Part 1 DEFINITIONS
Part 2 REGULATION OF THE SALE OF FRANCHISES
Part 3 FRAUDULENT AND PROHIBITED PRACTICES
Part 4 ENFORCEMENT
Part 5 ADMINISTRATION
Part 6 GENERAL PROVISIONS

Terms Used In California Codes > Corporations Code > Title 4 > Division 5 - FRANCHISE INVESTMENT LAW

  • Access costs: means living expenses and expenses for transportation, supplies, technology, and books. See California Education Code 69432.7
  • 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.
  • Agreement: means an agreement relating to commercial cannabis authorized under this chapter and entered into between this state and another state or states. See California Business and Professions Code 26300
  • Amortization: Paying off a loan by regular installments.
  • annexing district: means any public utility district to which land is to be annexed. See California Public Utilities Code 17361
  • Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Appraisal: A determination of property value.
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Award year: means one academic year, or the equivalent, of attendance at a qualifying institution. See California Education Code 69432.7
  • 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.
  • Bequest: Property gifted by will.
  • board: means any entity listed in Section 101, the entities referred to in Sections 1000 and 3600, the State Bar, the Department of Real Estate, and any other state agency that issues a license, certificate, or registration authorizing a person to engage in a business or profession. See California Business and Professions Code 31
  • Board: means the Dental Board of California. See California Business and Professions Code 1741
  • board of supervisors: means the board of supervisors of the principal county. See California Public Utilities Code 22901
  • Bona fide transferor: means a person or public agency as defined in §. See California Water Code 1811
  • boxing: as used in this chapter includes "kickboxing" and "martial arts. See California Business and Professions Code 18760
  • candidate: includes any officeholder who is subject to a recall election. See California Elections Code 305
  • 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.
  • City: includes city and county and "incorporated town" but does not include "unincorporated town" or "village. See California Public Utilities Code 19
  • Classification: means that each position in the classified service shall have a designated title, a regular minimum number of assigned hours per day, days per week, and months per year, a specific statement of the duties required to be performed by the employees in each such position, and the regular monthly salary ranges for each such position. See California Education Code 45101
  • Clearly and conspicuously: means in a font no smaller than boldface, 14-point type, clearly separate from any other language on the page. See California Business and Professions Code 22598
  • Clerk of court: An officer appointed by the court to work with the chief judge in overseeing the court's administration, especially to assist in managing the flow of cases through the court and to maintain court records.
  • clinical laboratory scientist: means a person, other than a licensed clinical laboratory bioanalyst or trainee, who is licensed under Sections 1261 and 1262 to engage in clinical laboratory practice under the overall operation and administration of a laboratory director, unless serving as a director of a waived laboratory as provided in Section 1209. See California Business and Professions Code 1204
  • commission: means the Student Aid Commission created by this article. See California Education Code 69515
  • Commission: means the Student Aid Commission. See California Education Code 69432.7
  • Commission: means the Public Utilities Commission created by §. See California Public Utilities Code 20
  • Commissioner: means any county agricultural commissioner. See California Food and Agricultural Code 26
  • Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
  • Community property: means :

    California Probate Code 28

  • 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.
  • Conservator: includes a limited conservator. See California Probate Code 30
  • Continuance: Putting off of a hearing ot trial until a later time.
  • contract or contracts serving as an enforceable restriction on the sale or resale value of owner-occupied units: means a contract described in paragraph (11) of subdivision (a) of §. See California Government Code 54221
  • County: includes city and county. See California Water Code 14
  • County: includes "city and county. See California Corporations Code 14
  • County: includes "city and county. See California Public Resources Code 14
  • County: includes city and county. See California Public Utilities Code 18
  • County: includes city and county. See California Food and Agricultural Code 29
  • 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 State Department of Public Health. See California Business and Professions Code 1202
  • Department: means the Department of Consumer Affairs. See California Business and Professions Code 22702
  • Department: means the Department of Food and Agriculture. See California Food and Agricultural Code 32
  • Devise: To gift property by will.
  • Devisee: means any person designated in a will to receive a devise. See California Probate Code 34
  • Direct supervision: means supervision of dental procedures based on instructions given by a licensed dentist, who must be physically present in the treatment facility during the performance of those procedures. See California Business and Professions Code 1741
  • Disciplinary action: includes any action whereby an employee is deprived of any classification or any incident of any classification in which he has permanence, including dismissal, suspension, demotion, or any reassignment, without his voluntary consent, except a layoff for lack of work or lack of funds. See California Education Code 45101
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • Dispose: means either of the following:

    California Government Code 54221

  • district: as used in this article includes all districts within the state, including, but not limited to, all special districts, sewer, water, utility, and local and regional park districts, and any other political subdivision of this state that is a district, and therefore the changes in paragraph (1) made by the act adding this paragraph that specify that the provisions of this article apply to all districts, including school, sewer, water, utility, and local and regional park districts of any kind or class, are declaratory of, and not a change in, existing law. See California Government Code 54221
  • Donor: The person who makes a gift.
  • Election: means any election including a primary that is provided for under this code. See California Elections Code 318
  • Elections official: means any of the following:

    California Elections Code 320

  • Elector: means a person who is a United States citizen 18 years of age or older and, except as specified in subdivision (b), is a resident of an election precinct in this state on or before the day of an election. See California Elections Code 321
  • Electronic signature: means an electronic sound, symbol, or process attached to or logically associated with an electronic record and executed or adopted by a person with the intent to sign the electronic record. See California Code of Civil Procedure 17
  • Embezzlement: In most states, embezzlement is defined as theft/larceny of assets (money or property) by a person in a position of trust or responsibility over those assets. Embezzlement typically occurs in the employment and corporate settings. Source: OCC
  • Emergency: means a sudden occurrence such as a storm, flood, fire, or an unexpected equipment outage impairing the ability of a person or public agency to make water deliveries. See California Water Code 1811
  • 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
  • Escrow: Money given to a third party to be held for payment until certain conditions are met.
  • evidence: means any paper, book, map, account, or document. See California Water Code 1076
  • 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 Corporations Code 17.1
  • Executor: A male person named in a will to carry out the decedent
  • exempt surplus land: means any of the following:

    California Government Code 54221

  • Fair compensation: means the reasonable charges incurred by the owner of the conveyance system, including capital, operation, maintenance, and replacement costs, increased costs from any necessitated purchase of supplemental power, and including reasonable credit for any offsetting benefits for the use of the conveyance system. See California Water Code 1811
  • 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.
  • Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
  • Food delivery platform: means an online business that acts as an intermediary between consumers and multiple food facilities to submit food orders from a consumer to a participating food facility, and to arrange for the delivery of the order from the food facility to the consumer. See California Business and Professions Code 22598
  • Food facility: means a food facility, as defined in §. See California Business and Professions Code 22598
  • 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
  • Forwarded call: means a communication made by a consumer and intended for a food facility, by telephone call or other means of communication, that has been routed by a food delivery platform, or a routing service under the direction of the food delivery platform, to the intended food facility. See California Business and Professions Code 22598
  • Fraud: Intentional deception resulting in injury to another.
  • Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
  • General election: means either of the following:

    California Elections Code 324

  • General supervision: means supervision of dental procedures based on instructions given by a licensed dentist but not requiring the physical presence of the supervising dentist during the performance of those procedures. See California Business and Professions Code 1741
  • 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,
  • 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 Probate Code 44
  • hosting platform: means a marketplace that is created for the primary purpose of facilitating the rental of a residential unit offered for occupancy for tourist or transient use for compensation to the offeror of that unit, and the operator of the hosting platform derives revenues, including booking fees or advertising revenues, from providing or maintaining that marketplace. See California Business and Professions Code 22590
  • 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
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. Source: OCC
  • Intestate: Dying without leaving a will.
  • laboratory director: means any person who is any of the following:

    California Business and Professions Code 1209

  • 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.
  • 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.
  • Licensee: means any person authorized by a license, certificate, registration, or other means to engage in a business or profession regulated by this code or referred to in Sections 1000 and 3600. See California Business and Professions Code 23.8
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Lineal descendant: Direct descendant of the same ancestors.
  • Listing website: means an internet website or application that lists, or produces through search results, telephone numbers associated with food facilities, and that has 100,000,000 or more unique monthly visitors. See California Business and Professions Code 22598
  • Livestock stockpond: means a water impoundment structure constructed for livestock watering use not to exceed direct diversion of 4,500 gallons per day, or diversion to storage of 10 acre-feet per year, as that use is defined by the board, and including impoundment for incidental aesthetic, fire protection, recreational, or fish and wildlife purposes. See California Water Code 1228.1
  • local agency: means every city, county, city and county, district, or any other local governmental body or corporation empowered to expend public funds for the acquisition of property. See California Government Code 54201
  • Local agency: means every city, whether organized under general law or by charter, county, city and county, district, including school, sewer, water, utility, and local and regional park districts of any kind or class, joint powers authority, successor agency to a former redevelopment agency, housing authority, or other political subdivision of this state and any instrumentality thereof that is empowered to acquire and hold real property. See California Government Code 54221
  • Maximum household income and asset levels: means the applicable household income and household asset levels for participants, including new applicants and renewing recipients, in the Cal Grant Program, as defined and adopted in regulations by the commission for the 2001-02 academic year, which shall be set pursuant to the following income and asset ceiling amounts:

    California Education Code 69432.7

  • month: means a calendar month, unless otherwise expressed. See California Civil Code 14
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • 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
  • Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
  • Nominate: means the selection, at a state-conducted primary election, of candidates who are entitled by law to participate in the general election for that office, but does not mean any other lawful mechanism that a political party may adopt for the purposes of choosing the candidate who is preferred by the party for a nonpartisan or voter-nominated office. See California Elections Code 332.5
  • 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: A promise to tell the truth.
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Online order: means an order for food or beverage placed by a customer through or with the assistance of a food delivery platform, including, but not limited to, a telephone order, for delivery. See California Business and Professions Code 22598
  • Open-space purposes: means the use of land for public recreation, enjoyment of scenic beauty, or conservation or use of natural resources. See California Government Code 54221
  • Party: means a political party or organization that has qualified for participation in any primary or presidential general election. See California Elections Code 338
  • Person: includes a public agency. See California Water Code 1745
  • Person: means any person, firm, association, organization, partnership, business trust, corporation, limited liability company, or company. See California Water Code 19
  • 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 Probate Code 56
  • person: includes firm, association, partnership, individual, limited liability company, and corporation. See California Business and Professions Code 1201
  • person: includes any individual, partnership, firm, association, or corporation. See California Business and Professions Code 17506
  • Person: includes a corporation as well as a natural person. See California Corporations Code 18
  • Person: means any individual, partnership, association, corporation, limited liability company, or any organized group of persons whether incorporated or not. See California Food and Agricultural Code 38
  • Personal property: All property that is not real property.
  • 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 Probate Code 58
  • petitioning district: means any public utility district, water district, or irrigation district containing land which is to be annexed to a public utility district. See California Public Utilities Code 17360
  • Phototherapy device: means equipment that emits ultraviolet radiation used by a health care professional in the treatment of disease. See California Business and Professions Code 22702
  • 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.
  • power: includes electricity, electrical power, and other power. See California Water Code 1751
  • 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.
  • Primary election: includes all primary nominating elections provided for by this code. See California Elections Code 341
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • proceeding: means any inquiry, investigation, hearing, ascertainment, or other proceeding ordered or undertaken by the board pursuant to this code. See California Water Code 1075
  • Process: includes a writ or summons issued in the course of judicial proceedings of either a civil or criminal nature. See California Government Code 22
  • Process: includes all writs, warrants, summons, and orders of courts of justice, or judicial officers. See California Government Code 26660
  • Property: means anything that may be the subject of ownership and includes both real and personal property and any interest therein. See California Probate Code 62
  • property: includes property real and personal. See California Civil Code 14
  • public agency: includes the Federal Government or any of its branches, and any county, city, district, or other public corporation. See California Public Utilities Code 16871
  • Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
  • Purchase price: means the price, as listed on the menu, for the items contained in an online order. See California Business and Professions Code 22598
  • Qualifying institution: means an institution that complies with paragraphs (2) to (4), inclusive, and is any of the following:

    California Education Code 69432.7

  • Quasi-community property: means the following property, other than community property as defined in Section 28:

    California Probate Code 66

  • Recess: A temporary interruption of the legislative business.
  • Reclassification: means the upgrading of a position to a higher classification as a result of the gradual increase of the duties being performed by the incumbent in such position. See California Education Code 45101
  • Regional occupational program: as used in this chapter , means a sequence of career technical or technical training programs that meet the criteria and standards of instructional programs in regional occupational centers and are conducted in a variety of physical facilities that are not necessarily situated in one single plant or site. See California Education Code 52303
  • 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.
  • 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.
  • Satisfactory academic progress: means those criteria required by applicable federal standards published in Title 34 of the Code of Federal Regulations. See California Education Code 69432.7
  • school: means any place, establishment, or institution organized and operated to offer training for one or more of the personnel classifications included in this chapter or the regulations pertaining thereto. See California Business and Professions Code 1213
  • Sectional planning area: means an area composed of identifiable planning units, within which common services and facilities, a strong internal unity, and an integrated pattern of land use, circulation, and townscape planning are readily achievable. See California Government Code 54221
  • Sectional planning area document: means a document or plan that sets forth, at minimum, a site utilization plan of the sectional planning area and development standards for each land use area and designation. See California Government Code 54221
  • Service of process: The service of writs or summonses to the appropriate party.
  • sewage disposal facilities: includes sewers or other works or facilities for the handling, treatment, or disposal of sewage. See California Public Utilities Code 16872
  • Signature: includes either of the following:

    California Elections Code 354.5

  • Small domestic use: means a domestic use, as that use is defined by board rule, or a use for aesthetic, fire protection, recreational, or fish and wildlife purposes that is associated with a dwelling or other facility for human occupation, that does not exceed direct diversion of 4,500 gallons per day or diversion to storage of 10 acre-feet per year. See California Water Code 1228.1
  • Small irrigation use: means either of the following:

    California Water Code 1228.1

  • Spouse: includes domestic partner, as defined in Section 37 of this code, as required by §. See California Probate Code 72
  • Spouse: includes "registered domestic partner" as required by §. See California Business and Professions Code 14.2
  • spouse: includes a registered domestic partner, as required by §. See California Civil Code 14
  • Spouse: includes "registered domestic partner" as required by §. See California Corporations Code 12.2
  • State: means the State of California, unless applied to the different parts of the United States. See California Water Code 18
  • 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 Probate Code 74
  • 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, unless applied to the different parts of the United States. See California Public Utilities Code 17
  • stream system: includes stream, lake, or other body of water, and tributaries and contributory sources, but does not include an underground water supply other than a subterranean stream following through known and definite channels. See California Water Code 1205
  • Subdivision: means a subdivision of the section in which that term occurs unless some other section is expressly mentioned. See California Public Utilities Code 10
  • Summons: Another word for subpoena used by the criminal justice system.
  • Surplus land: includes land held in the Community Redevelopment Property Trust Fund pursuant to §. See California Government Code 54221
  • Tanning device: means an ultraviolet tanning device and any accompanying equipment, including, but not limited to, protective eyewear, timers, and handrails. See California Business and Professions Code 22702
  • Tanning facility: means any location, place, area, structure, or business that provides persons access to any tanning device. See California Business and Professions Code 22702
  • 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.
  • 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.
  • Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. Source: OCC
  • Ultraviolet tanning device: means equipment that emits electromagnetic radiation with wavelengths in the air between 200 and 400 nanometers used for tanning of the skin, including, but not limited to, a sunlamp, tanning booth, or tanning bed. See California Business and Professions Code 22702
  • United States: means the United States of America, and in relation to any particular matter includes the officers, agents, employees, agencies, or instrumentalities authorized to act in relation thereto. See California Water Code 20
  • Unused capacity: means space that is available within the operational limits of the conveyance system and that the owner is not using during the period for which the transfer is proposed and which space is sufficient to convey the quantity of water proposed to be transferred. See California Water Code 1811
  • Verdict: The decision of a petit jury or a judge.
  • Voter: means any elector who is registered under this code. See California Elections Code 359
  • water: includes the term "use of water. See California Water Code 1000
  • Water Commission Act: means Chapter 586, Statutes of 1913, as amended. See California Water Code 1003
  • Water supplier: means a local public agency or private company supplying or storing water, or a mutual water company. See California Water Code 1745
  • Will: includes codicil and any testamentary instrument which merely appoints an executor or revokes or revises another will. See California Probate Code 88
  • will: includes codicil. See California Civil Code 14
  • works: includes dams, tunnels, diversion works, ditches, and other works or constructions. See California Water Code 1750
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.