Chapter 1 Organization and Bylaws
Chapter 2 Directors and Management
Chapter 3 Members
Chapter 4 Meetings and Voting
Chapter 5 Records, Reports and Rights of Inspection
Chapter 6 Miscellaneous Provisions

Terms Used In California Codes > Corporations Code > Title 1 > Division 2 > Part 4

  • Abstract of judgment: In a federal criminal proceeding, A certification from a U.S. District Court clerk that a judgment of restitution was entered against the defendant owing to the victim. If the defendant inherits, owns, or sells real property or holdings, these assets can then be attached at the state and local levels as well.
  • Account: when used to mean a contract of deposit of funds between a depositor and a financial institution, includes a checking account, savings account, certificate of deposit, share account, mutual capital certificate, and other like arrangements. See California Government Code 21254
  • Acquire: includes purchase, condemnation, lease, and gift. See California Government Code 19243.2
  • Act: means the California Consumer Power and Conservation Financing Authority Act. See California Government Code 20097
  • Action: includes a civil action and a criminal action. See California Education Code 17524
  • Action: includes a civil action and a special proceeding of a civil nature. See California Government Code 14172
  • action taken: means a collective decision made by the members of a state body, a collective commitment or promise by the members of the state body to make a positive or negative decision or an actual vote by the members of a state body when sitting as a body or entity upon a motion, proposal, resolution, order or similar action. See California Government Code 11122
  • Adjourn: A motion to adjourn a legislative chamber or a committee, if passed, ends that day's session.
  • Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
  • Age: refers to the chronological age of any individual who has reached a 40th birthday. See California Government Code 19878.5
  • Agency: means the Resources Agency. See California Government Code 20060
  • Agency head: means the individual responsible for the overall operations of a state agency. See California Government Code 19889.3
  • Allegation: something that someone says happened.
  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Amortization: Paying off a loan by regular installments.
  • animal: includes :

    California Government Code 20350

  • Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • 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.
  • 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
  • Area: means the Mendocino Woodlands Special Treatment Area within the Jackson State Forest, consisting of 2,550 acres, more or less, of state-owned lands lying within the south half of Section 12 of. See California Government Code 20894
  • 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 Education Code 19460.5
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Assisted reproduction: means conception by any means other than sexual intercourse. See California Harbors and Navigation Code 6944
  • Assisted reproduction agreement: means a written contract that includes a person who intends to be the legal parent of a child or children born through assisted reproduction and that defines the terms of the relationship between the parties to the contract. See California Harbors and Navigation Code 6944
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • 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.
  • Authority: means the California Consumer Power and Conservation Financing Authority established pursuant to Section 3320 and any board, commission, department, or officer succeeding to the functions thereof, or to whom the powers conferred upon the authority by this division shall be given by law. See California Government Code 20097
  • Authority: means the Tri-Valley-San Joaquin Valley Regional Rail Authority created under this chapter. See California Government Code 20503
  • 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.
  • Bailiff: a court officer who enforces the rules of behavior in courtrooms.
  • ballot: means any of the following:

    California Education Code 88078

  • Ballot label: means that portion of the ballot containing the names of the candidates or a statement of a measure. See California Education Code 88080
  • 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 Education Code 88083
  • 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.
  • Beneficiary: means a person to whom a donative transfer of property is made or that person's successor in interest, and:

    California Government Code 21257

  • Bequeath: To gift property by will.
  • Bequest: Property gifted by will.
  • block: as used in this chapter , if so designated by the superintendent of streets. See California Streets and Highways Code 5870
  • Board: means the Board of Directors of the California Consumer Power and Conservation Financing Authority. See California Government Code 20097
  • board: means a county transit development board created pursuant to Chapter 2 (commencing with Section 120050). See California Government Code 20127
  • board: means the board of directors of the district. See California Government Code 20170
  • Board: means the State Board of Forestry and Fire Protection. See California Government Code 19991.14
  • board: means the California Victim Compensation Board. See California Government Code 19996
  • Board: means the State Public Works Board. See California Government Code 19243.2
  • Board: means the governing board of the authority. See California Government Code 20503
  • board of supervisors: means the board of supervisors of the county within which the city or territory is situated. See California Government Code 16367.8
  • Bonds: means bonds, including structured, senior, and subordinated bonds or other securities. See California Government Code 20097
  • Budget authority: Authority provided by law to enter into obligations that will result in outlays of Federal funds. Budget authority may be classified by the period of availability (one-year, multiyear, no-year), by the timing of congressional action (current or permanent), or by the manner of determining the amount available (definite or indefinite).
  • building: includes onsite and offsite facilities, utilities and improvements that, as agreed upon by the parties, are appropriate for the proper operation or function of the building to be occupied jointly by the district and the private person, firm, or corporation. See California Education Code 17515
  • building: includes onsite and offsite facilities, utilities, and improvements which, as agreed upon by the parties, are appropriate for the proper operation or function of the building to be jointly occupied and used. See California Education Code 17528
  • Burden of producing evidence: means the obligation of a party to introduce evidence sufficient to avoid a ruling against him on the issue. See California Education Code 17525
  • Burden of proof: means the obligation of a party to establish by evidence a requisite degree of belief concerning a fact in the mind of the trier of fact or the court. See California Education Code 17526
  • Bushy Lake: means a body of water in the Bushy Lake area with approximately 11 acres of water surface in the summer and approximately 80 acres in the winter. See California Government Code 20900
  • Bushy Lake area: means that portion of the California Exposition flood plain bounded by the continuous line enclosing Bushy Lake, which line is 100 feet outside the 25-foot elevation contour line as limited on the north side by the waterside toe of the levee and as limited on the west side by a line 100 feet east of State Highway Route 80 as it exists on January 1, 1977. See California Government Code 20900
  • business: includes every kind of business, governmental activity, profession, occupation, calling, or operation of institutions, whether carried on for profit or not. See California Government Code 20969.3
  • Business: includes every kind of business described in Section 1270. See California Government Code 21039
  • 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
  • California Exposition flood plain: means that portion of state-owned California Exposition land in the American River flood plain as it exists on January 1, 1977. See California Government Code 20900
  • California natural landmark: means property designated by the director as being of state significance to California because it is an outstanding example of major biological and geological features found within the boundaries of the state. See California Government Code 20019
  • California Registry of Natural Landmarks: means the official listing of all designated California natural landmarks. See California Government Code 20019
  • camps: means any camps now or hereafter established, as provided by law, for the purpose of receiving prisoners committed to the custody of the Director of Corrections and wards committed to the Director of the Youth Authority, and in which the work projects performed by the inmates or wards are supervised by employees of the department. See California Streets and Highways Code 8353
  • candidate: includes any officeholder who is subject to a recall election. See California Education Code 88085
  • Case law: The law as laid down in cases that have been decided in the decisions of the courts.
  • Caucus: From the Algonquian Indian language, a caucus meant "to meet together." An informal organization of members of the legislature that exists to discuss issues of mutual concern and possibly to perform legislative research and policy planning for its members. There are regional, political or ideological, ethnic, and economic-based caucuses.
  • Center: means the Mendocino Woodlands Outdoor Center, consisting of 720 acres, more or less, of state-owned land and improvements located within the east half of the Northeast Quarter and the east half of the Southeast Quarter of Section 13 of the east half and southwest quarter of the Northeast Quarter and the east half and southwest quarter of the Southeast Quarter of Section 24 of T. See California Government Code 20894
  • certificate: means the certification by a commissioner, or an inspector of the condition of any apiary which is to be transported to another state or country. See California Government Code 20512
  • certificated members: shall mean members who retain membership under this system while employed in positions subject to coverage under the Defined Benefit Program under the State Teachers' Retirement System. See California Government Code 20636.1
  • 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.
  • Child: means any individual entitled to take as a child under this code by intestate succession from the parent whose relationship is involved. See California Government Code 21258
  • 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 Education Code 88083

  • City: includes city and county and "incorporated town" but does not include "unincorporated town" or "village. See California Education Code 5092
  • City: includes "city and county" and "incorporated town. See California Education Code 7007
  • City: means a city or the City and County of San Francisco. See California Government Code 20037.8
  • City: includes "city and county" and "incorporated town" but does not include "unincorporated town" or "village. See California Education Code 19429
  • City measure: includes any proposed city charter, any proposed amendment to a city charter, any proposition for the issuance of bonds by the city, any advisory question, or any other question or proposition submitted to the voters of a city. See California Education Code 88086.5
  • Civil action: includes civil proceedings. See California Education Code 17527
  • 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 Education Code 88087
  • Coastal recreational resources: means those land and water areas adjacent to or in close proximity to the Pacific Ocean which are suitable for public park, beach, or recreational purposes, including, but not limited to, areas of historical significance and areas of open space that complement park, beach, or recreational areas. See California Government Code 19886.2
  • commission: means a county transportation commission created pursuant to Chapter 2 (commencing with Section 130050). See California Government Code 20221
  • commission: means the California Transportation Commission. See California Government Code 20772.6
  • commission: means the California Transportation Commission. See California Government Code 14002.5
  • Commission: means the Public Utilities Commission created by Section 1 of Article XII of the California Constitution, and "commissioner" means a member of the commission. See California Education Code 5093
  • commission: means the California Transportation Commission. See California Education Code 7054.1
  • Commission: means the California Transportation Commission. See California Government Code 20037.9
  • Commissioner: means any county agricultural commissioner. See California Education Code 19957.5
  • committee: means the chief administrative officer, auditor, and treasurer, or any other county employee appointed by the board of supervisors. See California Government Code 20222.5
  • 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 the remuneration paid out of funds controlled by the employer in payment for the member's services performed during normal working hours or for time during which the member is excused from work because of any of the following:

    California Government Code 20630

  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Concurrent resolution: A legislative measure, designated "S. Con. Res." and numbered consecutively upon introduction, generally employed to address the sentiments of both chambers, to deal with issues or matters affecting both houses, such as a concurrent budget resolution, or to create a temporary joint committee. Concurrent resolutions are not submitted to the President/Governor and thus do not have the force of law.
  • Conduct: includes all active and passive behavior, both verbal and nonverbal. See California Education Code 17528
  • Connectivity: means one or more projects necessary to achieve transit connectivity between BART's rapid transit system and the San Joaquin Regional Rail Commission's Altamont Corridor Express commuter rail service, and to provide quality, seamless service to riders using the services operating between the Tri-Valley and the San Joaquin Valley. See California Government Code 20503
  • Conservator: includes a limited conservator. See California Government Code 21261
  • Construction: includes the extension, enlargement, repair, renovation, restoration, improvement, furnishing, and equipping of any public building. See California Government Code 19243.2
  • Construction: includes :

    California Education Code 8091

  • Continuance: Putting off of a hearing ot trial until a later time.
  • Contract: A legal written agreement that becomes binding when signed.
  • Conviction: A judgement of guilt against a criminal defendant.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • costs incurred by the county: means all costs, except normal salaries and expenses, incurred by the county in bringing to trial or trials, including the trial or trials of, a person or persons for the offense of homicide, including costs, except normal salaries and expenses, incurred by the district attorney in investigation and prosecution, by the sheriff in investigation, by the public defender or court-appointed attorney or attorneys in investigation and defense, and all other costs, except normal salaries and expenses, incurred by the county in connection with bringing the person or persons to trial including the trial itself, which include extraordinary expenses for such services as witness fees and expenses, court-appointed expert witness fees and expenses, reporter fees, and costs in preparing transcripts. See California Government Code 21224
  • Council: means the Fair Employment and Housing Council and "council member" means a member of the council. See California Government Code 19878
  • County: includes "city and county. See California Education Code 17389
  • County: includes "city and county. See California Education Code 17491
  • County: includes "city and county. See California Education Code 1915
  • County: includes city and county. See California Education Code 5091
  • County: includes "city and county. See California Education Code 7005
  • County: includes city and county. See California Education Code 19958
  • County: includes city and county. See California Education Code 19428
  • County: includes city and county. See California Education Code 24937
  • County measure: includes any proposed county charter, any proposed amendment to a county charter, any proposition for the issuance of funding or refunding bonds of the county, any other question or proposition submitted to the voters of a county at any election held throughout an entire single county, any advisory question, or any bond proposal or any advisory question submitted to the voters of any public district although the boundaries of the district may be coterminous with those of the county. See California Education Code 88091
  • County Tribal Casino Account: means an account consisting of all moneys paid by tribes of that county into the Indian Gaming Special Distribution Fund after deduction of the amounts appropriated pursuant to the priorities specified in Section 12012. See California Government Code 19856
  • county with high unemployment: means a county with an annual unemployment rate, as reported by the Employment Development Department, higher than the mean annual unemployment rate of "rate adjustment counties" as defined pursuant to the Timber Yield Tax Law (Part 18. See California Streets and Highways Code 5898.17
  • Court: means the trial court in which the action is pending, unless otherwise specified. See California Government Code 14172
  • creditor: means the state or the department or agency of the state seeking to collect the liability. See California Code of Civil Procedure 688.040
  • creed: include all aspects of religious belief, observance, and practice, including religious dress and grooming practices. See California Government Code 19878.5
  • Criminal action: includes criminal proceedings. See California Education Code 17529
  • Critically underserved community: means a community that meets either of the following:

    California Government Code 20037.8

  • CSRC: means the California Spatial Reference Center or its successor. See California Government Code 21073
  • CSRC: means California Spatial Reference Center or its successor. See California Government Code 21117
  • CSRC: means California Spatial Reference Center or its successor. See California Government Code 21154
  • CSRC: means California Spatial Reference Center or its successor. See California Government Code 21165
  • CSRN: means the California Spatial Reference Network, as defined by Chapter 3 (commencing with Section 8850), "Geodetic Datums and the California Spatial Reference Network. See California Government Code 21073
  • CSRN: means California Spatial Reference Network. See California Government Code 21117
  • CSRN: means California Spatial Reference Network as defined by Chapter 3 (commencing with Section 8850), "Geodetic Datums and the California Spatial Reference Network. See California Government Code 21154
  • CSRN: means California Spatial Reference Network as defined by Chapter 3 (commencing with Section 8850), "Geodetic Datums and the California Spatial Reference Network. See California Government Code 21165
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • debtor: means the debtor from whom the liability is sought to be collected. See California Code of Civil Procedure 688.040
  • Decedent: A deceased person.
  • Declarant: is a person who makes a statement. See California Education Code 17530
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • department: whenever used in this code , unless the context otherwise requires, means the State Department of Education. See California Education Code 89
  • department: means the Department of Transportation. See California Government Code 20773
  • department: refer to the Director and Department of Finance, respectively, unless the context otherwise requires. See California Government Code 13001
  • Department: means the Department of Transportation. See California Government Code 14002.5
  • Department: means the Department of Human Resources. See California Government Code 19815
  • Department: means the Department of Parks and Recreation. See California Government Code 19851.1
  • department: means the Department of Parks and Recreation and "director" means the Director of Parks and Recreation. See California Unemployment Insurance Code 134
  • department: means the Department of General Services. See California Government Code 21033
  • Department: means the Department of Parks and Recreation. See California Government Code 19871.2
  • Department: means the Department of Transportation of this state. See California Education Code 7053
  • Department: means the Department of Parks and Recreation. See California Government Code 20019
  • Department: means the Department of Food and Agriculture. See California Education Code 19959
  • Department: means the Department of Fair Employment and Housing. See California Government Code 19878
  • Department: means the Department of Parks and Recreation. See California Government Code 20894
  • department: means the Department of Water Resources. See California Government Code 21113
  • Department: means the Department of Parks and Recreation. See California Government Code 18903
  • Department: means the Department of Transportation. See California Government Code 20037.9
  • Department: means the State Department of Health Services. See California Education Code 21111
  • department: means State Department of Health Services. See California Education Code 24943
  • Departments: means the Department of Parks and Recreation, the Department of Fish and Game, and the California Coastal Conservancy. See California Government Code 20060
  • 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.
  • Descendent: One who is directly descended from another such as a child, grandchild, or great grandchild.
  • Development: includes , but is not limited to, improvement, rehabilitation, restoration, enhancement, preservation, protection, and interpretation. See California Education Code 20052
  • Devise: To gift property by will.
  • Devise: when used as a noun, means a disposition of real or personal property by will, and, when used as a verb, means to dispose of real or personal property by will. See California Government Code 21263
  • Devisee: means any person designated in a will to receive a devise. See California Government Code 21264
  • director: means the Director of Pesticide Regulation. See California Government Code 20712
  • Director: means the Director of Transportation. See California Government Code 14002.5
  • Director: means the Director of the Department of Human Resources. See California Government Code 19815
  • Director: means the Director of Fish and Game. See California Government Code 19991.14
  • Director: means the Director of Parks and Recreation. See California Government Code 19871.2
  • Director: means the Director of Parks and Recreation. See California Government Code 20019
  • Director: means the Director of Fair Employment and Housing. See California Government Code 19878
  • director: refer to the Department of General Services and the Director of General Services, respectively, unless the context otherwise requires. See California Government Code 20963
  • Director: means "State Director of Health Services. See California Education Code 24944
  • 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 Government Code 31831.2
  • disabled: includes mental or physical illness and mental or physical injury, including any illness or injury resulting from pregnancy, childbirth, or related medical condition. See California Government Code 19878
  • Disadvantaged community: means a community with a median household income less than 80 percent of the statewide average. See California Government Code 18903
  • disaster: means a war or enemy-caused calamity, such as an attack by nuclear weapons, which renders unavailable the Lieutenant Governor, or the Attorney General, or the Secretary of State, or the Treasurer, or the Controller. See California Government Code 19991.7
  • Discrimination: includes refusal to sell, rent, or lease housing accommodations. See California Government Code 19880.1
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • District: means any regional park or open-space district formed pursuant to Article 3 (commencing with Section 5500) of Chapter 3 of Division 5 and any recreation and park district formed pursuant to Chapter 4 (commencing with Section 5780) of Division 5. See California Government Code 20905
  • district: means the North County Transit District. See California Government Code 20163
  • district: means the Peninsula Rail Transit District. See California Government Code 20756
  • District: means any district authorized to provide park and recreation services, except a school district. See California Government Code 19886.2
  • District: means one of the following:

    California Government Code 20037.8

  • Division: means the Division of Labor Relations. See California Government Code 19815
  • Division: means the Public Safety Communications Division established by this part. See California Government Code 21231
  • Donee: The recipient of a gift.
  • Donor: The person who makes a gift.
  • Driveway: means a paved portion of a public street providing an unobstructed passage from the roadway to an offstreet area used for driving, servicing, parking, or otherwise accommodating motor vehicles. See California Streets and Highways Code 5870
  • duplicate: is a counterpart produced by the same impression as the original, or from the same matrix, or by means of photography, including enlargements and miniatures, or by mechanical or electronic rerecording, or by chemical reproduction, or by other equivalent technique which accurately reproduces the original. See California Education Code 17583
  • Efficiency improvements: means permanent improvements fixed to residential, commercial, industrial, agricultural, or other real property. See California Streets and Highways Code 5898.20
  • Election: means any election including a primary that is provided for under this code. See California Education Code 88097
  • Elections official: means any of the following:

    California Education Code 88100

  • elective officer: includes any officer of the Senate or Assembly who is elected by vote of the members of either or both of the houses of the Legislature, and any appointive officer of a city or county occupying a fixed term of office, as well as officers of the state or contracting agencies elected by the people, and persons elected to a city council or a county board of supervisors. See California Government Code 20322
  • 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 Education Code 88101
  • Electronic funds transfer: The transfer of money between accounts by consumer electronic systems-such as automated teller machines (ATMs) and electronic payment of bills-rather than by check or cash. (Wire transfers, checks, drafts, and paper instruments do not fall into this category.) Source: OCC
  • Electronic transmission 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 Education Code 17499
  • Electronically stored information: means information that is stored in an electronic medium. See California Government Code 14172
  • Eligible landowner: means any person who meets the conditions set forth in Sections 4797 and 4799. See California Streets and Highways Code 5898.17
  • Embezzlement: In most states, embezzlement is defined as theft/larceny of assets (money or property) by a person in a position of trust or responsibility over those assets. Embezzlement typically occurs in the employment and corporate settings. Source: OCC
  • Employee: means any of the following:

    California Government Code 19878

  • Employer: includes any person regularly employing five or more persons, or any person acting as an agent of an employer, directly or indirectly, the state or any political or civil subdivision of the state, and cities, except as follows:

    California Government Code 19878.5

  • 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
  • Enterprise: means a revenue-producing improvement, building, system, plant, works, facilities, or undertaking used for or useful for the generation or production of electric energy for lighting, heating, and power for public or private uses. See California Government Code 20097
  • 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.
  • Evidence: means testimony, writings, material objects, or other things presented to the senses that are offered to prove the existence or nonexistence of a fact. See California Education Code 17531
  • Ex officio: Literally, by virtue of one's office.
  • 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 Education Code 17495
  • Executor: A male person named in a will to carry out the decedent
  • expert: means a physician and surgeon, including a psychiatrist, or any person described by subdivision (b), (c), or (e) of Section 1010. See California Education Code 17580
  • Facilities: includes , but is not limited to, places for organized team sports, outdoor recreation, and informal turf play. See California Government Code 20037.8
  • Facility: includes a place for organized team sports, outdoor recreation, permanent play structures, and multipurpose structures designed to meet the special recreational, educational, vocational, and social needs of youth. See California Government Code 19871.2
  • facing: as used in this chapter , means "abutting" in the case of property adjoining an alley improvement. See California Streets and Highways Code 5871
  • Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
  • Family Care Leave benefits: means benefits authorized by Section 19878. See California Government Code 19878
  • 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 Education Code 88103
  • Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
  • FGCS: means the Federal Geodetic Control Subcommittee or its successor. See California Government Code 21073
  • FGCS: means the Federal Geodetic Control Subcommittee or its successor. See California Government Code 21117
  • FGCS: means the Federal Geodetic Control Subcommittee or its successor. See California Government Code 21154
  • FGCS: means the Federal Geodetic Control Subcommittee or its successor. See California Government Code 21165
  • FGDC: means the Federal Geographic Data Committee or its successor. See California Government Code 21073
  • FGDC: means Federal Geographic Data Committee or it successor. See California Government Code 21117
  • FGDC: means the Federal Geographic Data Committee or its successor. See California Government Code 21154
  • FGDC: means the Federal Geographic Data Committee or its successor. See California Government Code 21165
  • Fiduciary: A trustee, executor, or administrator.
  • Fiduciary: means personal representative, trustee, guardian, conservator, attorney-in-fact under a power of attorney, custodian under the California Uniform Transfer To Minors Act (Part 9 (commencing with Section 3900) of Division 4), or other legal representative subject to this code. See California Government Code 21268
  • Financial institution: means a state or national bank, state or federal savings and loan association or credit union, or like organization. See California Government Code 21269
  • firefighter: shall be deemed to include a member of a fire department or fire service of the state, including the University of California, whether these members are volunteer, partly paid, or fully paid, excepting those whose principal duties are clerical, such as stenographers, telephone operators and other workers not engaged in fire-suppression or rescue operations or the protection or preservation of life or property. See California Government Code 19886
  • Fiscal officer: means , for a municipal library, the chief fiscal officer of the municipality. See California Education Code 18015
  • Fish and wildlife habitat improvements: means measures designed to protect, maintain, or enhance fish and wildlife habitat including, but not limited to, stream clearance, reestablishment of desirable vegetation along stream channels and elsewhere, measures to encourage habitat diversity, restoration of anadromous fisheries, and forest road repair and upgrading that protect, maintain, or enhance fish and wildlife habitat. See California Streets and Highways Code 5898.17
  • Fixed Rate: Having a "fixed" rate means that the APR doesn't change based on fluctuations of some external rate (such as the "Prime Rate"). In other words, a fixed rate is a rate that is not a variable rate. A fixed APR can change over time, in several circumstances:
    • You are late making a payment or commit some other default, triggering an increase to a penalty rate
    • The bank changes the terms of your account and you do not reject the change.
    • The rate expires (if the rate was fixed for only a certain period of time).
  • Followup work: means forest resource improvement work necessary to promote the survival of seed or seedlings planted, or protection or enhancement of other work undertaken, as part of a prior forest resource improvement project pursuant to this chapter. See California Streets and Highways Code 5898.17
  • Forbearance: A means of handling a delinquent loan. A
  • Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
  • Forest land: means land at least 10 percent occupied by trees of any size that are native to California, including native oaks, or formerly having had that tree cover and not currently zoned for uses incompatible with forest resource management. See California Streets and Highways Code 5898.17
  • Forest land conservation measures: means measures designed to protect, maintain, or enhance the forest resource system, including soil and watershed values, diversity of forest species, and protection of a forest stand from fire. See California Streets and Highways Code 5898.17
  • Forest resource improvement project: means a project undertaken pursuant to Section 4795 or a loan made pursuant to Section 4796. See California Streets and Highways Code 5898.17
  • Forest resource improvement work: means the forest resource improvement measures enumerated in Section 4794 for which assistance is authorized pursuant to this chapter. See California Streets and Highways Code 5898.17
  • Forest resource system: means the interdependent system of air, water, solar energy, and forest resources, as defined by subdivision (h). See California Streets and Highways Code 5898.17
  • Forest resources: means those uses and values associated with forest land, including fish, forage, recreation and aesthetics, soils, timber, watershed, wilderness, and wildlife. See California Streets and Highways Code 5898.17
  • former testimony: means testimony given under oath in:

    California Government Code 20995

  • Foundation program: means those elements of library service which are basic to its function as a provider of information, education, and cultural enrichment to all segments of the community, including, but not limited to, collection development and maintenance, lending services, information services, facility maintenance, and administration. See California Education Code 18015
  • franchise: means a contract or agreement, either expressed or implied, whether oral or written, between two or more persons by which:

    California Government Code 11123.5

  • Fraud: Intentional deception resulting in injury to another.
  • Free-flowing: means existing or flowing without artificial impoundment, diversion, or other modification of the river. See California Government Code 19991.14
  • Freeway: means a highway in respect to which the owners of abutting lands have no right or easement of access to or from their abutting lands or in respect to which such owners have only limited or restricted right or easement of access. See California Education Code 7057
  • Full pay: means the gross base salary earnable by the employee and subject to retirement contribution if he had not vacated his position. See California Government Code 19870
  • Full pay: means the gross base salary earnable by the employee, and subject to retirement contribution on the date of the commencement of the employee's disability. See California Government Code 19878
  • Fund: means the California Wildlife, Coastal, and Park Land Conservation Fund of 1988 created pursuant to Section 5906. See California Government Code 20905
  • Fund: means the California Consumer Power and Conservation Financing Authority Fund. See California Government Code 20097
  • Fund: means the Heritage Network Decal Fund created pursuant to Section 5066 of the Vehicle Code. See California Government Code 19851.1
  • Fund: means the State Urban Parks and Healthy Communities Fund. See California Government Code 19871.2
  • fund: means the State Parks and Recreation Fund. See California Government Code 19997.8
  • Fund: means the California Drought, Water, Parks, Climate, Coastal Protection, and Outdoor Access For All Fund, created by Section 80032. See California Government Code 18903
  • Fund: means the Golden Bear State Pharmacy Assistance Program Rebate Fund. See California Education Code 21111
  • Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
  • Gender: means sex, and includes a person's gender identity and gender expression. See California Government Code 19878.5
  • Gender expression: means a person's gender-related appearance and behavior whether or not stereotypically associated with the person's assigned sex at birth. See California Government Code 19878.5
  • General election: means either of the following:

    California Education Code 88104

  • Genetic information: includes any request for, or receipt of, genetic services, or participation in clinical research that includes genetic services, by an individual or any family member of the individual. See California Government Code 19878.5
  • Germane: On the subject of the pending bill or other business; a strict standard of relevance.
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • 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
  • GPS: means Global Positioning System and includes other, similar space-based systems. See California Government Code 21117
  • GPS: means Global Positioning System and includes other, similar space-based systems. See California Government Code 21165
  • Grace period: The number of days you'll have to pay your bill for purchases in full without triggering a finance charge. Source: Federal Reserve
  • Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
  • Grantor: The person who establishes a trust and places property into it.
  • Green Party: means the Green Party of California. See California Government Code 19833
  • group or class of employment: means a number of employees considered together because they share similarities in job duties, work location, collective bargaining unit, or other logical work-related grouping. See California Government Code 20636
  • Guarantor: A party who agrees to be responsible for the payment of another party's debts should that party default. Source: OCC
  • Habeas corpus: A writ that is usually used to bring a prisoner before the court to determine the legality of his imprisonment. It may also be used to bring a person in custody before the court to give testimony, or to be prosecuted.
  • Hazardous fire area: means any area which is designated as a hazardous fire area by the board or the director pursuant to Section 4252 or 4253. See California Streets and Highways Code 5703
  • hearing: means the hearing at which a question under this code arises, and not some earlier or later hearing. See California Education Code 17532
  • Hearsay: Statements by a witness who did not see or hear the incident in question but heard about it from someone else. Hearsay is usually not admissible as evidence in court.
  • Heir: means any person, including the surviving spouse, who is entitled to take property of the decedent by intestate succession under this code. See California Government Code 21291
  • highway: includes bridges, culverts, curbs, drains, and all works incidental to highway construction, improvement, and maintenance. See California Education Code 7056
  • Housing accommodation: means any building, structure, or portion thereof that is occupied as, or intended for occupancy as, a residence by one or more families and any vacant land that is offered for sale or lease for the construction thereon of any building, structure, or portion thereof intended to be so occupied. See California Government Code 19880.1
  • Immediate environments: means the land immediately adjacent to the segments of the rivers designated in Section 5093. See California Government Code 19991.14
  • 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.
  • improvement: includes a public park, urban open-space lands, playground, or library. See California Government Code 20500
  • 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.
  • Individual Tribal Casino Accounts: means an account for each individual tribe that has paid money into the Indian Gaming Special Distribution Fund. See California Government Code 19856
  • Industrial disability leave: means temporary disability as defined in Divisions 4 (commencing with Section 3201) and 4. See California Government Code 19870
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Instrument: means a will, trust, deed, or other writing that designates a beneficiary or makes a donative transfer of property. See California Government Code 21291.5
  • Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. Source: OCC
  • internal control: means a process, including a continuous built-in component of operations, effected by a state agency's oversight body, management, and other personnel that provide reasonable assurance that the state agency's objectives will be achieved. See California Government Code 19889.2
  • Interrogatories: Written questions asked by one party of an opposing party, who must answer them in writing under oath; a discovery device in a lawsuit.
  • Intestate: Dying without leaving a will.
  • ITRF: means International Terrestrial Reference Frame as defined by the International Earth Rotation Service. See California Government Code 21117
  • 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 contract: means a contract with the board as set forth in subdivision (a). See California Government Code 20460.1
  • Joint tenancy: A form of property ownership in which two or more parties hold an undivided interest in the same property that was conveyed under the same instrument at the same time. A joint tenant can sell his (her) interest but not dispose of it by will. Upon the death of a joint tenant, his (her) undivided interest is distributed among the surviving joint tenants.
  • Judicial office: means the office filled by any judicial officer. See California Education Code 88105
  • Juror: A person who is on the jury.
  • Land use regulation: means the regulation by any state or local governmental entity, agency, or official of any activities that take place other than directly on the waters of the segments of the rivers designated in Section 5093. See California Government Code 19991.14
  • landowner: means either the person or persons owning the land or the person or persons owning the timber. See California Streets and Highways Code 5898.17
  • Law: includes constitutional, statutory, and decisional law. See California Education Code 17534
  • Lawsuit: A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty, resulting in harm to the plaintiff.
  • Lease: 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.
  • Legislative body: means the governing body of a public agency. See California Streets and Highways Code 5898.20
  • legislative body: means board of trustees, city council, or other governing body of a city. See California Government Code 16367.71
  • 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.
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Local coastal program: means any program created under Section 30108. See California Government Code 20905
  • local jurisdiction: means any city, county, or special district. See California Government Code 19856
  • Local water: means rainwater, stormwater, recycled water, and urban runoff captured by urban forest sites through curb cuts, cisterns, tree wells, and other best management practices that offset reliance on potable water use. See California Streets and Highways Code 5899.4
  • maintenance: includes any of the following:

    California Education Code 8070

  • Management plan: means a long-term forest and land management plan submitted to the director pursuant to Section 4799. See California Streets and Highways Code 5898.17
  • mayor: includes president of the legislative body. See California Government Code 16368
  • Measure: means any constitutional amendment or other proposition submitted to a popular vote at any election. See California Education Code 88108
  • Medical condition: means either of the following:

    California Government Code 19878.5

  • Medicare beneficiary: means a Medicare beneficiary who is a California resident. See California Education Code 21111
  • meeting: includes any congregation of a majority of the members of a state body at the same time and place to hear, discuss, or deliberate upon any item that is within the subject matter jurisdiction of the state body to which it pertains. See California Government Code 11122.5
  • Mental disability: includes , but is not limited to, all of the following:

    California Government Code 19878.5

  • Military and veteran status: means a member or veteran of the United States Armed Forces, United States Armed Forces Reserve, the United States National Guard, and the California National Guard. See California Government Code 19878.5
  • Minimum management requirements: means the minimum wilderness management actions that are necessary to administer a wilderness area for the purpose of this chapter. See California Government Code 19991.1
  • Minimum tool: means the least intrusive tool, equipment, device, regulation, action, or practice that will achieve the minimum management requirements. See California Government Code 19991.1
  • Monitoring: means the activities management establishes and operates to assess the quality of performance over time and promptly resolve the findings of audits and other reviews. See California Government Code 19889.2
  • Month: means a calendar month, unless otherwise expressed. See California Education Code 17389
  • 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.
  • Mortgagor: The person who pledges property to a creditor as collateral for a loan and who receives the money.
  • multicounty designated transportation planning agency: means the Southern California Association of Governments. See California Government Code 20222
  • Municipal election: means elections in general law cities and where applicable in chartered cities. See California Education Code 88109
  • 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
  • Mutual capital certificate: has the meaning given that term in Section 5111 of the Financial Code. See California Government Code 21256
  • National Bank: A bank that is subject to the supervision of the Comptroller of the Currency. The Office of the Comptroller of the Currency is a bureau of the U.S. Treasury Department. A national bank can be recognized because it must have "national" or "national association" in its name. Source: OCC
  • Natural lands: means an area of relatively undeveloped land which (1) has substantially retained its characteristics as provided by nature or has been substantially restored, or which can be feasibly restored, to a near-natural condition, and which has outstanding wildlife, scenic, open-space, or park resources, or a combination thereof, or (2) meets the definition of open-space land in Section 65560 of the Government Code. See California Government Code 20905
  • Natural region: means a distinct physiographic province having similar geologic history, structures, and land forms. See California Government Code 20019
  • NGS: means the National Geodetic Survey or its successor. See California Government Code 21073
  • NGS: means National Geodetic Survey or its successor. See California Government Code 21117
  • NGS: means National Geodetic Survey or its successor. See California Government Code 21154
  • NGS: means National Geodetic Survey or its successor. See California Government Code 21165
  • 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 Education Code 88112
  • Nomination documents: means declaration of candidacy and nomination papers. See California Education Code 88113
  • Nonpartisan office: means an office, except for a voter-nominated office, for which no party may nominate a candidate. See California Education Code 88114
  • Nonprofit organization: means any charitable organization described in Section 501(c)(3) of the federal Internal Revenue Code, which has among its primary purposes the conservation and preservation of wetlands or of lands predominantly in their natural, scenic, historical, agricultural, forested, or open-space condition. See California Government Code 20905
  • nonprofit organization: means any nonprofit entity qualified to do business in California, qualified under Section 501(c)(3) of Title 26 of the United States Code, and that has among its primary purposes the preservation, protection, or enhancement of land or water resources in their natural, scenic, historical, agricultural, forested, or open-space condition or use, or the provision of conservation and environmental education and other recreational, vocational, and educational services to youth. See California Government Code 20037.8
  • 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
  • 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 an affirmation or declaration. See California Education Code 17389
  • Oath: includes affirmation or declaration under penalty of perjury. See California Education Code 17535
  • Oath: includes affirmation. See California Education Code 19423
  • Oath: A promise to tell the truth.
  • Office: means the Office of Emergency Services. See California Government Code 21231
  • On the bases enumerated in this part: means or refers to discrimination on the basis of one or more of the following: race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, age, sexual orientation, or military and veteran status. See California Government Code 19878.5
  • operating entity: means the entity owning the park land and the facilities thereon. See California Government Code 20032
  • Oral argument: An opportunity for lawyers to summarize their position before the court and also to answer the judges' questions.
  • Original: means the writing itself or any counterpart intended to have the same effect by a person executing or issuing it. See California Education Code 17582
  • Original bill: A bill which is drafted by a committee. It is introduced by the committee or subcommittee chairman after the committee votes to report it.
  • Oversight: Committee review of the activities of a Federal agency or program.
  • Owner: means the person, corporation, or partnership that holds fee simple title to real property, or its agent, or the head of the public agency or subordinate employee of the public agency to whom that authority is delegated, who is responsible for administering publicly owned land and who has presented satisfactory evidence of his or her legal right to represent the interests of the subject land. See California Government Code 20019
  • Parent: means any individual entitled to take as a parent under this code by intestate succession from the child whose relationship is involved. See California Government Code 21296
  • Parent and child relationship: as used in this part means the legal relationship existing between a child and the child's natural or adoptive parents incident to which the law confers or imposes rights, privileges, duties, and obligations. See California Harbors and Navigation Code 6939.16
  • Park: means a tract of land with outstanding scenic, natural, open-space, or recreational values, set apart to conserve natural, scenic, cultural, or ecological resources for present and future generations, and to be used by the public as a place for rest, recreation, education, exercise, inspiration, or enjoyment. See California Government Code 20905
  • Participating party: means either of the following:

    California Government Code 20097

  • 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 Education Code 88122
  • Payrate: means the normal monthly rate of pay or base pay of the member paid in cash to similarly situated members of the same group or class of employment for services rendered on a full-time basis during normal working hours, pursuant to publicly available pay schedules. See California Government Code 20636
  • Perceive: means to acquire knowledge through one's senses. See California Education Code 17565
  • Person: includes a corporation as well as a natural person. See California Education Code 17389
  • Person: includes a corporation as well as a natural person. See California Education Code 17496
  • Person: includes a natural person, firm, association, organization, partnership, business trust, corporation, limited liability company, or public entity. See California Government Code 50973
  • Person: includes a natural person, firm, association, organization, partnership, business trust, corporation, limited liability company, or public entity. See California Education Code 17566
  • Person: means any person, firm, partnership, association, corporation, organization, limited liability company, or business trust. See California Education Code 7052
  • Person: includes :

    California Streets and Highways Code 5898.17

  • Person: includes any person, firm, partnership, association, corporation, company, limited liability company, syndicate, estate, trust, business trust, or organization of any kind. See California Education Code 18561
  • Person: includes one or more individuals, partnerships, associations, corporations, limited liability companies, legal representatives, trustees, trustees in bankruptcy, and receivers or other fiduciaries. See California Government Code 19878
  • Person: means any individual, partnership, association, corporation, limited liability company, or any organized group of persons whether incorporated or not. See California Education Code 19963
  • Person: means an individual, corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership, limited liability company, association, or other entity. See California Government Code 21298
  • Personal property: includes money, goods, chattels, things in action, and evidences of debt. See California Education Code 17389
  • Personal property: All property that is not real property.
  • Personal property: includes money, goods, chattels, things in action, and evidences of debt. See California Education Code 17568
  • Personal representative: means executor, administrator, administrator with the will annexed, special administrator, successor personal representative, public administrator acting pursuant to Section 7660, or a person who performs substantially the same function under the law of another jurisdiction governing the person's status. See California Government Code 21310
  • Petitioner: includes plaintiff, where appropriate. See California Government Code 50978
  • Physical disability: includes , but is not limited to, all of the following:

    California Government Code 19878.5

  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
  • Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
  • Police protective equipment: means equipment or attire worn by law enforcement personnel for the purpose of protecting themselves or the public from overt actions of others or to assist in the carrying out of related duties, for example, handgun, baton, billy, handcuffs, flashlight, whistle, leather belt, holster and cases or attachments. See California Government Code 19850
  • 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 Education Code 88123
  • 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 Education Code 88124
  • Prejudicial procedural error: means a procedural error that reasonably may be considered to have affected the outcome of the designation process. See California Government Code 20019
  • preliminary fact: means a fact upon the existence or nonexistence of which depends the admissibility or inadmissibility of evidence. See California Government Code 21073
  • Preliminary hearing: A hearing where the judge decides whether there is enough evidence to make the defendant have a trial.
  • Preservation: means rehabilitation, stabilization, restoration, conservation, development, and reconstruction, or any combination of those activities. See California Government Code 18903
  • 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
  • presidential elector: as used in this chapter means an elector of President and Vice President of the United States, and not an elector as defined in Section 321. See California Government Code 19828
  • Prevailing rate: means the average annual rate earned by the state on moneys deposited in the Pooled Money Investment Account in the General Fund. See California Streets and Highways Code 5898.17
  • Primary election: includes all primary nominating elections provided for by this code. See California Education Code 88127
  • Private admonition: as used in this article and in Article 3 (commencing with Section 44240) of Chapter 2, is a warning, in writing, to the applicant or credential holder that states in ordinary and concise language the act or omission of the applicant or credential holder and further states that repetition of such act or omission may result in denial, suspension, or revocation of the credential. See California Education Code 44438
  • Private treaty transaction: as used in this division , means the transfer of ownership of cattle or livestock by agreement or contract, at a point other than a destination point. See California Government Code 50070
  • 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.
  • Probation officers: Screen applicants for pretrial release and monitor convicted offenders released under court supervision.
  • Proceeding: includes an action. See California Government Code 50974
  • Process: signifies a writ or summons issued in the course of a judicial proceeding. See California Education Code 17389
  • Process: includes a writ or summons issued in the course of judicial proceedings of either a civil or criminal nature. See California Education Code 19431
  • proffered evidence: means evidence, the admissibility or inadmissibility of which is dependent upon the existence or nonexistence of a preliminary fact. See California Government Code 21073 v2
  • Program: means a program that provides financial assistance, as provided in Article 6 (commencing with Section 3365). See California Government Code 20097
  • Program: means the State Heritage Network Plan and Grants Program. See California Government Code 19851.1
  • Project: means plants, facilities, equipment, appliances, structures, expansions, and improvements within the state that serve the purposes of this division as approved by the authority, and all activities and expenses necessary to initiate and complete those projects described in Article 5 (commencing with Section 3350) and Article 7 (commencing with Section 3368), of Chapter 3. See California Government Code 20097
  • property: includes property real and personal. See California Education Code 17413
  • Property: includes both personal and real property. See California Education Code 17389
  • Property: includes real and personal property and any interest therein. See California Government Code 50975
  • Property: includes both real and personal property. See California Education Code 17569
  • Property: includes all property, real, personal or mixed, tangible or intangible, or any interest therein necessary or desirable for carrying out the purposes of this part. See California Government Code 19243.2
  • Property: means anything that may be the subject of ownership and includes both real and personal property and any interest therein. See California Government Code 21313
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Protection: means those actions necessary to prevent harm or damage to persons, property, or natural, cultural, and historic resources, actions to improve access to public open-space areas, or actions to allow the continued use and enjoyment of property or natural, cultural, and historic resources, and includes site monitoring, acquisition, development, restoration, preservation, and interpretation. See California Government Code 18903
  • public agency: means a city, county, city and county, municipal utility district, community services district, sanitary district, sanitation district, or water district, as defined in Section 20200 of the Water Code. See California Streets and Highways Code 5898.20
  • 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 body: means a city or special district as defined in Section 54775 of the Government Code. See California Streets and Highways Code 8345
  • Public building: includes any structure, building, facility, or work that a state agency has jurisdiction of, or is authorized to design or construct, including, but not limited to, infrastructure, parking lots, landscaping, and other ancillary facilities, including furnishings and equipment, incidental to the use of any building, and also includes the site thereof, and any easements or rights of way appurtenant thereto or necessary for its full use. See California Government Code 19243.2
  • Public defender: Represent defendants who can't afford an attorney in criminal matters.
  • Public employee: means an officer, agent, or employee of a public entity. See California Education Code 17571
  • Public entity: includes a nation, state, county, city and county, city, district, public authority, public agency, or any other political subdivision or public corporation, whether foreign or domestic. See California Education Code 17572
  • public entity: means any county, city, or public district. See California Government Code 20051
  • Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
  • Public library: means a library, or two or more libraries, operated as a single entity by one or more public jurisdictions and which serve the general public without distinction. See California Education Code 18015
  • public park: includes only a park operated by a public agency. See California Government Code 20031
  • Quorum: The number of legislators that must be present to do business.
  • range: means the enclosed or unenclosed lands outside of cities, towns, and villages in this state, whether of the public domain or in private ownership, upon which by custom, license, or otherwise, cattle are kept or permitted to roam and feed. See California Government Code 20403
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Real property: includes lands, tenements, and hereditaments. See California Education Code 17573
  • Real property: includes a leasehold interest in real property. See California Government Code 21318
  • Record: includes every kind of record maintained by a business. See California Government Code 21039
  • 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
  • Reduced worktime: as used in this article , means employment of less than 40 hours of work per week, and includes arrangements involving job sharing, four-, five-, or six-hour workdays, jobs which provide eight hours of employment or less for one, two, three, four or five days per week, and such other arrangements which the department finds consistent with maximum employment opportunity to employees desiring other than a standard worktime. See California Government Code 19996.20
  • Reforestation: means planting of tree seedlings, cuttings, or seed. See California Streets and Highways Code 5898.17
  • Registered: as used in this article , means endorsed and signed by the county treasurer. See California Government Code 20281.5
  • Relevant evidence: means evidence, including evidence relevant to the credibility of a witness or hearsay declarant, having any tendency in reason to prove or disprove any disputed fact that is of consequence to the determination of the action. See California Education Code 17574
  • Religious duties: means duties of employment connected with carrying on the religious activities of a religious corporation or association. See California Government Code 19880
  • 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.
  • 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 public or private individual, agency, or organization that is performing actions related to the identification, evaluation, designation, or monitoring of a California natural landmark, on behalf of or in cooperation with the department, either under a contractual agreement or in a volunteer capacity. See California Government Code 20019
  • 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.
  • Resources Agency: means the Secretary of the Resources Agency and any constituent units of the Resources Agency that the secretary determines to be necessary to accomplish the purposes of this chapter. See California Government Code 19991.14
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • Restocked: means stocking to the degree required by the Z'berg-Nejedly Forest Practice Act of 1973, Chapter 8 (commencing with Section 4511) of Part 2. See California Streets and Highways Code 5898.17
  • Restoration: means the improvement of physical structures or facilities and, in the case of natural systems and landscape features, includes, but is not limited to, projects for the control of erosion, stormwater capture and storage or to otherwise reduce stormwater pollution, the control and elimination of invasive species, the planting of native species, the removal of waste and debris, prescribed burning, fuel hazard reduction, fencing out threats to existing or restored natural resources, road elimination, improving instream, riparian, or managed wetland habitat conditions, and other plant and wildlife habitat improvement to increase the natural system value of the property or coastal or ocean resource. See California Government Code 18903
  • Revenues: means all receipts, purchase payments, loan repayments, lease payments, rents, fees and charges, and all other income or receipts derived by the authority from an enterprise, or by the authority or a participating party from any other financing arrangement undertaken by the authority or a participating party, including, but not limited to, all receipts from a bond purchase agreement, and any income or revenue derived from the investment of any money in any fund or account of the authority or a participating party. See California Government Code 20097
  • Revocable trust: A trust agreement that can be canceled, rescinded, revoked, or repealed by the grantor (person who establishes the trust).
  • Riparian habitat: means lands that contain habitat which grows close to and which depends upon soil moisture from a nearby freshwater source. See California Government Code 20905
  • River: means the water, bed, and shoreline of rivers, streams, channels, lakes, bays, estuaries, marshes, wetlands, and lagoons, up to the first line of permanently established riparian vegetation. See California Government Code 19991.14
  • Safety equipment: means equipment or attire worn over, in place of, or in addition to, regular clothing, which is necessary to protect the employees' health and welfare, for example, helmets, goggles, safety harnesses, and fireman "turnout gear. See California Government Code 19850
  • Savings account: has the meaning given that term in Section 5116 of the Financial Code. See California Government Code 21256
  • school building: as used in this article includes a facility that a county office of education is authorized to use pursuant to Article 3 (commencing with Section 17280) of Chapter 3. See California Education Code 17582
  • Scientist: means a person whose combination of academic training and professional field experience in the natural region qualifies him or her to identify and comparatively evaluate a natural area at the regional or state level. See California Government Code 20019
  • Secretary: means the Secretary of Transportation. See California Government Code 14002.5
  • Secretary: means the Secretary of the Resources Agency. See California Government Code 19991.1
  • Secretary: means the Secretary of the Resources Agency. See California Government Code 19991.14
  • Secretary: means the Secretary of Food and Agriculture. See California Education Code 19961
  • secretary: refer to the Transportation Agency and the Secretary of Transportation, respectively, unless the context otherwise requires. See California Government Code 19996.39
  • Sell: includes offer for sale, expose for sale, possess for sale, exchange, barter, or trade. See California Education Code 19966
  • 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.
  • Sex: includes , but is not limited to, the following:

    California Government Code 19878.5

  • Sexual orientation: means heterosexuality, homosexuality, and bisexuality. See California Government Code 19878.5
  • Sheriff: includes marshal. See California Education Code 17389
  • sidewalks or curbs: includes "gutters" "driveways" "pavement" to the centerline of the street, "full pavement" in alleys, "storm and sanitary drainage facilities" "water mains" "pipes" " conduits" "tunnels" "hydrants" and "other necessary works and appliances for providing water service" "paving to provide a parking lane on arterial or collector street sections" "parkway trees" and "street lighting facilities. See California Streets and Highways Code 5871
  • Signature: includes either of the following:

    California Education Code 88166

  • 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 Education Code 17494
  • Small business entity: means a business enterprise, including a landowner, with five hundred thousand dollars ($500,000) or less annual gross revenue. See California Streets and Highways Code 5898.17
  • Smaller nonindustrial landowners: means owners of 5,000 acres or less of forest land. See California Streets and Highways Code 5898.17
  • Source of income: means lawful, verifiable income paid directly to a tenant or paid to a representative of a tenant. See California Government Code 19880.1
  • Special election: is a n election, the specific time for the holding of which is not prescribed by law. See California Education Code 88167.5
  • Special treatment areas: means , for purposes of this chapter, those areas defined as special treatment areas in Section 895. See California Government Code 19991.14
  • Spouse: includes "registered domestic partner" as required by Section 297. See California Education Code 17317
  • spouse: includes a registered domestic partner, as required by Section 297. See California Education Code 17413
  • Spouse: includes "registered domestic partner" as required by Section 297. See California Education Code 17389
  • Spouse: includes "registered domestic partner" as required by Section 297. See California Education Code 5030.5
  • Spouse: includes "registered domestic partner" as required by Section 297. See California Education Code 17575
  • Spouse: includes "registered domestic partner" as required by Section 297. See California Education Code 7003
  • Spouse: includes "registered domestic partner" as required by Section 297. See California Education Code 19407
  • Spouse: includes domestic partner, as defined in Section 37 of this code, as required by Section 297. See California Government Code 21322
  • State: means the State of California, unless applied to the different parts of the United States. See California Education Code 77
  • State: means the State of California. See California Government Code 20097
  • 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 Education Code 17389
  • State: means the State of California, unless applied to the different parts of the United States. See California Education Code 5090
  • State: means the State of California, unless applied to the different parts of the United States. See California Education Code 17576
  • State: means the State of California, unless applied to the different parts of the United States. See California Education Code 19427
  • State: includes any state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possession subject to the legislative authority of the United States. See California Government Code 21325
  • state agencies: means every state office, officer, department, division, bureau, board, and commission and the California State University and the Regents of the University of California. See California Government Code 21113
  • state agency: includes every state office, officer, department, division, bureau, board, and commission. See California Government Code 11000
  • State agency: means every entity included in subdivision (a) of Section 11000 and the California State University. See California Government Code 19889.3
  • State agency: as used in this chapter does not include educational institutions. See California Government Code 21073.1
  • State agency: includes any state office, officer, department, division, bureau, board, commission, organization, or agency including, without limitation, the University of California, the California State University, the California Community Colleges, and the Judicial Council. See California Government Code 19243.2
  • state body: means each of the following:

    California Government Code 11121

  • State employees: means employees of the state and its agencies, but does not include employees of the University of California or the California State University. See California Government Code 19850
  • state fund: means the State Compensation Insurance Fund. See California Government Code 20251
  • State highway: means any highway which is acquired, laid out, constructed, improved or maintained as a State highway pursuant to constitutional or legislative authorization. See California Education Code 7058
  • state lands: means lands owned by, or under the jurisdiction of, the state or any state agency. See California Government Code 19996.24
  • State significance: means property that is one of the best examples of a biological community or geological feature within a natural region of the state, including a terrestrial community, land form, geological feature and process, habitat of native plant and animal species, or fossil evidence of the development of life. See California Government Code 20019
  • Statement: means (a) oral or written verbal expression or (b) nonverbal conduct of a person intended by him as a substitute for oral or written verbal expression. See California Education Code 17577
  • Statewide election: is a n election held throughout the state. See California Education Code 88180
  • Statute: includes a treaty and a constitutional provision. See California Education Code 17578
  • Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
  • Stewardship: means the development and implementation of major programs for the protection, rehabilitation, restoration, and enhancement of the basic natural systems and outstanding scenic features of the state park system. See California Government Code 20905
  • Subdivision: means a subdivision of the section in which the term appears unless some other section is expressly mentioned. See California Education Code 17486
  • Subdivision: means a subdivision of the section in which that term occurs unless some other section is expressly mentioned. See California Education Code 5028
  • Subdivision: means a subdivision of the section in which that term occurs unless some other section is expressly mentioned. See California Education Code 19970
  • Subdivision: means a subdivision of the section in which the term occurs unless some other section is expressly mentioned. See California Education Code 19404
  • Subpoena: A command to a witness to appear and give testimony.
  • Subpoena duces tecum: A command to a witness to produce documents.
  • Summons: Another word for subpoena used by the criminal justice system.
  • superintendent of streets: includes any other person or persons who may be designated by the legislative body to perform any of the duties of the superintendent of streets set forth in this chapter. See California Streets and Highways Code 5871
  • System: means the California wilderness preservation system. See California Government Code 19991.1
  • System: means the California Wild and Scenic Rivers System. See California Government Code 19991.14
  • telecommuting: means the partial or total substitution of computers or telecommunication technologies, or both, for the commute to work by employees residing in California. See California Government Code 20035
  • 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.
  • Testate: To die leaving a will.
  • Testify: includes any mode of oral statement made under oath or affirmation. See California Education Code 17389
  • Testify: Answer questions in court.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
  • Town: includes "unincorporated town" and "village. See California Education Code 19430
  • 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.
  • transportation corridor: means an area or one or more parcels of land that meets any of the following requirements:

    California Government Code 20775

  • Tri-Valley: means the Cities of Danville, Dublin, Livermore, Pleasanton, and San Ramon. See California Government Code 20503
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Trier of fact: includes (a) the jury and (b) the court when the court is trying an issue of fact other than one relating to the admissibility of evidence. See California Education Code 17579
  • Trust: means a State Heritage Network Trust organized pursuant to subdivision (c) of Section 5078. See California Government Code 19851.1
  • Trust: includes the following:

    California Government Code 21331

  • Trustee: includes an original, additional, or successor trustee, whether or not appointed or confirmed by a court. See California Government Code 21337
  • 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
  • Unavailable: means that any such officer is either killed, missing or so seriously injured as to be unable to perform his duties. See California Government Code 19991.7
  • unavailable as a witness: means that the declarant is any of the following:

    California Education Code 17580

  • Uniform: means outer garments, excluding shoes, which are required to be worn exclusively while carrying out the duties and responsibilities of the position and which are different from the design or fashion of the general population. See California Government Code 19850
  • Urban forest: means those native or introduced trees and related vegetation in the urban and near-urban areas, including, but not limited to, urban watersheds, soils and related habitats, street trees, park trees, residential trees, natural riparian habitats, and trees on other private and public properties. See California Streets and Highways Code 5899.4
  • Urban forest maintenance: means those activities that reduce tree mortality, ensure optimal tree health, preserve carbon sequestration and climate resilience benefits, and improve the full functionality of the urban forest. See California Streets and Highways Code 5899.4
  • Urban forestry: means the cultivation and management of native or introduced trees and related vegetation in urban areas for their present and potential contribution to the economic, physiological, sociological, and ecological well-being of urban society. See California Streets and Highways Code 5899.4
  • Urbanized or heavily urbanized local agencies: include cities, counties, or a city and county, or special districts as determined by the Department of Finance according to the latest verifiable census data pursuant to subdivisions (c) and (d) of Section 5621. See California Government Code 19871.2
  • User fees: Fees charged to users of goods or services provided by the government. In levying or authorizing these fees, the legislature determines whether the revenue should go into the treasury or should be available to the agency providing the goods or services.
  • Uses incompatible with forest resource management: means uses not listed in subdivision (h) of Section 51104 or Section 51111 of the Government Code by the city or county in which the parcel subject to a forest resource improvement project lies. See California Streets and Highways Code 5898.17
  • value of property: means market value of any of the following:

    California Government Code 21258

  • 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.
  • Venue: The geographical location in which a case is tried.
  • Verdict: The decision of a petit jury or a judge.
  • 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.
  • Voter: means any elector who is registered under this code. See California Education Code 88183
  • 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 Education Code 88185
  • Wetlands: means lands which may be covered periodically or permanently with shallow water and which include saltwater marshes, freshwater marshes, open or closed brackish water marshes, swamps, mudflats, fens, and vernal pools. See California Government Code 20905
  • Wilderness areas: means component areas of the system as described in Section 5093. See California Government Code 19991.1
  • Work clothes: means attire that is worn over, or in place of, regular clothing and is necessary to protect the employee's clothing from damage or stains which would be present in the normal performance of his or her duties, for example, aprons, lab smocks, shop coats, or coveralls. See California Government Code 19850
  • Writ: means an order or precept in writing, issued in the name of the people, or of a court or judicial officer. See California Education Code 17389
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.
  • Writing: includes printing and typewriting. See California Education Code 17389
  • Writing: means handwriting, typewriting, printing, photostating, photographing, photocopying, transmitting by electronic mail or facsimile, and every other means of recording upon any tangible thing, any form of communication or representation, including letters, words, pictures, sounds, or symbols, or combinations thereof, and any record thereby created, regardless of the manner in which the record has been stored. See California Education Code 17581
  • Writing: includes any form of recorded message capable of comprehension by ordinary visual means. See California Education Code 18535