. See California Business and Professions Code 19805
• Insurer: includes an insurance company and any person authorized to represent the insurer with respect to a claim. See California Business and Professions Code 9875
• Intangible property: Property that has no intrinsic value, but is merely the evidence of value such as stock certificates, bonds, and promissory notes.
• Inter vivos: Transfer of property from one living person to another living person.
• 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}
• interior design organization: means a nonprofit organization, exempt from taxation under Section 501(c)(3) of Title 26 of the United States Code, of certified interior designers whose governing board shall include representatives of the public, except that an organization that is not currently exempt under that section that submits an application to the Internal Revenue Service requesting an exemption under that section shall be eligible to be an interior design organization if it meets the requirements under that section within a reasonable period of time. See California Business and Professions Code 5800
• Internet-based social media platform: means an online service that is open and accessible to the public. See California Government Code 54952.2
• Intestate: Dying without leaving a will.
• Investment management: means the functions performed by a manager contracted to perform functions delegated by the board. See California Education Code 69980
• Investment manager: means a manager contracted to perform functions delegated by the board. See California Education Code 69980
• Irrevocable trust: A trust arrangement that cannot be revoked, rescinded, or repealed by the grantor.
• Joint tenancy: A form of property ownership in which two or more parties hold an undivided interest in the same property that was conveyed under the same instrument at the same time. A joint tenant can sell his (her) interest but not dispose of it by will. Upon the death of a joint tenant, his (her) undivided interest is distributed among the surviving joint tenants.
• Judgment: means the criminal restitution order. See California Business and Professions Code 10471
• Judgment debtor: means a corporation or agent against which a judgment, arbitration award, or criminal restitution order has been entered for conduct constituting intentional fraud. See California Corporations Code 2281
• Judgment debtor: means any defendant who is the subject of the criminal restitution order. See California Business and Professions Code 10471
• Judicial office: means the office filled by any judicial officer. See California Elections Code 326
• junk: means any and all secondhand and used machinery and all ferrous and nonferrous scrap metals and alloys, including any and all secondhand and used furniture, pallets, or other personal property, other than livestock, or parts or portions thereof. See California Business and Professions Code 21600
• junk dealer: includes any person engaged in the business of buying, selling and dealing in junk, any person purchasing, gathering, collecting, soliciting or traveling about from place to place procuring junk, and any person operating, carrying on, conducting or maintaining a junk yard or place where junk is gathered together and stored or kept for shipment, sale or transfer. See California Business and Professions Code 21601
• Junk dealer: has the meaning defined in Section 21601. See California Business and Professions Code 21651
• junk yard: includes any yard, plot, space, inclosure, building or any other place where junk is collected, stored, gathered together and kept. See California Business and Professions Code 21602
• Jurisprudence: The study of law and the structure of the legal system.
• Juror: A person who is on the jury.
• Key employee: means a natural person employed in the operation of a gambling enterprise in a supervisory capacity or empowered to make discretionary decisions that regulate gambling operations, including, without limitation, pit bosses, shift bosses, credit executives, cashier operations supervisors, gambling operation managers and assistant managers, managers or supervisors of security employees, or any other natural person designated as a key employee by the department for reasons consistent with the policies of this chapter. See California Business and Professions Code 19805
• Key employee license: means a state license authorizing the holder to be employed as a key employee. See California Business and Professions Code 19805
• laboratory director: means any person who is any of the following:

  California Business and Professions Code 1209

• Landlord: includes a tenant who is a sublandlord under a sublease. See California Civil Code 1995.020
• Landlord: includes a tenant who is a sublandlord under a sublease. See California Civil Code 1997.020
• language assistance: means oral interpretation or written translation into English of a language other than English or of English into another language for a party or witness who cannot speak or understand English or who can do so only with difficulty. See California Government Code 11435.05
• Law enforcement officer: means any person who is a peace officer, as defined in Section 830. See California Code of Civil Procedure 1299.3
• 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.
• Lease: means a lease or sublease of real property for other than residential purposes, and includes modifications and other agreements affecting a lease. See California Civil Code 1995.020
• Lease: means a lease or sublease of real property for other than residential purposes, and includes modifications and other agreements affecting a lease. See California Civil Code 1997.020
• Lease: means a transfer of the right to possession and use of goods for a term in return for consideration, but a sale, including a sale on approval or a sale or return, or retention or creation of a security interest is not a lease. See California Commercial Code 10103
• Lease agreement: means the bargain, with respect to the lease, of the lessor and the lessee in fact as found in their language or by implication from other circumstances including course of dealing or usage of trade or course of performance as provided in this division. See California Commercial Code 10103
• Lease contract: means the total legal obligation that results from the lease agreement as affected by this division and any other applicable rules of law. See California Commercial Code 10103
• lease or agreement: shall include a lease purchase agreement. See California Education Code 81331
• Leasehold interest: means the interest of the lessor or the lessee under a lease contract. See California Commercial Code 10103
• Legacy: A gift of property made by will.
• legislative body: means :

  California Government Code 54952

• 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 person who acquires the right to possession and use of goods under a lease. See California Commercial Code 10103
• Lessor: means a person who transfers the right to possession and use of goods under a lease. See California Commercial Code 10103
• License: includes certificate, registration or other means to engage in a business or profession regulated by this code. See California Business and Professions Code 477
• License: includes "certificate" "permit" and "registration. See California Business and Professions Code 2421
• License: means a gambling license, key employee license, or any other license issued by the commission pursuant to this chapter or regulations adopted pursuant to this chapter. See California Business and Professions Code 19805
• Licensed gambling establishment: means the gambling premises encompassed by a state gambling license. See California Business and Professions Code 19805
• Licensed midwife: means an individual to whom a license to practice midwifery has been issued pursuant to this article. See California Business and Professions Code 2506
• licensed premises: except as otherwise defined in Section 19812, means one or more rooms where a controlled gambling or activity directly related to controlled gambling occurs. See California Business and Professions Code 19805
• licensee: as used in this chapter means the holder of a physician's and surgeon's certificate or doctor of podiatric medicine's certificate, as the case may be, who is engaged in the professional practice authorized by the certificate under the jurisdiction of the appropriate board. See California Business and Professions Code 2041
• Licensee: includes the holder of a license. See California Business and Professions Code 2421
• Licensing authority: means the board, which has jurisdiction over a particular licensee. See California Business and Professions Code 2421
• 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
• Lien: means a charge against or interest in goods to secure payment of a debt or performance of an obligation, but the term does not include a security interest. See California Commercial Code 10103
• Limited partnership: means a partnership formed by two or more persons having as members one or more general partners and one or more limited partners. See California Business and Professions Code 19805
• listing: as used in this part includes, but is not limited to:

  California Business and Professions Code 10027

• Litigation: means any civil action or proceeding, commenced, maintained or pending in any state or federal court. See California Code of Civil Procedure 391
• Loan applicant: means a small business that applies to the board for a loan pursuant to this chapter. See California Health and Safety Code 25299.100
• local agency: means a county, city, whether general law or chartered, city and county, town, school district, municipal corporation, district, political subdivision, or any board, commission or agency thereof, or other local public agency. See California Government Code 54951
• Local agency: means any governmental subdivision, district, public and quasi-public corporation, joint powers agency, public agency or public service corporation, town, city, county, city and county, or municipal corporation, whether incorporated or not or whether chartered or not. See California Code of Civil Procedure 1299.3
• Local educational agency: means a county office of education, school district, state special school, or direct-funded charter school as described in Section 47651. See California Education Code 60603
• 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
• Marketing or advertising: means , in exchange for monetary compensation, to make a communication to one or more individuals, or to arrange for the dissemination to the public of a communication, about a product, the primary purpose of which is to encourage recipients of the communication to engage in a commercial transaction. See California Business and Professions Code 22949.80
• Markup: The process by which congressional committees and subcommittees debate, amend, and rewrite proposed legislation.
• materia medica: as used in this code or in any initiative act referred to in this code, means those substances listed in the official United States Pharmacopoeia, the official Homeopathic Pharmacopoeia of the United States, the official United States Dispensatory, New and Nonofficial Remedies, or the National Formulary, or any supplement thereof, except substances covered by subdivision (a) of Section 4052 and Section 4057 of this code. See California Business and Professions Code 13
• material: includes a statement or omission substantially related to the qualifications, functions, or duties of the business or profession. See California Business and Professions Code 478
• material: means ten thousand dollars ($10,000) or more in securities or other assets valued at the date of disclosure, or in relevant cumulative salary or other income, regardless of when it is earned or expected to be earned. See California Health and Safety Code 24173
• Matrix sampling: means administering different portions of a single assessment to different groups of pupils for the purpose of sampling a broader representation of content and reducing testing time. See California Education Code 60603
• Measure: means any constitutional amendment or other proposition submitted to a popular vote at any election. See California Elections Code 329
• 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
• Medi-Cal threshold languages: means primary languages spoken by limited-English-proficient (LEP) population groups meeting a numeric threshold of 3,000 eligible LEP Medi-Cal beneficiaries residing in a county, 1,000 Medi-Cal eligible LEP beneficiaries residing in a single ZIP Code, or 1,500 LEP Medi-Cal beneficiaries residing in two contiguous ZIP Codes. See California Business and Professions Code 1971
• mediation: means a process in which a neutral person or persons facilitate communication between the disputants to assist them in reaching a mutually acceptable agreement. See California Code of Civil Procedure 1775.1
• Medical board: means the Medical Board of California. See California Business and Professions Code 2530.2
• medical experiment: means :

  California Health and Safety Code 24174

• meeting: means any congregation of a majority of the members of a legislative body at the same time and location, including teleconference location as permitted by Section 54953, to hear, discuss, deliberate, or take action on any item that is within the subject matter jurisdiction of the legislative body. See California Government Code 54952.2
• Meets applicable standards: means the site was inspected by a CASp and determined to meet all applicable construction-related accessibility standards pursuant to paragraph (1) of subdivision (a) of Section 55. See California Civil Code 55.52
• Milk case: means a rigid, reusable container for packing and transporting or delivering cartons, bottles, jugs, or any other form of packaged milk or milk products. See California Food and Agricultural Code 34504
• Minimum finance charge: The minimum, or fixed, finance charge that will be imposed during a billing cycle. A minimum finance charge usually applies only when a finance charge is imposed, that is, when you carry over a balance. ^{Source: Federal Reserve}
• Minor: means a natural person under 18 years of age who resides in this state. See California Business and Professions Code 22949.80
• Mitigation: means those measures that are consistent with established practice and that will reduce seismic risk to acceptable levels. See California Public Resources Code 2693
• Money: means a medium of exchange currently authorized or adopted by a domestic or foreign government. See California Commercial Code 1201
• Money: means a medium of exchange for the payment of obligations or a store of value authorized or adopted by a government or by intergovernmental agreement. See California Code of Civil Procedure 676.1
• Money of the claim: means the money determined as proper pursuant to Section 676. See California Code of Civil Procedure 676.1
• 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}
• Mortgagee: The person to whom property is mortgaged and who has loaned the money.
• Mortgagor: The person who pledges property to a creditor as collateral for a loan and who receives the money.
• Multidisciplinary committee: means the Veterinary Medicine Multidisciplinary Advisory Committee established pursuant to Section 4809. See California Business and Professions Code 4810
• Municipal election: means elections in general law cities and where applicable in chartered cities. See California Elections Code 330
• 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}
• National medical support notice: means the notice required by Section 666(a)(19) of Title 42 of the United States Code with respect to an order made pursuant to Section 3773. See California Family Code 3760
• new law: means this division of the Corporations Code as amended by act of the California Legislature, 1975-76 Regular Session, effective January 1, 1977, and as in effect on that date. See California Corporations Code 2300
• Nominate: means the selection, at a state-conducted primary election, of candidates who are entitled by law to participate in the general election for that office, but does not mean any other lawful mechanism that a political party may adopt for the purposes of choosing the candidate who is preferred by the party for a nonpartisan or voter-nominated office. See California Elections Code 332.5
• Nomination documents: means declaration of candidacy and nomination papers. See California Elections Code 333
• Nonpartisan office: means an office, except for a voter-nominated office, for which no party may nominate a candidate. See California Elections Code 334
• nonprofit organization: means an organization that has been qualified to conduct business in California for at least three years prior to conducting controlled games and is exempt from taxation pursuant to Section 23701a, 23701b, 23701d, 23701e, 23701f, 23701g, 23701k, 23701l, or 23701w of the Revenue and Taxation Code. See California Business and Professions Code 19986
• Oath: includes an affirmation or declaration. See California Code of Civil Procedure 17
• Oath: A promise to tell the truth.
• Office: means the Office of Information Security. See California Government Code 11549.1
• Office: means the Office of Privacy Protection. See California Government Code 11549.8
• office: means the Office of Emergency Services. See California Public Resources Code 2811
• offsite building: is a building that is situated on land that is neither owned by a community college district nor leased by a community college district under a lease containing an option to purchase the land. See California Education Code 81130.5
• offsite building: is a building which is situated on land which is neither owned by a community college district nor leased by a community college district under a lease containing an option to purchase the land. See California Education Code 81160
• on-premises advertising displays: means any structure, housing, sign, device, figure, statuary, painting, display, message placard, or other contrivance, or any part thereof, that has been designed, constructed, created, intended, or engineered to have a useful life of 15 years or more, and intended or used to advertise, or to provide data or information in the nature of advertising, for any of the following purposes:

  California Business and Professions Code 5490

• Open and accessible to the public: means that members of the general public have the ability to access and participate, free of charge, in the social media platform without the approval by the social media platform or a person or entity other than the social media platform, including any forum and chatroom, and cannot be blocked from doing so, except when the internet-based social media platform determines that an individual violated its protocols or rules. See California Government Code 54952.2
• Operator: as used in this article , means any person, partnership, organization or corporation that controls, manages, conducts or otherwise administers a swap meet. See California Business and Professions Code 21661
• oral and maxillofacial pathologist: means a person licensed by the department under Section 1264 to engage in, or supervise others engaged in, clinical laboratory practice limited to the person's area of specialization or to direct a clinical laboratory, or portion thereof, limited to their 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.
• order: include a decree, as appropriate under the circumstances. See California Family Code 100
• Organization: means a person other than an individual. See California Commercial Code 1201
• Original district: means a state-aided or applicant district included in whole or in part in an acquiring district. See California Education Code 16733
• Owner: as used in this chapter , means an owner, lessee, sublessee, or agent of the owner of a building or part of a building, including, but not limited to, the state or another public entity. See California Health and Safety Code 25919.5
• Owner licensee: means an owner of a gambling enterprise who holds a state gambling license. See California Business and Professions Code 19805
• ownership interest: means the possession of equity in capital, stock, or profits. See California Business and Professions Code 1211
• parent: means :

  California Government Code 31844

• parent: means the father or mother of the deceased member who at the time of the death of such member was not less than 62 years of age and was receiving not less than one-half of his or her support from the member, and who has not remarried since the member's death. See California Government Code 31855.4
• Parent and child relationship: as used in this part means the legal relationship existing between a child and the child's natural or adoptive parents incident to which the law confers or imposes rights, privileges, duties, and obligations. See California Family Code 7601
• Parkfield characteristic earthquake: means an earthquake that has, among other qualities, a magnitude between 5. See California Public Resources Code 2801
• Parkfield prototype earthquake prediction system: means a dense cluster of instruments along the Parkfield section of the San Andreas fault which monitors earthquake activity, local distortion of the Earth's crust, strain levels, creep adjustments along the fault, and other phenomena which may be useful in making a short-term earthquake prediction. See California Public Resources Code 2801
• Participant: means an individual, trust, estate, partnership, association, company or corporation, a custodian under the California Uniform Transfers to Minors Act (Part 9 (commencing with Section 3900) of Division 4 of . See California Education Code 69980
• Participant: means a surviving dependent of a California resident killed as a result of injuries sustained during the terrorist attacks of September 11, 2001, who has executed, or on whose behalf has been executed, an agreement pursuant to Section 70011. See California Education Code 70010.1
• Participating party: means a person, federal or state agency, department, board, authority, or commission, state or community college, or university, or a city or county, regional agency, public district, school district, or other political entity engaged in the business or operations in the state, whether organized for profit or not for profit, that applies for financial assistance from the authority for the purpose of implementing a project. See California Public Resources Code 26003
• Participation agreement: means an agreement between a participant and the Scholarshare trust, pursuant to this article. See California Education Code 69980
• Party: means a political party or organization that has qualified for participation in any primary or presidential general election. See California Elections Code 338
• Pension board: as used in this article , means the board of retirement. See California Government Code 31884
• permit: means a permit that is issued pursuant to Section 33222. See California Food and Agricultural Code 33221
• Person: includes any individual, firm, corporation, association, copartnership, trust, business trust, or receiver or any trustee or conservator for any thereof, but does not include the state or any public corporation, political subdivision, city, county, district or any agency thereof or of the state. See California Education Code 81902
• 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: 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: includes firm, association, partnership, individual, limited liability company, and corporation. See California Business and Professions Code 1201
• Person: means any individual, partnership, corporation, limited liability company, or other organization or combination thereof, except that only individuals can be licensed under this chapter. See California Business and Professions Code 2530.2
• Person: means a natural person, partnership, joint venture, corporation, limited liability company, or other entity. See California Civil Code 81
• 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 a corporation as well as a natural person. See California Code of Civil Procedure 17
• Person: means an individual, firm, partnership, association, limited liability company, or corporation engaged in the business of selling watches. See California Business and Professions Code 21500
• Person: as used in this article includes firm and corporation. See California Business and Professions Code 21550
• Person: means an individual, a corporation, government or governmental subdivision or agency, business trust, estate, trust, joint venture, partnership, association, two or more persons having a joint or common interest, or any other legal or commercial entity. See California Code of Civil Procedure 676.1
• Person: includes a natural person, firm, association, organization, partnership, business trust, corporation, limited liability company, or public entity. See California Family Code 105
• personally identifiable: as used in this part , includes all of the following information:

  California Education Code 56515

• Personally identifiable information: includes a pupil's name and other direct personal identifiers, such as the pupil's identification number. See California Education Code 60603
• persons: includes corporations, firms, partnerships and associations existing under or authorized by the laws of this State or any other State, or any foreign country. See California Business and Professions Code 16702
• Petitioner: includes plaintiff, where appropriate. See California Family Code 126
• 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
• physical therapy: as used in this chapter , and a license issued pursuant to this chapter does not authorize the diagnosis of disease. See California Business and Professions Code 2620
• Plaintiff: means the person who commences, institutes or maintains a litigation or causes it to be commenced, instituted or maintained, including an attorney at law acting in propria persona. See California Code of Civil Procedure 391
• Player: means a patron of a gambling establishment who participates in a controlled game. See California Business and Professions Code 19805
• 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.
• Podiatric licensing authority: refers to any officer, board, commission, committee, or department of another state that may issue a license to practice podiatric medicine. See California Business and Professions Code 2461
• podiatric medicine: means the diagnosis, medical, surgical, mechanical, manipulative, and electrical treatment of the human foot, including the ankle and tendons that insert into the foot and the nonsurgical treatment of the muscles and tendons of the leg governing the functions of the foot. See California Business and Professions Code 2472
• podiatric residency: means a program of supervised postgraduate clinical training, one year or more in duration, approved by the board. See California Business and Professions Code 2475.2
• Policeman: as used in this article includes sheriffs, undersheriffs, deputy sheriffs and any other employee of a county in a position designated as a policeman's position by the board. See California Government Code 31886
• Polling place: means a location where a voter casts a ballot and includes the following terms, as applicable: poll, polling location, and vote center. See California Elections Code 338.5
• Population sampling: means administering assessments to a representative sample of pupils instead of the entire pupil population. See California Education Code 60603
• 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}
• Practice of fitting or selling hearing aids: as used in this article , means those practices used for the purpose of selection and adaptation of hearing aids, including direct observation of the ear, testing of hearing in connection with the fitting and selling of hearing aids, taking of ear mold impressions, fitting or sale of hearing aids, and any necessary postfitting counseling. See California Business and Professions Code 2538.11
• Practice setting: means either of the following:

  California Business and Professions Code 1971

• Precinct: means a geographical area within a county that is made up of voters and is formed pursuant to Chapter 3 (commencing with Section 12200) of Division 12. See California Elections Code 338.6
• 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.
• Premarital agreement: means an agreement between prospective spouses made in contemplation of marriage and to be effective upon marriage. See California Family Code 1610
• Preparedness: means long-term preearthquake hazard mitigation, reconstruction, and recovery planning and preparation for emergency response. See California Public Resources Code 2811
• Present value: means the amount as of a date certain of one or more sums payable in the future, discounted to the date certain by use of either an interest rate specified by the parties if that rate is not manifestly unreasonable at the time the transaction is entered into or, if an interest rate is not so specified, a commercially reasonable rate that takes into account the facts and circumstances at the time the transaction is entered into. See California Commercial Code 1201
• 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.
• Pretrial conference: A meeting of the judge and lawyers to discuss which matters should be presented to the jury, to review evidence and witnesses, to set a timetable, and to discuss the settlement of the case.
• Primary election: includes all primary nominating elections provided for by this code. See California Elections Code 341
• prior law: means the applicable law as in effect prior to January 1, 1977. See California Corporations Code 2300
• Pro se: A Latin term meaning "on one's own behalf"; in courts, it refers to persons who present their own cases without lawyers.
• Probate: Proving a will
• Probation officers: Screen applicants for pretrial release and monitor convicted offenders released under court supervision.
• Proceeding: includes an action. See California Family Code 110
• 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
• Process: includes all writs, warrants, summons, and orders of courts of justice, or judicial officers. See California Government Code 26660
• Program: means an information security program established pursuant to Section 11549. See California Government Code 11549.1
• Program: means the California Dental Corps Loan Repayment Program. See California Business and Professions Code 1971
• Program: means the Learning-Aligned Employment Program created pursuant to this article. See California Education Code 69950
• Program: means the California Memorial Scholarship Program established pursuant to Section 70010. See California Education Code 70010.1
• Program: means the AANHPI Student Achievement Program established pursuant to this article. See California Education Code 79510
• program: means a NextUp program as may be established under subdivision (a). See California Education Code 79220
• Program fund: means the program fund established by this article, which shall be held as a separate fund within the Scholarshare trust. See California Education Code 69980
• 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: means the purpose or purposes for which a school district has applied for an apportionment or apportionments. See California Education Code 16702
• project: means either of the following:

  California Public Resources Code 2621.6

• Project: means a land, building, improvement to the land or building, rehabilitation, work, property, or structure, real or personal, stationary or mobile, including, but not limited to, machinery and equipment utilized in the state, whether or not in existence or under construction, that utilizes, or is designed to utilize, an alternative source, or that is utilized for the design, technology transfer, manufacture, production, assembly, distribution, or service of advanced transportation technologies or alternative source components. See California Public Resources Code 26003
• Project tanks: means tanks that would be upgraded, replaced, or removed with loan or grant funds. See California Health and Safety Code 25299.100
• Property: means an interest, present or future, legal or equitable, vested or contingent, in real or personal property, including income and earnings. See California Family Code 1610
• property: includes property real and personal. See California Civil Code 14
• Property: includes real and personal property and any interest therein. See California Family Code 113
• 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
• Proxy voting: The practice of allowing a legislator to cast a vote in committee for an absent legislator.
• public agency: includes the federal government or any federal department or agency, this state, any other state or any state department or agency, a county, city, public corporation, or public district of this state or any other state. See California Government Code 31895
• Public building: includes any structure, building, facility, or work that a state agency has jurisdiction of, or is authorized to design or construct, including, but not limited to, infrastructure, parking lots, landscaping, and other ancillary facilities, including furnishings and equipment, incidental to the use of any building, and also includes the site thereof, and any easements or rights of way appurtenant thereto or necessary for its full use. See California Government Code 15802
• Public defender: Represent defendants who can't afford an attorney in criminal matters.
• 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
• Publicly traded racing association: means a corporation licensed to conduct horse racing and simulcast wagering pursuant to Chapter 4 (commencing with Section 19400) whose stock is publicly traded. See California Business and Professions Code 19805
• Purchase: includes taking by sale, lease, mortgage, security interest, pledge, gift, or any other voluntary transaction creating an interest in goods. See California Commercial Code 10103
• 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
• Qualified court investigator: as used in this article , has the meaning provided by Section 8543. See California Family Code 7852
• Qualified defendant: means a defendant in an action that includes a construction-related accessibility claim that is asserted against a place of public accommodation that met the requirements of "meets applicable standards" or "inspected by a CASp" prior to the date the defendant was served with the summons and complaint in that action. See California Civil Code 55.52
• Qualified higher education expenses: means the expenses of attendance at an institution of higher education as provided in paragraph (3) of subsection (e), expenses associated with participation in a registered apprenticeship program as provided in paragraph (8) of subsection (c), and payment on the principal or interest of a qualified education loan as provided in paragraph (9) of subsection (c), of Section 529 of the Internal Revenue Code of 1986, as it is amended from time to time, if, as determined by the board, the amendment is consistent with the purposes of this article, and as determined and certified by the institution of higher education in the same manner as prescribed in Title IV of the Higher Education Act of 1965 (20 U. See California Education Code 69980
• Qualified racing association: means a corporation licensed to conduct horse racing and simulcast wagering pursuant to Chapter 4 (commencing with Section 19400) that is a wholly owned subsidiary of a corporation whose stock is publicly traded. See California Business and Professions Code 19805
• Quasi-community property: means all real or personal property, wherever situated, acquired before or after the operative date of this code in any of the following ways:

  California Family Code 125

• Rate of exchange: means the rate at which money of one country may be converted into money of another country in a free financial market convenient to or reasonably usable by a person obligated to pay or to state a rate of conversion. See California Code of Civil Procedure 676.1
• Recess: A temporary interruption of the legislative business.
• 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 Account: shall be deemed to refer to the Consumer Recovery Account. See California Business and Professions Code 10450.6
• Regular election: is a n election, the specific time for the holding of which is prescribed by law. See California Elections Code 348
• 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: includes , but is not limited to, the cleanup or removal of released hazardous materials from the environment, monitoring, testing and analysis of the site, site operation and maintenance, and the placing of conditions, limitations, or restrictions on the uses of the site after remedial action has been completed. See California Health and Safety Code 25260
• Remedial action plan: means a plan approved by the Department of Toxic Substances Control pursuant to §. 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).
• 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
• Respondent: includes defendant, where appropriate. See California Family Code 127
• Responsible party: means any person, except for an independent contractor, who agrees to carry out a site investigation and remedial action at a hazardous materials release site for one of the following reasons:

  California Health and Safety Code 25260

• Restriction on transfer: means a provision in a lease that restricts the right of transfer of the tenant's interest in the lease. See California Civil Code 1995.020
• Restriction on use: means a provision in a lease that restricts the use of leased property by a tenant, whether by limiting use to a specified purpose, mandating use for a specified purpose, prohibiting use for a specified purpose, limiting or prohibiting a change in use, or otherwise. See California Civil Code 1997.020
• Revenue: means all rents, receipts, purchase payments, loan repayments, and all other income or receipts derived by the authority from a project, or the sale, lease, or other disposition of alternative source or advanced transportation technology facilities, or the making of loans to finance alternative source or advanced transportation technology facilities, and any income or revenue derived from the investment of money in any fund or account of the authority. See California Public Resources Code 26003
• Revocable trust: A trust agreement that can be canceled, rescinded, revoked, or repealed by the grantor (person who establishes the trust).
• Right: includes remedy. See California Commercial Code 1201
• Right of survivorship: The ownership rights that result in the acquisition of title to property by reason of having survived other co-owners.
• rural: shall mean any county with an urban influence code, as established by the latest publication of the Economic Research Service of the United States Department of Agriculture, of "3" or more. See California Business and Professions Code 19986
• Sacramento-San Joaquin Valley: means lands in the bed or along or near the banks of the Sacramento River or San Joaquin River, or their tributaries or connected therewith, or upon any land adjacent thereto, or within the overflow basins thereof, or upon land susceptible to overflow therefrom. See California Government Code 65007
• 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
• Scholarshare trust: means the trust created pursuant to this article. See California Education Code 69980
• Scholarship: means a participant's account as established by the board with moneys deposited in the fund. See California Education Code 70010.1
• 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 , means any building used, or designed to be used, for community college purposes and constructed by the state, by any city, county, or city and county, by any district of any kind within the state, 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 81050
• School building: as used in this article , means and includes any building used, or designed to be used, for community college purposes and constructed, reconstructed, altered, or added to, by the state or by any city or city and county, by any political subdivision, by any district of any kind within the state, 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 81130.5
• School building: as used in this article excludes any building which is used for community college district administrative buildings located on a site separate from the community college campuses of the district, and into which students are not required to enter. See California Education Code 81160
• Scope of arbitration: means economic issues, including salaries, wages and overtime pay, health and pension benefits, vacation and other leave, reimbursements, incentives, differentials, and all other forms of remuneration. See California Code of Civil Procedure 1299.3
• scrap metals and alloys: includes , but is not limited to, materials and equipment commonly used in construction, agricultural operations and electrical power generation, railroad equipment, oil well rigs, nonferrous materials, stainless steel, and nickel which are offered for sale to any junk dealer or recycler, but does not include scrap iron, household generated waste, or aluminum beverage containers, as defined in Chapter 2 (commencing with Section 14502) of Division 12. See California Business and Professions Code 21600
• secondhand dealer: as used in this article , means and includes any person, copartnership, firm, or corporation whose business includes buying, selling, trading, taking in pawn, accepting for sale on consignment, accepting for auctioning, or auctioning secondhand tangible personal property. See California Business and Professions Code 21626
• Secondhand dealer: has the meaning defined in Section 21626. See California Business and Professions Code 21651
• Security: means an undertaking to assure payment, to the party for whose benefit the undertaking is required to be furnished, of the party's reasonable expenses, including attorney's fees and not limited to taxable costs, incurred in or in connection with a litigation instituted, caused to be instituted, or maintained or caused to be maintained by a vexatious litigant. See California Code of Civil Procedure 391
• 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
• sell: means remanufacturing, retrofitting, selling, contracting to sell or resell, leasing, subletting, or otherwise placing in the stream of commerce. See California Health and Safety Code 24532
• Service of process: The service of writs or summonses to the appropriate party.
• Sheriff: includes marshal. See California Code of Civil Procedure 17
• Short-term prediction: means a prediction of an earthquake that is expected to occur within a few hours to a few weeks. See California Public Resources Code 2801
• Signature: includes either of the following:

  California Elections Code 354.5

• Signature: includes mark when the signer cannot write, such signer's name being written near the mark by a witness who writes his own name near the signer's name. See California Corporations Code 17
• Signed: includes using any symbol executed or adopted with present intention to adopt or accept a writing. See California Commercial Code 1201
• significant class of stolen goods: means those items determined through the Department of Justice's most recent OpenJustice Web portal update to constitute more than 10 percent of property reported stolen in the calendar year preceding the annual posting of the list of significant classes of stolen goods. See California Business and Professions Code 21627
• Site: means a place of public accommodation. See California Civil Code 55.52
• 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 81330
• site: means any area, location, or facility where a hazardous material has been released or threatens to be released into the environment. See California Health and Safety Code 25260
• Site investigation: means those actions that are necessary to determine the full extent of a release or threatened release of a hazardous material at a hazardous materials release site, identify the public health and safety or environmental threat posed by the release or threatened release, collect data on possible remedies, and otherwise evaluate the hazardous materials release site for the purpose of implementing remedial action. See California Health and Safety Code 25260
• Solar energy system: means a solar energy device that has the primary purpose of providing for the collection and distribution of solar energy for the generation of electricity, that produces at least one kW, and not more than five MW, alternating current rated peak electricity, and that meets or exceeds the eligibility criteria established pursuant to Section 25782. See California Public Resources Code 25781
• Special election: is a n election, the specific time for the holding of which is not prescribed by law. See California Elections Code 356
• speech-language pathologist: is a person who practices speech-language pathology. See California Business and Professions Code 2530.2
• Speech-language pathology aide: means any person meeting the minimum requirements established by the board, who works directly under the supervision of a speech-language pathologist. See California Business and Professions Code 2530.2
• Speech-language pathology assistant: means a person who meets the academic and supervised training requirements set forth by the board and who is approved by the board to assist in the provision of speech-language pathology under the direction and supervision of a speech-language pathologist who shall be responsible for the extent, kind, and quality of the services provided by the speech-language pathology assistant. See California Business and Professions Code 2530.2
• Spot rate: means the rate of exchange at which foreign money is sold by a bank or other dealer in foreign exchange for immediate or next day availability or for settlement by immediate payment in cash or equivalent, by charge to an account, or by an agreed delayed settlement not exceeding two days. See California Code of Civil Procedure 676.1
• Spousal support: means support of the spouse of the obligor. See California Family Code 142
• Spouse: includes "registered domestic partner" as required by §. See California Government Code 12.2
• 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 Business and Professions Code 14.2
• spouse: includes a registered domestic partner, as required by §. See California Civil Code 14
• Spouse: includes "registered domestic partner" as required by §. See California Code of Civil Procedure 17
• Spouse: includes "registered domestic partner" as required by Section 297. See California Family Code 143
• 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: means a State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or a territory or insular possession subject to the jurisdiction of the United States. See California Code of Civil Procedure 676.1
• State: means a state of the United States, the District of Columbia, or a commonwealth, territory, or insular possession subject to the jurisdiction of the United States. See California Family Code 145
• State act: means the Carpenter-Presley-Tanner Hazardous Substance Account Act (Chapter 6. See California Education Code 17210
• state gambling license: means a license issued by the state that authorizes the person named therein to conduct a gambling operation. See California Business and Professions Code 19805
• State-aided district: means a district to which an apportionment has been made under this chapter. See California Education Code 16733
• Statute: A law passed by a legislature.
• Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
• Student record: means any item of information directly related to an identifiable student, other than directory information, which is maintained by a community college or required to be maintained by any employee in the performance of his or her duties, whether recorded by handwriting, print, tapes, film, microfilm or other means. See California Education Code 76210
• Sublease: means a lease of goods the right to possession and use of which was acquired by the lessor as a lessee under an existing lease. See California Commercial Code 10103
• Subpoena: A command to a witness to appear and give testimony.
• Subpoena duces tecum: A command to a witness to produce documents.
• subscription: includes mark when the signer or subscriber can not write, such signer's or subscriber's name being written near the mark by a witness who writes his own name near the signer's or subscriber's name. See California Government Code 16
• substitute: means a person who performs, on a temporary basis, the duties of the individual who made the notes and does not refer to a person who permanently succeeds the maker of the notes in his or her position. See California Education Code 76210
• Summative assessment: means an assessment designed to be given near the end of the school year to evaluate a pupil's knowledge and skills relative to a specific set of academic standards. See California Education Code 60603
• sunset date: as used in this part , mean the date on which specific categorical programs cease to be operative and Sections 62002, 62003, 62004, 62005, and 62005. See California Education Code 62000
• Supervision: includes , but is not limited to, all of the following:

  California Business and Professions Code 4996.20 v2

• Supervisor: as used in this chapter , means an individual who meets all of the following requirements:

  California Business and Professions Code 4996.20 v2

• Supplier: means a person from whom a lessor buys or leases goods to be leased under a finance lease. See California Commercial Code 10103
• Supply contract: means a contract under which a lessor buys or leases goods to be leased. See California Commercial Code 10103
• Support: refers to a support obligation owing on behalf of a child, spouse, or family, or an amount owing pursuant to Section 17402. See California Family Code 150
• support order: means a child, family, or spousal support order. See California Family Code 3650
• Support order: means a judgment or order of support in favor of an obligee, whether temporary or final, or subject to modification, termination, or remission, regardless of the kind of action or proceeding in which it is entered. See California Family Code 155
• swap meet: as used in this article , includes a flea market or an open-air market and means an event, regardless of the number of persons offering or displaying personal property or the absence of fees, at which used personal property is offered or displayed for sale or exchange if the event is held more than six times in any 12-month period. See California Business and Professions Code 21661
• tangible personal property: means all secondhand tangible personal property that bears a serial number or personalized initials or inscription or that, at the time it is acquired by the secondhand dealer, bears evidence of having had a serial number or personalized initials or inscription. See California Business and Professions Code 21627
• Tank: means an underground storage tank, as defined in Section 25281, used for the purpose of storing petroleum, as defined in Section 25299. See California Health and Safety Code 25299.100
• 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
• Tenant: includes a subtenant or assignee. See California Civil Code 1995.020
• Tenant: includes a subtenant or assignee. See California Civil Code 1997.020
• Term: means a portion of an agreement that relates to a particular matter. See California Commercial Code 1201
• Testify: includes any mode of oral statement made under oath or affirmation. See California Code of Civil Procedure 17
• third party: means a person that has engaged in a transaction or made an agreement subject to this code. See California Commercial Code 1201
• 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 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
• Title IV-D: means Title IV-D of the federal Social Security Act (42 U. See California Family Code 4252
• 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.
• total benefits: means the retirement allowance or other benefit payable to any beneficiary pursuant to the provisions of this chapter plus any other monetary payments due to the same beneficiary from any public agency. See California Government Code 31895.5
• Trade secrets: as used in this chapter , includes, but is not limited to, any formula, plan, pattern, process, tool, mechanism, compound, procedure, production data, or compilation of information which is not patented, which is known only to certain individuals within a commercial concern who are using it to fabricate, produce, or compound an article of trade or a service having commercial value, and which gives its user an opportunity to obtain a business advantage over competitors who do not know or use it. See California Health and Safety Code 25290
• trainee: means a 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, clinical laboratory geneticist scientist, clinical reproductive biologist scientist, or other equivalent licensee in the science or specialty or subspecialty for which the person 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.
• 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}
• Undetermined risk area: means an urban or urbanizing area within a moderate flood hazard zone, as delineated on an official flood insurance rate map issued by the Federal Emergency Management Agency, which has not been determined to have an urban level of protection. See California Government Code 65007
• 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}
• 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
• Uphold: The decision of an appellate court not to reverse a lower court decision.
• Urban level of flood protection: means the level of protection that is necessary to withstand flooding that has a 1-in-200 chance of occurring in any given year using criteria consistent with, or developed by, the Department of Water Resources. See California Government Code 65007
• Usury: Charging an illegally high interest rate on a loan. ^{Source: OCC}
• Vendor: as used in this article , means any person, partnership, organization or corporation who exchanges, sells, or offers for sale or exchange any merchandise at a swap meet. See California Business and Professions Code 21661
• Vexatious litigant: means a person who does any of the following:

  California Code of Civil Procedure 391

• Victim advocate: work with prosecutors and assist the victims of a crime.
• visually impaired: includes blindness and means having central visual acuity not to exceed 20/200 in the better eye, with corrected lenses, as measured by the Snellen test, 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 Civil Code 54.6
• Voter: means any elector who is registered under this code. See California Elections Code 359
• Voter-nominated office: means a congressional or state elective office for which a candidate may choose to have his or her party preference or lack of party preference indicated upon the ballot. See California Elections Code 359.5
• Warehouse receipt: means a receipt issued by a person engaged in the business of storing goods for hire. See California Commercial Code 1201
• Weighing instrument: means any device, contrivance, apparatus, or instrument used, or designed to be used, for ascertaining weight and includes any tool, appliance, or accessory used or connected therewith. See California Business and Professions Code 12500
• will: includes codicil. See California Civil Code 14
• Will: includes codicil. See California Code of Civil Procedure 17
• Work permit: means any card, certificate, or permit issued by the commission, or by a county, city, or city and county, whether denominated as a work permit, registration card, or otherwise, authorizing the holder to be employed as a gambling enterprise employee or to serve as an independent agent. See California Business and Professions Code 19805
• 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