Part 1 GENERAL PROVISIONS AND DEFINITIONS GOVERNING PARTS 1 THROUGH 5
Part 2 NONPROFIT PUBLIC BENEFIT CORPORATIONS
Part 3 NONPROFIT MUTUAL BENEFIT CORPORATIONS
Part 4 NONPROFIT RELIGIOUS CORPORATIONS
Part 5 TRANSITION PROVISIONS
Part 6 CORPORATIONS SOLE
Part 7 CORPORATIONS FOR CHARITABLE OR ELEEMOSYNARY PURPOSES
Part 8 TRUST FUNDS
Part 9 SOCIETIES FOR PREVENTION OF CRUELTY TO ANIMALS
Part 10 PORT AND TERMINAL PROTECTION AND DEVELOPMENT CORPORATIONS
Part 11 NONPROFIT MEDICAL, HOSPITAL, OR LEGAL SERVICES CORPORATIONS

Terms Used In California Codes > Corporations Code > Title 1 > Division 2 - NONPROFIT CORPORATION LAW

  • Accepting county: means the county accepting transferred territory by reason of a county boundary change. See California Government Code 23231
  • Access: means a personal inspection and review of a record or an accurate copy of a record, or receipt of an accurate copy of a record, 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 49061
  • Account: means any deposit or credit account with a bank, including a demand, time, savings, passbook, share draft, or like account, other than an account evidenced by a certificate of deposit. See California Commercial Code 4104
  • acquisition of land: as used in this chapter , or in any rule, regulation, or policy adopted by the state librarian pursuant to Section 19960, shall include, but shall not be limited to, the acquisition of land by eminent domain and the eligible cost of acquisition of land by eminent domain shall be the fair market value of the property as defined by Sections 1263. See California Education Code 19957.5
  • Acquittal:
    1. Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
    2. A verdict of "not guilty."
     
  • Adjourn: A motion to adjourn a legislative chamber or a committee, if passed, ends that day's session.
  • administrator: means a person who performs or arranges the collection, maintenance, or disbursement of moneys to compensate any party for claims or repairs pursuant to a service contract, and who also performs or arranges any of the following activities on behalf of service contract sellers:

    California Business and Professions Code 9855

  • Affected county: means any county which contains or would contain territory which is the subject of a boundary change. See California Government Code 23201
  • Affected county: means each county from which territory is proposed to be transferred to create a new county. See California Government Code 23301
  • Affected county: means each county which is proposed to be part of a consolidated county or which is consolidated with one or more counties. See California Government Code 23501
  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Affiliate: means a person 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
  • Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
  • Afternoon: means the period of a day between noon and midnight. See California Commercial Code 4104
  • 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
  • Aide: means an individual who provides supportive services to an occupational therapist or occupational therapy assistant and who is trained by an occupational therapist or occupational therapy assistant to perform, under appropriate supervision, delegated, selected client and nonclient-related tasks for which the aide has demonstrated competency. See California Business and Professions Code 2570.2
  • Allegation: something that someone says happened.
  • Alternative dispute resolution: means mediation, arbitration, conciliation, or other nonjudicial procedure that involves a neutral party in the decisionmaking process. See California Civil Code 5925
  • 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.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
  • 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
  • Appraisal: A determination of property value.
  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • Approved county: means the territory to be included in a new county after the registered voters in the affected county or counties have approved the creation of such a new county at a primary election, pursuant to Article 4 (commencing with Section 23350), but before an election is held for purposes of determining the location of the county seat and the selection of county officers for such new county, pursuant to Article 4. See California Government Code 23301
  • Arrest: Taking physical custody of a person by lawful authority.
  • 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
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Association: means the Occupational Therapy Association of California or a similarly constituted organization representing occupational therapists in this state. See California Business and Professions Code 2570.2
  • at-risk: means there is evidence of, or there are indications of, any of the following:

    California Penal Code 14215

  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • attorney: means a licensee or former licensee of the State Bar. See California Business and Professions Code 6180.14
  • 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.
  • Authorized user: means either of the following:

    California Elections Code 354.5

  • 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

  • Ballot card: means a card or a number of cards upon which are printed, or identified by reference to the ballot, the names of candidates for nomination or election to one or more offices or the ballot titles of one or more measures. See California Elections Code 302
  • Ballot label: means that portion of the ballot containing the names of the candidates or a statement of a measure. See California Elections Code 303
  • Ballot title and summary: means the summary of the chief purpose and points including the fiscal impact summary of any measure that appears in the state voter information guide. See California Elections Code 303.5
  • Bank: means a person engaged in the business of banking, and includes a savings bank, savings and loan association, credit union, and trust company. See California Commercial Code 1201
  • Banking day: means the part of a day on which a bank is open to the public for carrying on substantially all of its banking functions. See California Commercial Code 4104
  • Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
  • 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
  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • Bequeath: To gift property by will.
  • Bequest: Property gifted by will.
  • Bird: means a wild bird or part of a wild bird. See California Fish and Game Code 22
  • Board: means the California Board of Occupational Therapy. See California Business and Professions Code 2570.2
  • Board: means the Public Employment Relations Board created pursuant to Section 3541. See California Government Code 3540.1
  • Board: means the California Library Construction and Renovation Board. See California Education Code 19952
  • Board: means the California Public Library Construction and Renovation Board. See California Education Code 19986
  • 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 , 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
  • board of governors: shall be deemed to refer to the board of trustees. See California Business and Professions Code 6010
  • board of supervisors: means the board of supervisors of the county within which the city or territory is situated. See California Government Code 34001
  • Bona fide association: means an organization of employees and former employees of an agency of the state and the California State University, and which does not have as one of its purposes representing these employees in their employer-employee relations. See California Government Code 1150
  • book: signifies the recordation of an arrest in official police records, and the taking by the police of fingerprints and photographs of the person arrested, or any of these acts following an arrest. See California Penal Code 7
  • Bureau: means the Bureau of Household Goods and Services. See California Business and Professions Code 9801
  • Bureau: refers to the Bureau of Household Goods and Services, as established in Section 9810. See California Business and Professions Code 19225.5
  • Buy: includes an offer to buy, purchase, barter, exchange, or trade. See California Fish and Game Code 24
  • Buyer: means a person who buys or contracts to buy goods. See California Commercial Code 2103
  • Bylaws: as used in this part means the code or codes of rules used, adopted, or recognized for the regulation or management of the affairs of the corporation irrespective of the name or names by which such rules are designated. See California Corporations Code 9150
  • 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.
  • center: means the Violent Crime Information Center. See California Penal Code 14215
  • Certificate: means a valid certificate issued by the council pursuant to this chapter. See California Business and Professions Code 4601
  • certified employee organization: means an organization that has been certified by the board as the exclusive representative of the public school employees in an appropriate unit after a proceeding under Article 5 (commencing with Section 3544). See California Government Code 3540.1
  • Chambers: A judge's office.
  • Charity: An agency, institution, or organization in existence and operating for the benefit of an indefinite number of persons and conducted for educational, religious, scientific, medical, or other beneficent purposes.
  • Chief: refers to the chief of the bureau. See California Business and Professions Code 19225.5
  • 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: is a ny person under 18 years of age. See California Penal Code 14215
  • Circulating title and summary: means the text that is required to be placed on a petition for signatures that is either one of the following:

    California Elections Code 303.5

  • City: includes "city and county" and "incorporated town" but does not include "unincorporated town" or "village. See California Government Code 20
  • Clearinghouse: means an association of banks or other payors regularly clearing items. See California Commercial Code 4104
  • Clerk: means the clerk of a county board of supervisors. See California Government Code 23231
  • Clerk: means the county elections official, registrar of voters, city clerk, or other officer or board charged with the duty of conducting any election. See California Elections Code 307
  • Clerk: means the clerk of a county board of supervisors. See California Government Code 23301
  • Clerk: means the clerk of the county board of supervisors. See California Government Code 23501
  • Clerk: means the clerk of the supervising authority. See California Government Code 58004
  • 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.
  • Client: means a person who has, within the three years preceding the sale of financial products by a lawyer to that person, employed that lawyer for legal services. See California Business and Professions Code 6175
  • 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 County Boundary Review Commission. See California Government Code 23231
  • Commission: means the County Formation Review Commission. See California Government Code 23301
  • Commission: means the California Gambling Control Commission. See California Business and Professions Code 19805
  • Committee: means the California Library Construction and Renovation Finance Committee created pursuant to Section 19972. See California Education Code 19952
  • Committee: means the California Library Construction and Renovation Finance Committee established pursuant to Section 19972. See California Education Code 19986
  • Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
  • Compensation: means a payment, loan, advance, donation, contribution, deposit, or gift of money, or anything of value. See California Business and Professions Code 4601
  • Conducting county: means any county whose board of supervisors adopts a resolution pursuant to Section 23206. See California Government Code 23201
  • Consumer goods: means any new or used product or part thereof that is used, bought, or leased for use primarily for personal, family, or household purposes, including assistive devices. See California Business and Professions Code 9855
  • Contiguous: means territory which adjoins the boundary line of the proposed county. See California Government Code 23301
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Continuing competence: means a dynamic and multidimensional process in which the occupational therapist or occupational therapy assistant develops and maintains the knowledge, performance skills, interpersonal abilities, critical reasoning, and ethical reasoning skills necessary to perform current and future roles and responsibilities within the profession. See California Business and Professions Code 2570.2
  • 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
  • Contract for sale: includes both a present sale of goods and a contract to sell goods at a future time. See California Commercial Code 2106
  • 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
  • Conviction: A judgement of guilt against a criminal defendant.
  • Corporation: as used in this part and Part 5 (commencing with Section 9910), refers to corporations defined in subdivisions (b), (c), and (d). See California Corporations Code 5046
  • Corporation: includes a corporation, a company, an association, and a joint stock association. See California Business and Professions Code 19225.5
  • Council: means the California Massage Therapy Council created pursuant to this chapter, which shall be a nonprofit organization exempt from taxation under Section 501(c)(3) of Title 26 of the United States Code. See California Business and Professions Code 4601
  • County: includes city and county. See California Fish and Game Code 32
  • County: includes city and county. See California Government Code 19
  • County: includes city and county. See California Health and Safety Code 14
  • county: includes "city and county". See California Penal Code 7
  • County: includes "city and county. See California Corporations Code 14
  • County: includes city and county. See California Family Code 67
  • County officer: means any elected officer enumerated in Division 2 (commencing with Section 24000) of Title 3 of the Government Code. See California Elections Code 314
  • County placing agency: means the county social service department or county probation department. See California Education Code 49061
  • Credible science: means the best available scientific information that is not overly prescriptive due to the dynamic nature of science, and includes the evaluation principles of relevance, inclusiveness, objectivity, transparency, timeliness, verification, validation, and peer review of information as appropriate. See California Fish and Game Code 33
  • 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
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Day: means calendar day, and "week" means calendar week. See California Fish and Game Code 35
  • Decedent: A deceased person.
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Defendant: includes a person in the position of defendant in a counterclaim, cross-claim, or third-party claim. See California Commercial Code 1201
  • Defensible space: means the area adjacent to a structure or dwelling where wildfire prevention or protection practices are implemented to provide defense from an approaching wildfire or to minimize the spread of a structure fire to wildlands or surrounding areas. See California Government Code 51177
  • department: means State Department of Health Services. See California Health and Safety Code 20
  • department: whenever used in this code , unless the context otherwise requires, means the State Department of Education. See California Education Code 89
  • Department: refers to the Department of Consumer Affairs. See California Business and Professions Code 19225.5
  • Department: means the Department of Justice. See California Business and Professions Code 19805
  • Dependent: A person dependent for support upon another.
  • Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
  • designated instruction and services: means "related services" as that term is defined in Section 1401(26) of Title 20 of the United States Code and Section 300. See California Education Code 56363
  • Development: includes , but is not limited to, improvement, rehabilitation, restoration, enhancement, preservation, protection, and interpretation. See California Education Code 20052
  • Developmentally Disabled Assistance Act: means the Developmentally Disabled Assistance and Bill of Rights Act, as amended (P. See California Business and Professions Code 6213
  • Devise: To gift property by will.
  • Director: means the Director of Consumer Affairs. See California Business and Professions Code 9801
  • Director: means "State Director of Health Services. See California Health and Safety Code 21
  • Director: means the Director of Forestry and Fire Protection. See California Government Code 51177
  • Director: refers to the Director of Consumer Affairs. See California Business and Professions Code 19225.5
  • 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
  • directors: means natural persons, designated in the articles or bylaws or elected by the incorporators, and their successors and natural persons designated, elected, or appointed by any other name or title to act as members of the governing body of the corporation. See California Corporations Code 5047
  • Directory information: means one or more of the following items: pupil's name, address, telephone number, date of birth, email address, 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, and the most recent previous public or private school attended by the pupil. See California Education Code 49061
  • Disability: means a medical condition, mental disability, or physical disability, as those terms are defined in subdivisions (i), (j), and (l) of Section 12926 of the Government Code. See California Elections Code 354.5
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • dissenting interest: means the interest of a member that satisfies all of the following conditions:

    California Corporations Code 17711.02

  • dissenting member: means the recordholder of a dissenting interest, and includes an assignee of record of that interest. See California Corporations Code 17711.02
  • district: means any agency of the state formed pursuant to general law or special act, for the local performance of governmental or proprietary functions within limited boundaries. See California Government Code 1090
  • District: means a tax or assessment district. See California Government Code 58004
  • Donor: The person who makes a gift.
  • Draft: means a draft as defined in Section 3104 or an item, other than an instrument, that is an order. See California Commercial Code 4104
  • Drawee: means a person ordered in a draft to make payment. See California Commercial Code 4104
  • economic opportunity: means any of the following:

    California Government Code 52200.2

  • Educational institution: means a school district, a community college district, a state university, the University of California, and the State Department of Education special schools. See California Education Code 32220
  • Election: means any election including a primary that is provided for under this code. See California Elections Code 318
  • Electioneering: means the visible display or audible dissemination of information that advocates for or against any candidate or measure on the ballot within 100 feet of a polling place, a vote center, an elections official's office, or a satellite location under Section 3018. See California Elections Code 319.5
  • 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 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 institution: means either of the following:

    California Business and Professions Code 6213

  • 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: means a person employed by a public school employer except persons elected by popular vote, persons appointed by the Governor of this state, management employees, and confidential employees. See California Government Code 3540.1
  • Employee organization: means an organization that includes employees of a public school employer and that has as one of its primary purposes representing those employees in their relations with that public school employer. See California Government Code 3540.1
  • Employee organization: means an organization which represents employees of a public employer and that has been recognized or certified by the public employer or the Public Employment Relations Board as the exclusive representative of the employees. See California Government Code 1150
  • employer: means the governing board of a school district, a school district, a county board of education, a county superintendent of schools, a charter school that has declared itself a public school employer pursuant to subdivision (b) of Section 47611. See California Government Code 3540.1
  • Endowment: means the California Cultural and Historical Endowment created pursuant to Section 20053, or the board of the endowment, as appropriate. See California Education Code 20052
  • Enforcement action: means a civil action or proceeding, other than a cross-complaint, for any of the following purposes:

    California Civil Code 5925

  • Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
  • 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
  • Escheat: Reversion of real or personal property to the state when 1) a person dies without leaving a will and has no heirs, or 2) when the property (such as a bank account) has been inactive for a certain period of time. Source: OCC
  • Escrow: Money given to a third party to be held for payment until certain conditions are met.
  • establishment: means a fixed location where massage is performed for compensation, excluding those locations where massage is only provided on an out-call basis. See California Business and Professions Code 4601
  • Ex officio: Literally, by virtue of one's office.
  • Examination: means an entry level examination for occupational therapists and occupational therapy assistants administered by the National Board for Certification in Occupational Therapy or by another nationally recognized credentialing body. See California Business and Professions Code 2570.2
  • Exclusive representative: means the employee organization recognized or certified as the exclusive negotiating representative of public school employees, as "public school employee" is defined in subdivision (j), in an appropriate unit of a public school employer. See California Government Code 3540.1
  • 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 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
  • Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
  • Federal election: means any presidential election, general election, primary election, or special election held solely or in part for the purpose of selecting, nominating, or electing any candidate for the office of President, Vice President, presidential elector, Member of the United States Senate, or Member of the United States House of Representatives. See California Elections Code 323
  • 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
  • Fee generating case: means a case or matter that, if undertaken on behalf of an indigent person by an attorney in private practice, reasonably may be expected to result in payment of a fee for legal services from an award to a client, from public funds, or from the opposing party. See California Business and Professions Code 6213
  • Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
  • Felony: A crime carrying a penalty of more than a year in prison.
  • Fiduciary: A trustee, executor, or administrator.
  • Financial products: means long-term care insurance, life insurance, and annuities governed by the Insurance Code, or its successors. See California Business and Professions Code 6175
  • 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
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • Flow line: means a pipeline which transports hazardous liquid substances from the well head to a treating facility or production storage facility. See California Government Code 51010.5
  • Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
  • Forgery: The fraudulent signing or alteration of another's name to an instrument such as a deed, mortgage, or check. The intent of the forgery is to deceive or defraud. Source: OCC
  • Foster family home: includes a small family home as defined in paragraph (6) of subdivision (a) of Section 1502 of the Health and Safety Code, a certified family home of a foster family agency as defined in Section 1506 of the Health and Safety Code, and a resource family as defined in Section 1517 of the Health and Safety Code and Section 16519. See California Education Code 56155.5
  • 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

  • Fraud: Intentional deception resulting in injury to another.
  • Fuel: means any combustible material, including petroleum-based products and wildland fuels. See California Government Code 51177
  • Fund: means the California Library Construction and Restoration Fund created pursuant to Section 19955. See California Education Code 19952
  • Fund: means the California Public Library Construction and Renovation Fund. See California Education Code 19986
  • Fund: means the Household Movers Fund established pursuant to Section 19229. See California Business and Professions Code 19225.5
  • 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
  • General election: means either of the following:

    California Elections Code 324

  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • GIS mapping system: means a geographical information system that will collect, store, retrieve, analyze, and display environmental geographical data in a data base that is accessible to the public. See California Government Code 51010.5
  • Good faith: except as otherwise provided in Division 5 (commencing with Section 5101), means honesty in fact and the observance of reasonable commercial standards of fair dealing. See California Commercial Code 1201
  • Good standing: means that the person has a current, valid license to practice occupational therapy or assist in the practice of occupational therapy and has not been disciplined by the recognized professional licensing or standard-setting body within five years prior to application or renewal of the person's license. See California Business and Professions Code 2570.2
  • goods: means goods used or bought for use primarily for personal, family or household purposes. See California Commercial Code 2800
  • Governing board: means board of school trustees, community college board of trustees, and city, and city and county board of education. See California Education Code 78
  • Governing board: means the governing board of a school district or community college district, the Trustees of the California State University, and the Regents of the University of California. See California Education Code 32220
  • Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
  • Grant of an open-space easement: means a grant by an instrument whereby the owner relinquishes to the public, either in perpetuity or for a term of years, the right to construct improvements upon the land except as may be expressly reserved in the instrument and which contains a covenant with the city or county, running with the land, either in perpetuity or for a term of years, not to construct or permit the construction of any improvements, except as that right is expressly reserved in the instrument and except for public service facilities installed for the benefit of the land subject to any covenant or public service facilities installed pursuant to an authorization by the governing body of the city or county or the Public Utilities Commission. See California Government Code 51051
  • 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
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • 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
  • Household mover: includes every corporation or person, their lessees, trustee, receivers, or trustees appointed by any court whatsoever, engaged in the permitted or unpermitted transportation for compensation or hire as a business by means of a motor vehicle or motor vehicles being used in the transportation of used household goods and personal effects over any public highway in this state. See California Business and Professions Code 19225.5
  • Hydrostatic testing: means the application of internal pressure above the normal or maximum operating pressure to a segment of pipeline, under no-flow conditions for a fixed period of time, utilizing a liquid test medium. See California Government Code 51010.5
  • 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.
  • Indebtedness: means the net obligations of a county arising from contract or through the operation of law, other than short-term operational expenses, but including and not limited to obligations arising under general obligation bonds, leases, joint powers agreements, and similar obligations or contracts entered into by the county prior to the date on which a petition is filed. See California Government Code 23301
  • 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
  • Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
  • Indigent person: means a person whose income is (1) 125 percent or less of the current poverty threshold established by the United States Office of Management and Budget, or (2) who is eligible for Supplemental Security Income or free services under the Older Americans Act or Developmentally Disabled Assistance Act. See California Business and Professions Code 6213
  • 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
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Insolvency proceeding: includes an assignment for the benefit of creditors or other proceeding intended to liquidate or rehabilitate the estate of the person involved. See California Commercial Code 1201
  • Insolvent: means :

    California Commercial Code 1201

  • 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
  • Intangible property: Property that has no intrinsic value, but is merely the evidence of value such as stock certificates, bonds, and promissory notes.
  • Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. Source: OCC
  • Intestate: Dying without leaving a will.
  • IOLTA account: means an account or investment product established and maintained pursuant to subdivision (a) of Section 6211 that is any of the following:

    California Business and Professions Code 6213

  • Item: means an instrument or a promise or order to pay money handled by a bank for collection or payment. See California Commercial Code 4104
  • Joint committee: Committees including membership from both houses of teh legislature. Joint committees are usually established with narrow jurisdictions and normally lack authority to report legislation.
  • Joint session: When both chambers of a legislature adopt a concurrent resolution to meet together.
  • Judicial officer: means any Justice of the Supreme Court, justice of a court of appeal, or judge of the superior court. See California Elections Code 327
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Jurisprudence: The study of law and the structure of the legal system.
  • Juror: A person who is on the jury.
  • Key employee: means any 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
  • knowingly: import s only a knowledge that the facts exist which bring the act or omission within the provisions of this code. See California Penal Code 7
  • landholder: means any person who owns, leases, or has a possessory interest in land. See California Fish and Game Code 3402
  • law: means any federal law relating to internal revenue. See California Government Code 1170
  • law practice: means (a) a law practice conducted by an individual. See California Business and Professions Code 6180.14
  • Lawyer: means a licensee of the State Bar or a person who is admitted and in good standing and eligible to practice before the bar of any United States court or the highest court of the District of Columbia or any state, territory, or insular possession of the United States, or licensed to practice law in, or is admitted in good standing and eligible to practice before the bar of the highest court of, a foreign country or any political subdivision thereof, and includes any agent of the lawyer or law firm or law corporation doing business in the state. See California Business and Professions Code 6175
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Legacy: A gift of property made by will.
  • Legal Services Corporation: means the Legal Services Corporation established under the Legal Services Corporation Act of 1974 (P. See California Business and Professions Code 6213
  • legislative body: means board of trustees, city council, or other governing body of a city. See California Government Code 34000
  • Legislative body: as used in this division , means board of supervisors in the case of a county or city and county, and city council or board of trustees in the case of a city, unless the context otherwise requires. See California Government Code 50002
  • Legislative session: That part of a chamber's daily session in which it considers legislative business (bills, resolutions, and actions related thereto).
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • license: includes a license, limited permit, or any other authorization to engage in practice regulated by this chapter. See California Business and Professions Code 2570.26
  • 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: shall include a permit or a certificate issued by a state agency. See California Penal Code 23
  • 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 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
  • 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: A claim against real or personal property in satisfaction of a debt.
  • Life estate: A property interest limited in duration to the life of the individual holding the interest (life tenant).
  • 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
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Local agency: as used in this article , means a county, city, city and county, political subdivision, district, or municipal corporation. See California Government Code 1125
  • Local agency: as used in this division means county, city, or city and county, unless the context otherwise requires. See California Government Code 50001
  • Local agency: means a city, county, city and county, or district responsible for fire protection within a very high fire hazard severity zone. See California Government Code 51177
  • magistrate: signifies any one of the officers mentioned in Section 808. See California Penal Code 7
  • maliciously: import a wish to vex, annoy, or injure another person, or an intent to do a wrongful act, established either by proof or presumption of law. See California Penal Code 7
  • Mammal: means a wild or feral mammal or part of a wild or feral animal, but not a wild, feral, or undomesticated burro. See California Fish and Game Code 54
  • mandatory supervision: shall mean the portion of a defendant's sentenced term during which time he or she is supervised by the county probation officer pursuant to subparagraph (B) of paragraph (5) of subdivision (h) of Section 1170. See California Penal Code 19.9
  • Massage: means the scientific manipulation of the soft tissues. See California Business and Professions Code 4601
  • Massage practitioner: means a person who is certified by the council pursuant to Section 4604. See California Business and Professions Code 4601
  • Massage therapist: means a person who is certified by the council under Section 4604 and who administers massage for compensation. See California Business and Professions Code 4601
  • 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
  • Measure: means any constitutional amendment or other proposition submitted to a popular vote at any election. See California Elections Code 329
  • Meeting and negotiating: means meeting, conferring, negotiating, and discussing by the exclusive representative and the public school employer in a good faith effort to reach agreement on matters within the scope of representation and the execution, if requested by either party, of a written document incorporating any agreements reached, which document shall, when accepted by the exclusive representative and the public school employer, become binding upon both parties and, notwithstanding Section 3543. See California Government Code 3540.1
  • Member of an athletic team: means member of any extramural athletic team engaged in athletic events on or outside the school grounds, maintained or sponsored by the educational institution or a student body organization thereof. See California Education Code 32220
  • Military or overseas voter: means an elector absent from the county in which he or she is otherwise eligible to vote who is any of the following:

    California Elections Code 300

  • Misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement.
  • Money: means a medium of exchange currently authorized or adopted by a domestic or foreign government. See California Commercial Code 1201
  • month: means a calendar month, unless otherwise expressed. See California Civil Code 14
  • month: means a calendar month, unless otherwise expressed. See California Penal Code 7
  • Month: means a calendar month, unless otherwise expressed. See California Code of Civil Procedure 17
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Mortgagee: The person to whom property is mortgaged and who has loaned the money.
  • Motor vehicle: means every motor truck, tractor, or other self-propelled vehicle used for transportation of property over the public highways, other than upon fixed rails or tracks, and any trailer, semitrailer, dolly, or other vehicle drawn thereby. See California Business and Professions Code 19225.5
  • Motor vehicle fuel: includes gasoline, natural gasoline, blends of gasoline and alcohol, or gasoline and oxygenates, and any inflammable liquid, by whatever name the liquid may be known or sold, which is used or is usable for propelling motor vehicles operated by the explosion type engine. See California Government Code 51010.5
  • Municipal election: means elections in general law cities and where applicable in chartered cities. See California Elections Code 330
  • Museum: means a public or private nonprofit institution that is organized on a permanent basis for essentially educational or aesthetic purposes and that owns or uses tangible objects, cares for those objects, and exhibits them to the general public on a regular basis. See California Education Code 20052
  • Music therapy: means the clinical and evidence-based use of music therapy interventions in developmental, rehabilitative, habilitative, medical, mental health, preventive, wellness care, or educational settings to address physical, emotional, cognitive, and social needs of individuals within a therapeutic relationship. See California Business and Professions Code 4653
  • Music therapy interventions: include , but are not limited to, music improvisation, receptive music listening, song writing, lyric discussion, music and imagery, singing, music performance, learning through music, music combined with other arts, music-assisted relaxation, music-based patient education, electronic music technology, adapted music intervention, and movement to music. See California Business and Professions Code 4653
  • New resident: means a person who meets all requirements of an elector of the State of California except that his or her residency was established subsequent to the 15th day prior to the election. See California Elections Code 332
  • Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
  • Nominate: means the selection, at a state-conducted primary election, of candidates who are entitled by law to participate in the general election for that office, but does not mean any other lawful mechanism that a political party may adopt for the purposes of choosing the candidate who is preferred by the party for a nonpartisan or voter-nominated office. See California Elections Code 332.5
  • 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
  • Nonprofit organization: means any nonprofit public benefit corporation that is formed pursuant to the Nonprofit Corporation Law (commencing with Section 500 of the Corporations Code), qualified to do business in California, and qualified under Section 501(c)(3) of the Internal Revenue Code, that has, among its principal charitable purposes, the preservation of historic or cultural resources for cultural, scientific, historic, educational, recreational, agricultural, or scenic opportunities. See California Education Code 20052
  • Nonresident: means a person who is not a resident as defined in Section 70. See California Fish and Game Code 57
  • Notice: includes all papers and orders required to be served in any proceedings before any court, board, or officer, or when required by law to be served independently of such proceeding. See California Government Code 26660
  • Oath: includes affirmation. See California Government Code 15
  • Oath: A promise to tell the truth.
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Occupational therapist: means an individual who meets the minimum education requirements specified in Section 2570. See California Business and Professions Code 2570.2
  • Occupational therapy: means the therapeutic use of purposeful and meaningful goal-directed activities (occupations) with individuals, groups, populations, or organizations, to support participation, performance, and function in roles and situations in home, school, workplace, community, and other settings. See California Business and Professions Code 2570.2
  • Occupational therapy assistant: means an individual who is licensed pursuant to the provisions of this chapter, who is in good standing as determined by the board, and based thereon, who is qualified to assist in the practice of occupational therapy under this chapter, and who works under the appropriate supervision of a licensed occupational therapist. See California Business and Professions Code 2570.2
  • Occupational therapy services: means the services of an occupational therapist or the services of an occupational therapy assistant under the appropriate supervision of an occupational therapist. See California Business and Professions Code 2570.2
  • Older Americans Act: means the Older Americans Act of 1965, as amended (P. See California Business and Professions Code 6213
  • Open season: means that period of time during which the taking of birds, mammals, fish, reptiles, or amphibians is allowed as prescribed in this code and regulations adopted by the commission. See California Fish and Game Code 62
  • Optical products: means prescription and nonprescription eyewear. See California Business and Professions Code 9855
  • 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
  • Oversight: Committee review of the activities of a Federal agency or program.
  • Owner: means any lessee or trustee, if the expiration of the lease or trust occurs at a time later than the expiration of the easement or any extension thereof. See California Government Code 51051
  • Owner: includes joint owner, co-owner, guardian, executor, administrator, or other person holding property in trust under court appointment. See California Government Code 58004
  • Owner licensee: means an owner of a gambling enterprise who holds a state gambling license. See California Business and Professions Code 19805
  • Paper cast vote record: means an auditable document that corresponds to the selection made on the voter's ballot and lists the contests on the ballot and the voter's selections for those contests. See California Elections Code 305.5
  • Parent: means a natural parent, an adopted parent, or legal guardian. See California Education Code 49061
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Party: means a political party or organization that has qualified for participation in any primary or presidential general election. See California Elections Code 338
  • peace officer: signify any one of the officers mentioned in Chapter 4. See California Penal Code 7
  • Person: means an individual, partnership, unincorporated organization, or corporation. See California Business and Professions Code 2570.2
  • Person: includes a firm, partnership, association, limited liability company, or corporation. See California Business and Professions Code 9801
  • Person: includes any person, firm, association, organization, partnership, limited liability company, business trust, corporation, or company. See California Government Code 17
  • Person: means any person, firm, association, organization, partnership, business trust, corporation, limited liability company, or company. See California Health and Safety Code 19
  • Person: 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 Penal Code 7
  • Person: includes an individual, a firm, or a copartnership. See California Business and Professions Code 19225.5
  • Person: includes a natural person, firm, association, organization, partnership, business trust, corporation, limited liability company, or public entity. See California Family Code 105
  • Personal property: includes money, goods, chattels, things in action, and evidences of debt. See California Code of Civil Procedure 17
  • personal property: include money, goods, chattels, things in action, and evidences of debt. See California Penal Code 7
  • Petitioner: includes plaintiff, where appropriate. See California Family Code 126
  • Physical agent modalities: means techniques that produce a response in soft tissue through the use of light, water, temperature, sound, or electricity. See California Business and Professions Code 2570.2
  • Pipeline: includes every intrastate pipeline used for the transportation of hazardous liquid substances or highly volatile liquid substances, including a common carrier pipeline, and all piping containing those substances located within a refined products bulk loading facility which is owned by a common carrier and is served by a pipeline of that common carrier, and the common carrier owns and serves by pipeline at least five such facilities in the state. See California Government Code 51010.5
  • Player: means a patron of a gambling establishment who participates in a controlled game. See California Business and Professions Code 19805
  • Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
  • Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
  • 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
  • Possession limit: means the maximum, in number or amount, of birds, mammals, fish, reptiles, or amphibians that may be lawfully possessed by one person. See California Fish and Game Code 19
  • Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
  • Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
  • Precinct: means a geographical area within a county that is made up of voters and is formed pursuant to Chapter 3 (commencing with Section 12200) of Division 12. See California Elections Code 338.6
  • precinct board: means the board appointed by the elections official to serve at a vote center. See California Elections Code 339
  • Preservation: includes , but is not limited to, identification, evaluation, recordation, restoration, stabilization, development, and reconstruction, or any combination of those activities. See California Education Code 20052
  • Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
  • Primary election: includes all primary nominating elections provided for by this code. See California Elections Code 341
  • Principal act: means the law providing for the creation of a particular district or type of district. See California Government Code 58004
  • Principal county: means the county from which it is proposed that territory with the greatest proportion of assessed value, as shown on the last equalized assessment roll, relative to the total amount of taxable property within the boundaries of a proposed county, is to be transferred to create, in part, that proposed county. See California Government Code 23301
  • Principal county: means the county with the greatest proportion of assessed value, as shown on the last equalized assessment roll, to the total amount of taxable property in the county. See California Government Code 23501
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Probate: Proving a will
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • 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
  • Production facility: means piping or equipment used in the production, extraction, recovery, lifting, stabilization, separation, or treatment of petroleum or associated storage or measurement. See California Government Code 51010.5
  • Project: means the work, improvement, or acquisition, or any combination thereof undertaken by a district. See California Government Code 58004
  • property: includes property real and personal. See California Civil Code 14
  • property: includes both real and personal property. See California Penal Code 7
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Public agency: includes counties, cities, municipal corporations, political subdivisions, public districts, and other public agencies of the state. See California Government Code 1150
  • Public agency: means a federal agency, state agency, city, county, district, association of governments, joint powers agency, or tribal organization. See California Education Code 20052
  • public agency: includes every port district, river port district, municipal port district, harbor district, harbor improvement district, joint harbor improvement district, Board of State Harbor Commissioners, board of harbor commissioners, city, county, and city and county in this state. See California Corporations Code 10700
  • public body: means any county, city and county, city, municipal corporation, political subdivision, school district, or any other public district or public corporation, any public authority, or any agency of any thereof. See California Government Code 1101
  • Public defender: Represent defendants who can't afford an attorney in criminal matters.
  • Public drinking water well: means a wellhead that provides drinking water to a public water system as defined in Section 116275 of the Health and Safety Code, that is regulated by the State Department of Health Services and that is subject to Section 116455 of the Health and Safety Code. See California Government Code 51010.5
  • Public employer: means the state, the Regents of the University of California, the Trustees of the California State University and the California State University, the Judicial Council, a trial court, a county, city, district, public authority, including transit district, public agency, or any other political subdivision or public corporation of the state, except as provided in paragraph (2). See California Government Code 1150
  • Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
  • public securities: means any issue of bonds, notes, warrants, or other evidences of indebtedness and the interest coupons, if any, attached thereto, issued by any public body. See California Government Code 1100
  • 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
  • Punchcard: means a tabulating card on which the voter may record his or her vote by punching, marking, or slotting. See California Elections Code 344
  • Punching: includes marking a ballot card to record a vote. See California Elections Code 345
  • Pupil record: means any item of information directly related to an identifiable pupil, other than directory information, that is maintained by a school district or required to be maintained by an employee in the performance of his or her duties whether recorded by handwriting, print, tapes, film, microfilm, or other means. See California Education Code 49061
  • 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
  • Purchaser: means a person that takes by purchase. 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 legal services project: means either of the following:

    California Business and Professions Code 6213

  • 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
  • Quorum: The number of legislators that must be present to do business.
  • Real estate investment trust: as used in this part means any unincorporated association or trust formed to engage in business and managed by, or under the direction of, one or more trustees for the benefit of the holders or owners (hereinafter in this part "shareowners") of transferable shares of beneficial interest in the trust estate (hereinafter in this part "shares") and that meets one of the following two tests:

    California Corporations Code 23000

  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Recipient: means a qualified legal services project or support center receiving financial assistance under this article. See California Business and Professions Code 6213
  • 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
  • Regular election: is a n election, the specific time for the holding of which is prescribed by law. See California Elections Code 348
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • Remand: When an appellate court sends a case back to a lower court for further proceedings.
  • Remedy: means any remedial right to which an aggrieved party is entitled with or without resort to a tribunal. See California Commercial Code 1201
  • Remote accessible vote by mail system: means a mechanical, electromechanical, or electronic system and its software that is used for the sole purpose of marking an electronic vote by mail ballot for a voter with disabilities or a military or overseas voter who shall print the paper cast vote record to be submitted to the elections official. See California Elections Code 303.3
  • remote interest: means any of the following:

    California Government Code 1091

  • 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
  • Requisite number of petitioners: means the number of qualified petitioners prescribed by the principal act. See California Government Code 58004
  • Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
  • Resident: means any person who has resided continuously in the State of California for six months or more immediately prior to the date of his application for a license or permit, any person on active military duty with the Armed Forces of the United States or auxiliary branch thereof, or any person enrolled in the Job Corps established pursuant to Section 2883 of Title 29 of the United States Code. See California Fish and Game Code 70
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • Right: includes remedy. See California Commercial Code 1201
  • Roster: means the official list of voters for an election, which may be in paper or electronic form. See California Elections Code 349.5
  • 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
  • Rural area: means a location which lies outside the limits of any incorporated or unincorporated city or city and county, or other residential or commercial area, such as a subdivision, a business, a shopping center, or a community development. See California Government Code 51010.5
  • School district: means any school district maintaining any kindergarten or any of grades 1 to 12, inclusive, any public school providing instruction in any kindergarten or any of grades 1 to 12, inclusive, the office of the county superintendent of schools, or any special school operated by the department. See California Education Code 49061
  • School officer: means the Superintendent of Public Instruction and the superintendent of schools of a county. See California Elections Code 352
  • seal: includes an impression of such seal upon the paper alone, or upon any substance attached to the paper capable of receiving a visible impression. See California Penal Code 7
  • season: means "open season. See California Fish and Game Code 62
  • 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: 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
  • Sell: means to act as a broker for a commission. See California Business and Professions Code 6175
  • seller: means a person who sells or offers to sell a service contract to a service contractholder, including a person who is the obligor under a service contract sold by the seller, manufacturer, or repairer of the product covered by the service contract. See California Business and Professions Code 9855
  • Seller: means a person who sells or contracts to sell goods. See California Commercial Code 2103
  • Service contract: means a contract in writing to perform, over a fixed period of time or for a specified duration, services relating to the maintenance, replacement, or repair of consumer goods and may include provisions for incidental payment of indemnity under limited circumstances, including, but not limited to, power surges, food spoilage, or accidental damage from handling. See California Business and Professions Code 9855
  • Service contract reimbursement insurance policy: means a policy of insurance issued by an insurer admitted to do business in this state providing coverage for all obligations and liabilities incurred by a service contract seller under the terms of the service contracts sold in this state by the service contract seller to a service contractholder. See California Business and Professions Code 9855
  • Service contractholder: means a person who purchases or receives a service contract from a service contract seller. See California Business and Professions Code 9855
  • Service contractor: means a service contract administrator or a service contract seller. See California Business and Professions Code 9855
  • Service dealer: means a person who, for compensation, engages in, or holds himself or herself out to the public as offering services in the business of:

    California Business and Professions Code 9801

  • Service of process: The service of writs or summonses to the appropriate party.
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • Sheriff: includes marshal. See California Code of Civil Procedure 17
  • 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
  • Signature stamp: means a stamp that contains the impression of any of the following:

    California Elections Code 354.5

  • Signed: includes using any symbol executed or adopted with present intention to adopt or accept a writing. See California Commercial Code 1201
  • Software: includes all programs, voting devices, cards, ballot cards or papers, operating manuals or instructions, test procedures, printouts, and other nonmechanical or nonelectrical items necessary to the operation of a voting system. See California Elections Code 355
  • Special election: is a n election, the specific time for the holding of which is not prescribed by law. See California Elections Code 356
  • Spouse: includes "registered domestic partner" as required by Section 297. See California Government Code 12.2
  • Spouse: includes "registered domestic partner" as required by Section 297. See California Business and Professions Code 14.2
  • Spouse: includes "registered domestic partner" as required by Section 297. See California Code of Civil Procedure 17
  • Spouse: includes "registered domestic partner" as required by Section 297. See California Elections Code 356.5
  • Spouse: includes "registered domestic partner" as required by Section 297. See California Corporations Code 12.2
  • State: means the State of California, unless applied to the different parts of the United States. See California Government Code 18
  • State: means the State of California, unless applied to the different parts of the United States. See California Health and Safety Code 23
  • State: means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. See California Commercial Code 1201
  • State: includes the District of Columbia and the territories when applied to the different parts of the United States, and the words "United States" may include the district and territories. See California Code of Civil Procedure 17
  • state: when applied to the different parts of the United States, includes the District of Columbia and the territories, and the words "United States" may include the district and territories. See California Penal Code 7
  • State: 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 employee: means all persons who receive wages for services through the uniform payroll system established and administered by the Controller under Section 12470. See California Government Code 1150
  • 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
  • Statewide election: is a n election held throughout the state. See California Elections Code 357
  • Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
  • Student body organization: means any student organization under supervision of the educational institution or its officers. See California Education Code 32220
  • Subdivision: means a subdivision of the section in which the term occurs unless some other section is expressly mentioned. See California Government Code 10
  • Subdivision: means a subdivision of the section in which the term appears unless some other section is expressly mentioned. See California Corporations Code 10
  • 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
  • Supervising authority: means the board of supervisors of the county in which is situated all or most of the land in a district, or body authorized by law to initiate or hear proceedings for the creation of a district. See California Government Code 58004
  • Surety: includes a guarantor or other secondary obligor. See California Commercial Code 1201
  • tax obligation: means the tax imposed under, or in accordance with, Part 1 (commencing with Section 6001), Part 1. See California Business and Professions Code 31
  • Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
  • Term: means a portion of an agreement that relates to a particular matter. See California Commercial Code 1201
  • Testify: Answer questions in court.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • third party: means a person that has engaged in a transaction or made an agreement subject to this code. See California Commercial Code 1201
  • 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.
  • 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.
  • Transferring county: means the county from which territory is, or is proposed to be, transferred by reason of a county boundary change. See California Government Code 23231
  • Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. Source: OCC
  • Trustee: A person or institution holding and administering property in trust.
  • 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
  • two-way communication devices: include , but are not necessarily limited to, telephones, intercoms, walkie-talkies, or portable radios. See California Education Code 32226
  • Unauthorized signature: means a signature made without actual, implied, or apparent authority. See California Commercial Code 1201
  • Uninhabited territory: means territory where less than 12 persons who have been registered to vote within the territory for at least 54 days reside at the time of filing of a petition or resolution for county boundary change. See California Government Code 23231
  • Variable Rate: Having a "variable" rate means that the APR changes from time to time based on fluctuations in an external rate, normally the Prime Rate. This external rate is known as the "index." If the index changes, the variable rate normally changes. Also see Fixed Rate.
  • Vegetation: means all plants, including trees, shrubs, grass, and perennial or annual plants. See California Government Code 51177
  • Venue: The geographical location in which a case is tried.
  • Verdict: The decision of a petit jury or a judge.
  • Very high fire hazard severity zone: means an area designated by the director pursuant to Section 51178 that is not a state responsibility area. See California Government Code 51177
  • vessel: means a vessel as defined in subdivision (c) of Section 651 of the Harbors and Navigation Code. See California Penal Code 7
  • Veto: The procedure established under the Constitution by which the President/Governor refuses to approve a bill or joint resolution and thus prevents its enactment into law. A regular veto occurs when the President/Governor returns the legislation to the house in which it originated. The President/Governor usually returns a vetoed bill with a message indicating his reasons for rejecting the measure. In Congress, the veto can be overridden only by a two-thirds vote in both the Senate and the House.
  • Vote center: means a location established for holding elections that offers the services described in Sections 2170, 4005, and 4007. See California Elections Code 357.5
  • Voter: means any elector who is registered under this code. See California Elections Code 359
  • Voter list: means the list of registered voters in a single or consolidated precinct or in an entire county. See California Elections Code 359.2
  • Voter-nominated office: means a congressional or state elective office for which a candidate may choose to have his or her party preference or lack of party preference indicated upon the ballot. See California Elections Code 359.5
  • Voting device: means any device used in conjunction with a ballot card or cards to indicate the choice of the voter by marking, punching, or slotting the ballot card. See California Elections Code 360
  • Voting machine: means any electronic device, including, but not limited to, a precinct optical scanner and a direct recording voting system, into which a voter may enter his or her votes, and which, by means of electronic tabulation and generation of printouts or other tangible, human-readable records, furnishes a total of the number of votes cast for each candidate and for or against each measure. See California Elections Code 361
  • Voting system: means a mechanical, electromechanical, or electronic system and its software, or any combination of these used for casting a ballot, tabulating votes, or both. See California Elections Code 362
  • Wildfire: means an unplanned, unwanted wildland fire, including unauthorized human-caused fires, escaped wildland fire use events, escaped prescribed fire projects, and all other wildland fires where the objective is to extinguish the fire. See California Government Code 51177
  • Wildlife: means and includes all wild animals, birds, plants, fish, amphibians, reptiles, and related ecological communities, including the habitat upon which the wildlife depends for its continued viability. See California Fish and Game Code 89.5
  • will: includes codicil. See California Civil Code 14
  • will: includes codicil. See California Penal Code 7
  • Will: includes codicil. See California Code of Civil Procedure 17
  • willfully: when applied to the intent with which an act is done or omitted, implies simply a purpose or willingness to commit the act, or make the omission referred to. See California Penal Code 7
  • 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
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.
  • 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