Chapter 1 Application of Part
Chapter 2 Jurisdiction
Chapter 3 Procedural Provisions
Chapter 3.5 Attorney’s Fees and Costs
Chapter 4 Protective and Restraining Orders
Chapter 5 Notice to Insurance Carriers
Chapter 6 Employee Pension Benefit Plan as Party
Chapter 7 Restoration of Wife’s Former Name
Chapter 8 Uniform Divorce Recognition Act
Chapter 9 Disclosure of Assets and Liabilities
Chapter 10 Relief From Judgment

Terms Used In California Codes > Family Code > Division 6 > Part 1 - GENERAL PROVISIONS

  • Access: means a personal inspection and review of a record or an accurate copy of a record, or an oral description or communication of a record or an accurate copy of a record, and a request to release a copy of any record. See California Education Code 76210
  • Acquittal:
    1. Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
    2. A verdict of "not guilty."
     
  • Adjourn: A motion to adjourn a legislative chamber or a committee, if passed, ends that day's session.
  • administrative costs: means the amounts expended by the Legislature, the Legislative Counsel Bureau, the Governor's Office, the Department of Technology, the Office of Planning and Research, the Department of Justice, the State Controller's Office, the State Treasurer's Office, the State Personnel Board, the Department of Finance, the Department of Financial Information System for California, the Office of Administrative Law, the Department of Human Resources, the Secretary of California Health and Human Services, the California State Auditor's Office, the Department of General Services, and the California State Library, and a proration of any other cost to or expense of the state for services or facilities provided for the Legislature and the above agencies, for supervision or administration of the state government or for services to other state agencies. See California Government Code 11270
  • 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.
  • Aggrieved party: means a party entitled to pursue a remedy. See California Commercial Code 1201
  • agreement: means the total legal obligation that results from the parties' agreement as determined by this code and as supplemented by any other applicable laws. See California Commercial Code 1201
  • Amortization: Paying off a loan by regular installments.
  • Annual percentage rate: The cost of credit at a yearly rate. It is calculated in a standard way, taking the average compound interest rate over the term of the loan so borrowers can compare loans. Lenders are required by law to disclose a card account's APR. Source: FDIC
  • Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • 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
  • Aquaculture: means that form of agriculture devoted to the propagation, cultivation, maintenance, and harvesting of aquatic plants and animals in marine, brackish, and fresh water. See California Fish and Game Code 17
  • 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.
  • Bank: means a person engaged in the business of banking, and includes a savings bank, savings and loan association, credit union, and trust company. See California Commercial Code 1201
  • Baseline: Projection of the receipts, outlays, and other budget amounts that would ensue in the future without any change in existing policy. Baseline projections are used to gauge the extent to which proposed legislation, if enacted into law, would alter current spending and revenue levels.
  • Bearer: means a person in possession of a negotiable instrument, document of title, or certificated security that is payable to bearer or endorsed in blank. See California Commercial Code 1201
  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • Bill of lading: means a document evidencing the receipt of goods for shipment issued by a person engaged in the business of transporting or forwarding goods. See California Commercial Code 1201
  • board: means the California Department of Tax and Fee Administration. See California Revenue and Taxation Code 20
  • 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 State Public Works Board, and "director" means Director of General Services. See California Government Code 15752
  • Bond: includes warrant or other evidence of indebtedness. See California Government Code 53430
  • Bond: includes warrant or other evidence of indebtedness. See California Government Code 53460
  • bonds: as used in this article means: bonds as defined in Section 53550, or revenue bonds as defined in Section 53570. See California Government Code 53580
  • Bonds: means bonds, notes, warrants, or other evidence of indebtedness payable, both principal and interest, from the proceeds of ad valorem taxes that may be levied without limitation as to rate or amount upon property subject to taxation by the legislative body. See California Government Code 53507
  • Bonds: means bonds, warrants, notes or other evidences of indebtedness of a local agency or zone or improvement district thereof. See California Government Code 53530
  • boxing: as used in this chapter includes "kickboxing" and "martial arts. See California Business and Professions Code 18760
  • Buyer in ordinary course of business: means a person that buys goods in good faith, without knowledge that the sale violates the rights of another person in the goods, and in the ordinary course from a person, other than a pawnbroker, in the business of selling goods of that kind. See California Commercial Code 1201
  • candidate: includes any officeholder who is subject to a recall election. See California Elections Code 305
  • Certificated employee: means a member, as defined by Section 22146, of the State Teachers' Retirement System. See California Education Code 7004
  • Chambers: A judge's office.
  • Child care and development programs: means those programs that offer a full range of services for children from infancy to 13 years of age, for any part of a day, by a public or private agency, in centers and family child care homes. See California Education Code 8208
  • Child care and development services: means those services designed to meet a wide variety of needs of children and their families, while their parents or guardians are working, in training, seeking employment, incapacitated, or in need of respite. See California Education Code 8208
  • Children with exceptional needs: means either of the following:

    California Education Code 8208

  • City: includes incorporated city, city and county, municipal corporation, municipality, town and incorporated town. See California Unemployment Insurance Code 13
  • City: includes city and county. See California Business and Professions Code 18
  • City: includes incorporated city, city and county, municipal corporation, municipality, town, and incorporated town. See California Revenue and Taxation Code 14
  • Codicil: An addition, change, or supplement to a will executed with the same formalities required for the will itself.
  • Commercial unit: means such a unit of goods as by commercial usage is a single whole for purposes of lease and division of which materially impairs its character or value on the market or in use. See California Commercial Code 10103
  • Commission: means the Fish and Game Commission, and "commissioner" means a member of the Fish and Game Commission. See California Fish and Game Code 30
  • commission: means the California Transportation Commission. See California Streets and Highways Code 22
  • Commissioner: means the Insurance Commissioner of this State. See California Insurance Code 20
  • 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 estate: includes both community property and quasi-community property. See California Family Code 63
  • Conduit: includes pipe, millrace, ditch, flume, siphon, tunnel, canal, and any other conduit or diversion used for the purpose of taking or receiving water from any river, creek, stream, or lake. See California Fish and Game Code 5900
  • Construction: includes :

    California Streets and Highways Code 29

  • Consumer lease: means a lease that a lessor regularly engaged in the business of leasing or selling makes to a lessee who is an individual and who takes under the lease primarily for a personal, family, or household purpose. See California Commercial Code 10103
  • Continuance: Putting off of a hearing ot trial until a later time.
  • contract: means the bargain of the parties in fact, as found in their language or inferred from other circumstances, including course of performance, course of dealing, or usage of trade as provided in Section 1303. See California Commercial Code 1201
  • Controller: means the State Controller. See California Revenue and Taxation Code 21
  • Conversion coverage: means health insurance benefits providing hospital, surgical, major medical, or comprehensive medical coverage issued to an individual under a converted policy. See California Insurance Code 12671
  • Converted policy: means a policy or contract providing conversion coverage issued by an insurance company or by a hospital service corporation, or individual hospital, surgical, major medical, or comprehensive medical coverage otherwise provided by a policyholder to its employees or members. See California Insurance Code 12671
  • Counterclaim: A claim that a defendant makes against a plaintiff.
  • County: includes city and county. See California Fish and Game Code 32
  • County: includes city and county. See California Unemployment Insurance Code 14
  • County: includes city and county. See California Water Code 14
  • County: includes city and county. See California Health and Safety Code 14
  • County: includes "city and county. See California Insurance Code 14
  • County: includes city and county. See California Business and Professions Code 17
  • County: includes "city and county. See California Code of Civil Procedure 17
  • County: includes city and county. See California Family Code 67
  • County: includes city and county. See California Revenue and Taxation Code 15
  • county highway: means any highway which is:

    California Streets and Highways Code 25

  • Creditor: includes a general creditor, a secured creditor, a lien creditor, and any representative of creditors, including an assignee for the benefit of creditors, a trustee in bankruptcy, a receiver in equity, and an executor or administrator of an insolvent debtor's or assignor's estate. See California Commercial Code 1201
  • Critically underserved community: means a community that meets either of the following:

    California Public Resources Code 5642

  • Customer: means a person or entity that purchases water from a retail water supplier. See California Water Code 13575
  • Dam: includes all artificial obstructions. See California Fish and Game Code 5900
  • Date of separation: means the date that a complete and final break in the marital relationship has occurred, as evidenced by both of the following:

    California Family Code 70

  • Day: means calendar day, and "week" means calendar week. See California Fish and Game Code 35
  • Debt instruments: means bonds, notes, certificates of participation, or other evidences of indebtedness issued by a local agency pursuant to this article. See California Government Code 53595
  • Decedent: A deceased person.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Department: means the Department of Fish and Wildlife. See California Fish and Game Code 37
  • Department: means the Department of Transportation of this state. See California Streets and Highways Code 20
  • department: means State Department of Health Services. See California Health and Safety Code 20
  • department: means the Employment Development Department. See California Unemployment Insurance Code 17000
  • Department: means the Department of Human Resources. See California Government Code 19815
  • department: means the Department of Parks and Recreation and "director" means the Director of Parks and Recreation. See California Public Resources Code 5001.1
  • 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.
  • Devise: To gift property by will.
  • Director: means the Director of Fish and Wildlife. See California Fish and Game Code 39
  • Director: means the director of the department. See California Streets and Highways Code 21
  • Director: means "State Director of Health Services. See California Health and Safety Code 21
  • Directory information: means one or more of the following items: a student's name, address, telephone number, date and place of birth, major field of study, participation in officially recognized activities and sports, weight and height of members of athletic teams, dates of attendance, degrees and awards received, the most recent previous public or private school attended by the student, and any other information authorized in writing by the student. See California Education Code 76210
  • disabled: means a disability of permanent or extended and uncertain duration, as determined by the board, on the basis of competent medical opinion. See California Harbors and Navigation Code 1164
  • District: means fish and game district. See California Fish and Game Code 41
  • Document of title: includes a bill of lading, dock warrant, dock receipt, warehouse receipt, or order for the delivery of goods, and also any other document which in the regular course of business or financing is treated as adequately evidencing that the person in possession of it is entitled to receive, hold, and dispose of the document and the goods it covers. See California Commercial Code 1201
  • Election: means any election including a primary that is provided for under this code. See California Elections Code 318
  • 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 benefit plan: includes public and private retirement, pension, annuity, savings, profit sharing, stock bonus, stock option, thrift, vacation pay, and similar plans of deferred or fringe benefit compensation, whether of the defined contribution or defined benefit type whether or not such plan is qualified under the Employee Retirement Income Security Act of 1974 (P. See California Family Code 80
  • 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.
  • Entity responsible for groundwater replenishment: means any person or entity authorized by statute or court order to manage a groundwater basin and acquire water for groundwater replenishment. See California Water Code 13575
  • Ex officio: Literally, by virtue of one's office.
  • Executor: A male person named in a will to carry out the decedent
  • Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
  • Felony: A crime carrying a penalty of more than a year in prison.
  • Fiduciary: A trustee, executor, or administrator.
  • Finance charge: The total cost of credit a customer must pay on a consumer loan, including interest. The Truth in Lending Act requires disclosure of the finance charge. Source: OCC
  • Finance lease: means a lease with respect to which (A) the lessor does not select, manufacture, or supply the goods, (B) the lessor acquires the goods or the right to possession and use of the goods in connection with the lease, and (C) one of the following occurs:

    California Commercial Code 10103

  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • Fish: means a wild fish, mollusk, crustacean, invertebrate, amphibian, or part, spawn, or ovum of any of those animals. See California Fish and Game Code 45
  • Forbearance: A means of handling a delinquent loan. A
  • Forgery: The fraudulent signing or alteration of another's name to an instrument such as a deed, mortgage, or check. The intent of the forgery is to deceive or defraud. Source: OCC
  • formal notice: means the notice of election which is required to be published and posted in public places, and "card notice" means the notice of election which is required to be mailed to the registered voters of the area in which the election is to be held. See California Education Code 5360
  • 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 Streets and Highways Code 23.5
  • General obligation bonds: means bonds, warrants, notes or other evidence of indebtedness of a local agency payable, both principal and interest, from the proceeds of ad valorem taxes or ad valorem assessments which may be levied without limitation as to rate or amount upon property in the local agency subject to taxation or assessment. See California Government Code 53500
  • Genuine: means free of forgery or counterfeiting. See California Commercial Code 1201
  • Good faith: except as otherwise provided in Division 5 (commencing with Section 5101), means honesty in fact and the observance of reasonable commercial standards of fair dealing. See California Commercial Code 1201
  • Goods: includes wares or merchandise. See California Harbors and Navigation Code 24
  • Goods: means all things that are movable at the time of identification to the lease contract, or are fixtures (Section 10309), but the term does not include money, documents, instruments, accounts, chattel paper, general intangibles, or minerals or the like, including oil and gas, before extraction. See California Commercial Code 10103
  • governing body: means :

    California Code of Civil Procedure 1245.210

  • Grantor: The person who establishes a trust and places property into it.
  • Group policy: means a group health insurance policy providing medical, hospital, surgical, major medical, or comprehensive medical coverage issued by an insurer, a group contract issued by a hospital service corporation, or medical, hospital, surgical, major medical, or comprehensive medical coverage otherwise provided by a policyholder to its employees or members, except for self-insurance programs provided by employers that are not exempt from the federal Employee Retirement Income Security Act of 1974 (ERISA), as specified in subdivision (i). See California Insurance Code 12671
  • Guarantor: A party who agrees to be responsible for the payment of another party's debts should that party default. Source: OCC
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Hazardous waste: means a waste, or combination of wastes, that because of its quantity, concentration, or physical, chemical, or infectious characteristics may do any of the following:

    California Health and Safety Code 101075

  • highway: includes bridges, culverts, curbs, drains, and all works incidental to highway construction, improvement, and maintenance. See California Streets and Highways Code 23
  • Income and expense declaration: means the form for an income and expense declaration in family law matters adopted by the Judicial Council. See California Family Code 95
  • Indenture: means the instrument providing the terms and conditions for the issuance of the debt instruments, and may be a resolution, order, agreement, or other instrument. See California Government Code 53595
  • Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Insolvent: means :

    California Commercial Code 1201

  • Insurance: refers to health insurance, major medical, or comprehensive coverage paid by premium or contribution under a group policy, a hospital service contract, or as otherwise provided by a policyholder to its employees or members other than by self-insuring except in the case of a plan that is exempt from ERISA, but does include an employer plan that is exempt from ERISA as specified in subdivision (i). See California Insurance Code 12671
  • Insurer: means the entity issuing a group policy, an individual or converted policy, a hospital service contract or an employer or employee organization otherwise providing medical, hospital, surgical, major medical, or comprehensive medical coverage to its employees or members. See California Insurance Code 12671
  • Intergenerational staff: means persons of various generations. See California Education Code 8208
  • Irrevocable trust: A trust arrangement that cannot be revoked, rescinded, or repealed by the grantor.
  • Issuer: means a city, county, city and county, school district, community college district, or special district, secured by the levy of ad valorem taxes, authorized to issue bonds pursuant to this article. See California Government Code 53507
  • 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.
  • Lease: means a transfer of the right to possession and use of goods for a term in return for consideration, but a sale, including a sale on approval or a sale or return, or retention or creation of a security interest is not a lease. See California Commercial Code 10103
  • Lease: 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
  • Lease agreement: means the bargain, with respect to the lease, of the lessor and the lessee in fact as found in their language or by implication from other circumstances including course of dealing or usage of trade or course of performance as provided in this division. See California Commercial Code 10103
  • Lease contract: means the total legal obligation that results from the lease agreement as affected by this division and any other applicable rules of law. See California Commercial Code 10103
  • Leasehold interest: means the interest of the lessor or the lessee under a lease contract. See California Commercial Code 10103
  • Legacy: A gift of property made by will.
  • Legatee: A beneficiary of a decedent
  • legislative body: means both of the following:

    California Code of Civil Procedure 1245.310

  • Legislative body: means the city council, board of supervisors, or other legislative or governing body of a local agency. See California Government Code 53595
  • Legislative body: means the legislative body of the local agency as defined in Section 53000. See California Government Code 53500
  • Legislative body: means the governing body of the issuer. See California Government Code 53507
  • Legislative session: That part of a chamber's daily session in which it considers legislative business (bills, resolutions, and actions related thereto).
  • Lessee: means a person who acquires the right to possession and use of goods under a lease. See California Commercial Code 10103
  • Lessor: means a person who transfers the right to possession and use of goods under a lease. See California Commercial Code 10103
  • license: means license, certificate, registration, or other means to engage in a business or profession regulated by this code or referred to in Section 1000 or 3600. See California Business and Professions Code 23.7
  • 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
  • local agency: means public district, public corporation, authority, agency, board, commission, county, city and county, city, school district, or other public entity or any improvement district or zone thereof. See California Government Code 53580
  • Local agency: means any city, county, city and county, district, including, but not limited to, a school district or other public entity authorized to enter into a tax increment agreement. See California Government Code 53595
  • Local agency: means county, city, irrigation district, reclamation district, school district, or other municipal corporation. See California Government Code 53430
  • Local agency: means county, city, irrigation district, reclamation district, school district, sanitary district, or other municipal or public corporation. See California Government Code 53460
  • Local agency: means county, city, city and county, public district, or other public or municipal corporation. See California Government Code 53500
  • local agency: means county, city, city and county, public district or any public or municipal corporation, public agency or public authority. See California Government Code 53510
  • local agency: means county, city, city and county, public district or any public or municipal corporation, public agency or public authority. See California Government Code 53520
  • Local agency: means county, city, city and county, public district, public entity or authority, or other public or municipal corporation, including redevelopment agencies, housing authorities, and industrial development authorities. See California Government Code 53530
  • maintenance: includes any of the following:

    California Streets and Highways Code 27

  • Medicare: means Title XVIII of the United States Social Security Act as added by the Social Security Amendments of 1965 or as later amended or superseded. See California Insurance Code 12671
  • Mile: means either a statute mile (5,280 feet) or a nautical mile (6,077 feet) depending on the application. See California Fish and Game Code 55
  • Money: means a medium of exchange currently authorized or adopted by a domestic or foreign government. See California Commercial Code 1201
  • month: means a calendar month, unless otherwise expressed. See California Civil Code 14
  • Month: means a calendar month, unless otherwise expressed. See California Code of Civil Procedure 17
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Mortgage loan: A loan made by a lender to a borrower for the financing of real property. Source: OCC
  • Necessary property: means property to be used for a public use for which the public entity is authorized to acquire property by eminent domain. See California Code of Civil Procedure 1240.310
  • newspaper: means a newspaper of general circulation. See California Revenue and Taxation Code 36.5
  • 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.
  • 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 Public Resources Code 5642
  • Nutrition education: means a planned sequential instructional program that provides knowledge and teaches skills to help pupils adopt and maintain lifelong, healthy eating patterns. See California Education Code 8996
  • order: include a decree, as appropriate under the circumstances. See California Family Code 100
  • Organization: means a person other than an individual. See California Commercial Code 1201
  • Oversight: Committee review of the activities of a Federal agency or program.
  • Owner: includes the United States (except that for the purpose of Sections 5901, 5931, 5933, and 5938, "owner" does not include the United States as to any dam in the condition the dam existed on September 15, 1945), the State, a person, political subdivision, or district (other than a fish and game district) owning, controlling or operating a dam or pipe. See California Fish and Game Code 5900
  • Parent: means a biological parent, stepparent, adoptive parent, foster parent, caretaker relative, or any other adult living with a child who has responsibility for the care and welfare of the child. See California Education Code 8208
  • 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: means any person, firm, partnership, association, corporation, organization, limited liability company, or business trust. See California Streets and Highways Code 19
  • Person: means any natural person or any partnership, corporation, limited liability company, trust, or other type of association. See California Fish and Game Code 67
  • Person: means any person, firm, association, organization, partnership, limited liability company, business trust, corporation, or company. See California Harbors and Navigation Code 19
  • Person: means any person, firm, association, organization, partnership, business trust, corporation, limited liability company, or company. See California Health and Safety Code 19
  • Person: means any person, association, organization, partnership, business trust, limited liability company, or corporation. See California Insurance Code 19
  • Person: means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, government, governmental subdivision, agency, or instrumentality, public corporation, or any other legal or commercial entity. See California Commercial Code 1201
  • Person: includes any city, county, district, the state, and the United States, to the extent authorized by federal law. See California Water Code 13050
  • Person: includes a natural person, firm, association, organization, partnership, business trust, corporation, limited liability company, or public entity. See California Family Code 105
  • Personal property: All property that is not real property.
  • Petitioner: includes plaintiff, where appropriate. See California Family Code 126
  • physical therapy: as used in this chapter , and a license issued pursuant to this chapter does not authorize the diagnosis of disease. See California Business and Professions Code 2620
  • Plaintiff: 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.
  • Pledge: means pledge, assign, place a charge upon and place a lien upon. See California Government Code 53500
  • Policyholder: means the holder of a group policy issued by an insurer, a holder of a group contract issued by a hospital service corporation or an employer, employee association, or other entity otherwise providing medical, hospital, surgical, major medical, or comprehensive medical coverage on a group basis to its employees or members. See California Insurance Code 12671
  • Pollution: means an alteration of the quality of the waters of the state by waste to a degree which unreasonably affects either of the following:

    California Water Code 13050

  • 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.
  • Premium: means contribution or other consideration paid or payable for coverage under a group policy or converted policy. See California Insurance Code 12671
  • Present value: means the amount as of a date certain of one or more sums payable in the future, discounted to the date certain by use of either an interest rate specified by the parties if that rate is not manifestly unreasonable at the time the transaction is entered into or, if an interest rate is not so specified, a commercially reasonable rate that takes into account the facts and circumstances at the time the transaction is entered into. See California Commercial Code 1201
  • Primary election: includes all primary nominating elections provided for by this code. See California Elections Code 341
  • Pro per: A slang expression sometimes used to refer to a pro se litigant. It is a corruption of the Latin phrase "in propria persona." Source: U.S. Courts
  • Probate: Proving a will
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Proceeding: includes an action. See California Family Code 110
  • property: includes property real and personal. See California Civil Code 14
  • Property: includes real and personal property and any interest therein. See California Family Code 113
  • 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: means taking by sale, lease, discount, negotiation, mortgage, pledge, lien, security interest, issue or reissue, gift, or any other voluntary transaction creating an interest in property. See California Commercial Code 1201
  • Qualified nonprofit organization: means an organization with experience in providing financial and technical assistance to disadvantaged communities that is qualified to operate in California and qualified for exempt status under Section 501(c)(3) of the Internal Revenue Code. See California Water Code 13486.5
  • Quasi-community property: means all real or personal property, wherever situated, acquired before or after the operative date of this code in any of the following ways:

    California Family Code 125

  • quasi-public entity: means :

    California Code of Civil Procedure 1245.320

  • readjusted amount of any other tax resulting from supplemental unsecured property tax levies: shall mean the difference in any other tax levy between the amount that would have been levied had Article XIII?A applied to the 1978-79 unsecured property tax roll and the amount levied using the 1977-78 secured roll property tax rate. See California Revenue and Taxation Code 37
  • Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. See California Commercial Code 1201
  • Recycled water: means water which, as a result of treatment of waste, is suitable for a direct beneficial use or a controlled use that would not otherwise occur and is therefor considered a valuable resource. See California Water Code 13050
  • Recycled water producer: means any local public entity that produces recycled water. See California Water Code 13575
  • Recycled water wholesaler: means any local public entity that distributes recycled water to retail water suppliers and which has constructed, or is constructing, a recycled water distribution system. See California Water Code 13575
  • Redevelopment agency: means a redevelopment agency established pursuant to Part 1 (commencing with Section 33000) of Division 24 of the Health and Safety Code and includes a community development commission exercising the powers granted to a redevelopment agency pursuant to Section 34141 of the Health and Safety Code. See California Government Code 53595
  • refunding bonds: means bonds issued to refund bonds. See California Government Code 53580
  • Regional board: means any California regional water quality control board for a region as specified in Section 13200. See California Water Code 13050
  • Remedy: means any remedial right to which an aggrieved party is entitled with or without resort to a tribunal. See California Commercial Code 1201
  • Reorganization: means :

    California Government Code 12080

  • Representative: means a person empowered to act for another, including an agent, an officer of a corporation or association, and a trustee, executor, or administrator of an estate. See California Commercial Code 1201
  • Respondent: includes defendant, where appropriate. See California Family Code 127
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • Retail water supplier: means any local entity, including a public agency, city, county, or private water company, that provides retail water service. See California Water Code 13575
  • Retailer: means the retail water supplier in whose service area is located the property to which a customer requests the delivery of recycled water service. See California Water Code 13575
  • Revenue-producing facility: means an improvement, works, system or facility furnishing or providing services or products for which the local agency is authorized to impose a charge. See California Government Code 53500
  • Revocable trust: A trust agreement that can be canceled, rescinded, revoked, or repealed by the grantor (person who establishes the trust).
  • Right: includes remedy. See California Commercial Code 1201
  • Right of survivorship: The ownership rights that result in the acquisition of title to property by reason of having survived other co-owners.
  • School district: means that district from which the member of the State Teachers' Retirement System last made contributions to the system before retirement. See California Education Code 7004
  • Security interest: includes any interest of a consignor and a buyer of accounts, chattel paper, a payment intangible, or a promissory note in a transaction that is subject to Division 9 (commencing with Section 9101). See California Commercial Code 1201
  • Self-insured governmental plan: means a self-insured plan established or maintained for its employees by a public entity, as defined in Section 811. See California Insurance Code 12671
  • Sell: includes offer for sale, expose for sale, possess for sale, exchange, barter, or trade. See California Food and Agricultural Code 44
  • Service of process: The service of writs or summonses to the appropriate party.
  • Small water system: means a system for the provision of piped water to the public for human consumption that serves at least two, but not more than 14, service connections and is not a public water system as defined in Section 116275 of the Health and Safety Code. See California Water Code 13486.5
  • Spousal support: means support of the spouse of the obligor. See California Family Code 142
  • Spouse: includes "registered domestic partner" as required by Section 297. See California Family Code 143
  • Spouse: means a spouse as defined by Section 22171. See California Education Code 7004
  • Spouse: includes "registered domestic partner" as required by Section 297. See California Harbors and Navigation Code 12.2
  • Spouse: includes "registered domestic partner" as required by Section 297. See California Insurance Code 12.2
  • Spouse: includes "registered domestic partner" as required by Section 297. See California Business and Professions Code 14.2
  • spouse: includes a registered domestic partner, as required by Section 297. See California Civil Code 14
  • State: means a state of the United States, the District of Columbia, or a commonwealth, territory, or insular possession subject to the jurisdiction of the United States. See California Family Code 145
  • State: means the State of California, unless applied to the different parts of the United States. See California Fish and Game Code 83
  • State: means the State of California, unless applied to the different parts of the United States. See California Water Code 18
  • State: means the State of California, unless applied to the different parts of the United States. See California Harbors and Navigation Code 20
  • State: means the State of California, unless applied to the different parts of the United States. See California Insurance Code 28
  • State: means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. See California Commercial Code 1201
  • state agencies: includes the Department of General Services and any and all organizational units, parts, and subdivisions of state agencies as defined in Section 11000. See California Government Code 11263
  • state agency: includes every state office, officer, department, division, bureau, board, and commission. See California Government Code 11000
  • State board: means the State Water Resources Control Board. See California Water Code 13050
  • 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 Streets and Highways Code 24
  • Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
  • Student record: means any item of information directly related to an identifiable student, other than directory information, which is maintained by a community college or required to be maintained by any employee in the performance of his or her duties, whether recorded by handwriting, print, tapes, film, microfilm or other means. See California Education Code 76210
  • Subdivision: means a subdivision of the section in which that term occurs unless some other section is expressly mentioned. See California Fish and Game Code 73
  • Subdivision: means a subdivision of the section in which that term occurs unless some other section is expressly mentioned. See California Water Code 10
  • Subdivision: means a subdivision of the section in which that term occurs, unless some other section is expressly mentioned. See California Business and Professions Code 15
  • Sublease: means a lease of goods the right to possession and use of which was acquired by the lessor as a lessee under an existing lease. See California Commercial Code 10103
  • Subpoena: A command to a witness to appear and give testimony.
  • subscription: includes mark when the signer or subscriber can not write, such signer's or subscriber's name being written near the mark by a witness who writes his own name near the signer's or subscriber's name. See California Streets and Highways Code 18
  • substitute: means a person who performs, on a temporary basis, the duties of the individual who made the notes and does not refer to a person who permanently succeeds the maker of the notes in his or her position. See California Education Code 76210
  • Substitute property: means property to be exchanged for necessary property. See California Code of Civil Procedure 1240.310
  • Summons: Another word for subpoena used by the criminal justice system.
  • supplemental unsecured property tax levies: shall mean that amount of property tax levied by any city, county, city and county, and special district which is attributable to that portion of the property tax rate levied on the unsecured roll for the 1978-79 tax year, less the rate for voter-approved indebtedness, which is in excess of four dollars ($4) per one hundred dollars ($100) of assessed value. See California Revenue and Taxation Code 37
  • Support: refers to a support obligation owing on behalf of a child, spouse, or family, or an amount owing pursuant to Section 17402. See California Family Code 150
  • Support services: means those services that, when combined with child care and development services, help promote the healthy physical, mental, social, and emotional growth of children. See California Education Code 8208
  • Take: means hunt, pursue, catch, capture, or kill, or attempt to hunt, pursue, catch, capture, or kill. See California Fish and Game Code 86
  • tax expenditure: means a credit, deduction, exclusion, exemption, or any other tax benefit as provided for by the state. See California Revenue and Taxation Code 41
  • Tax increment: means that portion of tax revenues allocated to a redevelopment agency pursuant to subdivision (b) of Section 33670 of the Health and Safety Code. See California Government Code 53595
  • Tax increment agreement: means any agreement between a local agency and a redevelopment agency which allocates tax increment to the local agency pursuant to Section 33401 of the Health and Safety Code. See California Government Code 53595
  • Tax increment revenues: means tax increment received or receivable by a local agency pursuant to a tax increment agreement. See California Government Code 53595
  • Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
  • Term: means a portion of an agreement that relates to a particular matter. See California Commercial Code 1201
  • third party: means a person that has engaged in a transaction or made an agreement subject to this code. See California Commercial Code 1201
  • Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
  • Trustor: The person who makes or creates a trust. Also known as the grantor or settlor.
  • 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
  • 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 Fish and Game Code 5900
  • Uphold: The decision of an appellate court not to reverse a lower court decision.
  • Usury: Charging an illegally high interest rate on a loan. Source: OCC
  • Verdict: The decision of a petit jury or a judge.
  • Vessel: includes ships of all kinds, steamboats, steamships, canal boats, barges, sailing vessels, and every structure adapted to be navigated from place to place for the transportation of merchandise or persons. See California Harbors and Navigation Code 21
  • Voter: means any elector who is registered under this code. See California Elections Code 359
  • Warehouse receipt: means a receipt issued by a person engaged in the business of storing goods for hire. See California Commercial Code 1201
  • Waste: means either of the following:

    California Health and Safety Code 101075

  • Waste: includes sewage and any and all other waste substances, liquid, solid, gaseous, or radioactive, associated with human habitation, or of human or animal origin, or from any producing, manufacturing, or processing operation, including waste placed within containers of whatever nature prior to, and for purposes of, disposal. See California Water Code 13050
  • Water quality control: means the regulation of any activity or factor which may affect the quality of the waters of the state and includes the prevention and correction of water pollution and nuisance. See California Water Code 13050
  • Waters of the state: means any surface water or groundwater, including saline waters, within the boundaries of the state. See California Water Code 13050
  • Wildlife: means and includes all wild animals, birds, plants, fish, amphibians, reptiles, and related ecological communities, including the habitat upon which the wildlife depends for its continued viability. See California Fish and Game Code 89.5
  • will: includes codicil. See California Civil Code 14
  • Writ: means an order or precept in writing, issued in the name of the people, or of a court or judicial officer. See California Code of Civil Procedure 17
  • Writing: includes any form of recorded message capable of comprehension by ordinary visual means. See California Unemployment Insurance Code 8
  • Writing: includes printing, typewriting, or any other intentional reduction to tangible form. See California Commercial Code 1201
  • Writing: includes printing and typewriting. See California Code of Civil Procedure 17