Chapter 1 State Marketing Services
Chapter 2 Cooperative Agreements
Chapter 3 Void Contracts and Restraint of Trade
Chapter 4 Assignment of Dues
Chapter 5 Donation of Food
Chapter 6 Foreign Marketing
Chapter 7 Institutional Purchasers of Agricultural Products

Terms Used In California Codes > Food and Agricultural Code > Division 21 > Part 1 - GENERAL PROVISIONS

  • 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: means an arrangement under a terms-of-service agreement in which the custodian carries, maintains, processes, receives, or stores a digital asset of the user or provides goods or services to the user. See California Probate Code 871
  • Account: means any deposit or credit account with a bank, including a demand, time, savings, passbook, share draft, or like account, other than an account evidenced by a certificate of deposit. See California Commercial Code 4104
  • Acquittal:
    1. Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
    2. A verdict of "not guilty."
     
  • Act: means the federal American Recovery and Reinvestment Act of 2009 (Public Law 111-5). See California Public Resources Code 25470
  • Action: includes a civil action and a special proceeding of a civil nature. See California Code of Civil Procedure 2016.020
  • Action: includes a civil action and a criminal action. See California Evidence Code 105
  • 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.
  • Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
  • Afternoon: means the period of a day between noon and midnight. See California Commercial Code 4104
  • Aggrieved party: means a party entitled to pursue a remedy. See California Commercial Code 1201
  • agreement: means the total legal obligation that results from the parties' agreement as determined by this code and as supplemented by any other applicable laws. See California Commercial Code 1201
  • Allocation: means a loan of funds by the Department of General Services pursuant to the procedures specified in this chapter. See California Public Resources Code 25470
  • ammunition: includes , but is not limited to, any bullet, cartridge, magazine, clip, speed loader, autoloader, ammunition feeding device, or projectile capable of being fired from a firearm with a deadly consequence. See California Penal Code 16150
  • ammunition vendor: means any person, firm, corporation, or other business enterprise that holds a current ammunition vendor license issued pursuant to Section 30385. See California Penal Code 16151
  • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
  • application to purchase: means either of the following:

    California Penal Code 16190

  • Appraisal: A determination of property value.
  • Approved program: means a program for the education of physician assistants that has been formally approved by the board. See California Business and Professions Code 3501
  • Arrest: Taking physical custody of a person by lawful authority.
  • assessed value: means 25 percent of full value to, and including, the 1980-81 fiscal year, and 100 percent of full value for the 1981-82 fiscal year and fiscal years thereafter. See California Government Code 25
  • assessment level: means the estimated gross dollar amount received by assessment from all assessed businesses on an annual basis, and "assessment formula" means the allocation method used within each industry segment (for example, percentage of gross revenue or percentage of transaction charges). See California Government Code 13995.60
  • Association: includes any lodge, order, beneficial association, fraternal or beneficial society or association, historical, military, or veterans organization, labor union, foundation, or federation, or any other society, organization, or association, or degree, branch, subordinate lodge, or auxiliary thereof. See California Corporations Code 21300
  • Association: means any corporation organized under this part. See California Corporations Code 13202
  • at-risk: means there is evidence of, or there are indications of, any of the following:

    California Penal Code 14215

  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • 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.
  • Bailee: means a person that by a warehouse receipt, bill of lading, or other document of title acknowledges possession of goods and contracts to deliver them. See California Commercial Code 7102
  • bait net: means a lampara or round haul type net, the mesh of which is constructed of twine not exceeding Standard No. See California Fish and Game Code 8780
  • Bank: means a person engaged in the business of banking, and includes a savings bank, savings and loan association, credit union, and trust company. See California Commercial Code 1201
  • Banking day: means the part of a day on which a bank is open to the public for carrying on substantially all of its banking functions. See California Commercial Code 4104
  • Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
  • Baseline: Projection of the receipts, outlays, and other budget amounts that would ensue in the future without any change in existing policy. Baseline projections are used to gauge the extent to which proposed legislation, if enacted into law, would alter current spending and revenue levels.
  • basic firearms safety certificate: means a certificate issued before January 1, 2003, by the Department of Justice pursuant to former Article 8 (commencing with Section 12800) of Chapter 6 of Title 2 of Part 4, as that article read at any time from when it became operative on January 1, 1992, to when it was repealed on January 1, 2003. See California Penal Code 16240
  • 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
  • Bequest: Property gifted by will.
  • 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
  • Bird: means a wild bird or part of a wild bird. See California Fish and Game Code 22
  • Board: means the governing board of the San Joaquin Joint Powers Authority established under Section 14074. See California Government Code 14074
  • Board: means the governing board of the Capitol Corridor Joint Powers Authority established under Section 14076. See California Government Code 14076
  • Board: means the Pooled Money Investment Board. See California Government Code 16493
  • Board: means the state board, department, or agency authorized by that act to request the committee to cause bonds to be issued for the purpose of creating a fund that is to be expended by the board for the purposes specified in that act. See California Government Code 16722
  • Board: means the Physician Assistant Board. See California Business and Professions Code 3501
  • Bona fide association: means an organization of employees and former employees of an agency of the state and the California State University, and which does not have as one of its purposes representing these employees in their employer-employee relations. See California Government Code 1150
  • Bond: means a bond, authorized by Sections 8878. See California Government Code 8878.16
  • Bond: means a state general obligation bond issued pursuant to an act adopting the provisions of this chapter. See California Government Code 16722
  • Bond act: means the act authorizing the issuance of state general obligation bonds and adopting this chapter by reference. See California Government Code 16722
  • Budget resolution: Legislation in the form of a concurrent resolution setting forth the budget. The budget resolution establishes various budget totals, divides spending totals into functional categories (e.g., transportation), and may include reconciliation instructions to designated committees.
  • building: includes (a) one or more buildings located or to be located on one or more sites. See California Education Code 81330
  • building: includes onsite and offsite facilities, utilities and improvements which as agreed upon by the parties are appropriate for the proper operation or function of the building to be occupied jointly by the district and private person, firm, or corporation. See California Education Code 81390
  • Building: means any existing structure that includes a heating or cooling system, or both. See California Public Resources Code 25470
  • building: includes onsite and offsite facilities, utilities and improvements which as agreed upon by the parties are appropriate for the proper operation or function of the building to be jointly occupied and used. See California Education Code 81421
  • business: includes every kind of business, governmental activity, profession, occupation, calling, or operation of institutions, whether carried on for profit or not. See California Evidence Code 1270
  • Buy: includes an offer to buy, purchase, barter, exchange, or trade. See California Fish and Game Code 24
  • 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
  • Capitol Corridor Joint Powers Authority: means the joint exercise of powers agency formed under Chapter 5 (commencing with Section 6500) of Division 7 of Title 1 and specified in subdivision (a) of Section 14070. See California Government Code 14076
  • Carrier: means a person that issues a bill of lading. See California Commercial Code 7102
  • Carries: means engages in the transmission of electronic communications. See California Probate Code 871
  • Case law: The law as laid down in cases that have been decided in the decisions of the courts.
  • Catalogue of electronic communications: means information that identifies each person with which a user has had an electronic communication, the time and date of the communication, and the electronic address of the person. See California Probate Code 871
  • 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.
  • CCW: means "carry concealed weapons. See California Penal Code 16360
  • center: means the Violent Crime Information Center. See California Penal Code 14215
  • Certified supervisor or operator: means a licentiate of the healing arts who has been certified under subdivision (e) of Section 114870 or 107111 to supervise the operation of X-ray machines or to operate X-ray machines, or both. See California Health and Safety Code 114850
  • Chambers: A judge's office.
  • Changes: as used in this chapter shall include corrections, alterations, modifications, additions, omissions, increases or decreases. See California Streets and Highways Code 10350
  • child: is a ny person under 18 years of age. See California Penal Code 14215
  • City: includes "city and county" and "incorporated town. See California Streets and Highways Code 15
  • City: includes incorporated city, city and county, municipal corporation, municipality, town and incorporated town. See California Unemployment Insurance Code 13
  • Claim: means a demand for monetary compensation or damages, arising under or relating to the performance of any public works contract. See California Public Contract Code 22200
  • Clearinghouse: means an association of banks or other payors regularly clearing items. See California Commercial Code 4104
  • Clerk: means the clerk of the supervising authority. See California Government Code 58004
  • Closed season: means that period of time during which the taking of birds, mammals, fish, amphibians, or reptiles is prohibited. See California Fish and Game Code 29
  • Codicil: An addition, change, or supplement to a will executed with the same formalities required for the will itself.
  • Commercial development project: means any project involving the issuance of a permit by an underlying land use jurisdiction for construction, not including remodeling of an existing property, that is undertaken within the San Francisco Bay area for the development of land for commercial use, but does not include any project involving solely a permit to operate. See California Government Code 64620
  • Commercial linkage fee: means a monetary exaction, other than a tax or special assessment, established for a broad class of projects by legislation of general applicability that is charged to an applicant in connection with the approval of a commercial development project by an underlying land use jurisdiction for the purpose of addressing the need for additional housing development necessitated by that commercial development project, as determined pursuant to the nexus study undertaken pursuant to subdivision (b) of Section 64621. See California Government Code 64620
  • commission: means the California Transportation Commission. See California Streets and Highways Code 22
  • Commission: means the Seismic Safety Commission. See California Government Code 8878.52
  • commission: means the California Transportation Commission. See California Government Code 14002.5
  • Commissioner: means any county agricultural commissioner. See California Food and Agricultural Code 26
  • commissioner: includes a commissioner who is employed pursuant to Section 2124. See California Food and Agricultural Code 2241
  • Committee: means the California Earthquake Safety and Housing Rehabilitation Finance Committee. See California Government Code 8878.16
  • Committee: means the Earthquake Safety and Public Buildings Rehabilitation Finance Committee created pursuant to subdivision (a) of Section 8878. See California Government Code 8878.52
  • Committee: means the finance committee or other body created by that act and authorized to cause bonds to be issued by the adoption of a resolution or resolutions. See California Government Code 16722
  • Committee: means the Radiologic Technology Certification Committee. See California Health and Safety Code 114850
  • Community property: means :

    California Probate Code 28

  • 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

  • Conservatee: includes a limited conservatee. See California Probate Code 29
  • Conservator: includes a limited conservator. See California Probate Code 30
  • Construction: includes :

    California Streets and Highways Code 29

  • consultant-evaluator: means a consultant or evaluator who, in the course of that person's profession is loaned firearms from a person licensed pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code and the regulations issued pursuant thereto, for research or evaluation, and has a current certificate of eligibility issued pursuant to Section 26710. See California Penal Code 16410
  • 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
  • Content of an electronic communication: means information concerning the substance or meaning of the communication, which meets all of the following requirements:

    California Probate Code 871

  • 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
  • corridor: means the Los Angeles-Bakersfield-Fresno-Stockton-Sacramento-Oakland intercity passenger rail corridor. See California Government Code 14074
  • corridor: means the Colfax-Sacramento-Suisun City-Oakland-San Jose rail corridor. See California Government Code 14076
  • 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 Food and Agricultural Code 29
  • County: includes city and county. See California Unemployment Insurance Code 14
  • County: includes city and county. See California Health and Safety 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 Penal Code 7
  • County: includes "city and county. See California Corporations Code 14
  • County: includes "city and county. See California Public Resources Code 14
  • Court: means the superior court presiding over the judicial proceedings which have been initiated under this code to administer the estate of the deceased user, or, if none, the superior court sitting in the exercise of jurisdiction under this code in the county of the user's domicile, and the court, as defined in this section, shall have exclusive jurisdiction over proceedings brought under this part. See California Probate Code 871
  • Court: means the trial court in which the action is pending, unless otherwise specified. See California Code of Civil Procedure 2016.020
  • 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
  • Criminal justice agency: means the Department of Justice and any district attorney's office, sheriff's department, police department, or city attorney's office of this state. See California Penal Code 14161
  • Currency: means United States currency or coin, the currency or coin of any foreign country, and any legal tender or coin defined as currency by Section 103. See California Penal Code 14161
  • Custodian: means a person that carries, maintains, processes, receives, or stores a digital asset of a user. See California Probate Code 871
  • Customer: means a person having an account with a bank or for whom a bank has agreed to collect items, including a bank that maintains an account at another bank. See California Commercial Code 4104
  • Day: means calendar day, and "week" means calendar week. See California Fish and Game Code 35
  • Decedent: A deceased person.
  • Declarant: is a person who makes a statement. See California Evidence Code 135
  • Defensible space: means the area adjacent to a structure or dwelling where wildfire prevention or protection practices are implemented to provide defense from an approaching wildfire or to minimize the spread of a structure fire to wildlands or surrounding areas. See California Government Code 51177
  • Delivery order: means a record that contains an order to deliver goods directed to a warehouse, carrier, or other person that in the ordinary course of business issues warehouse receipts or bills of lading. See California Commercial Code 7102
  • Department: means the Department of Transportation of this state. See California Streets and Highways Code 20
  • Department: means the Department of Food and Agriculture. See California Food and Agricultural Code 32
  • Department: as used in this article , means the Department of Transportation as to work within its jurisdiction, the Department of Water Resources as to work within its jurisdiction, the Department of Boating and Waterways as to any project under the jurisdiction of that department pursuant to Article 2. See California Government Code 14155
  • Department: means Department of Housing and Community Development. See California Government Code 8878.16
  • department: means State Department of Health Services. See California Health and Safety Code 20
  • Department: means the State Department of Health Services. See California Health and Safety Code 114710
  • 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 Health and Safety Code 114650
  • Department: means the State Department of Public Health. See California Health and Safety Code 114850
  • Department: means the Department of Justice. See California Penal Code 14161
  • Department: means the Department of Transportation. See California Government Code 14002.5
  • Department: means the Department of General Services. See California Public Resources Code 25470
  • department: means the Department of Transportation. See California Public Resources Code 25480
  • Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
  • Designated recipient: means a person chosen by a user using an online tool to administer digital assets of the user. See California Probate Code 871
  • Devise: To gift property by will.
  • Devisee: means any person designated in a will to receive a devise. See California Probate Code 34
  • Digital asset: means an electronic record in which an individual has a right or interest. See California Probate Code 871
  • 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
  • Director: means the Director of Forestry and Fire Protection. See California Government Code 51177
  • director: means the Director of Emergency Services. See California Penal Code 14113
  • Director: means the Director of Transportation. See California Government Code 14002.5
  • directors: means natural persons, designated in the articles or bylaws or elected by the incorporators, and their successors and natural persons designated, elected, or appointed by any other name or title to act as members of the governing body of the corporation. See California Corporations Code 5047
  • dissenting interest: means the interest of a member that satisfies all of the following conditions:

    California Corporations Code 17711.02

  • dissenting member: means the recordholder of a dissenting interest, and includes an assignee of record of that interest. See California Corporations Code 17711.02
  • District: means fish and game district. See California Fish and Game Code 41
  • District: means a tax or assessment district. See California Government Code 58004
  • 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
  • Documentary draft: means a draft to be presented for acceptance or payment if specified documents, certificated securities (Section 8102) or instructions for uncertificated securities (Section 8102), or other certificates, statements, or the like are to be received by the drawee or other payor before acceptance or payment of the draft. See California Commercial Code 4104
  • Donee: The recipient of a gift.
  • Donor: The person who makes a gift.
  • Draft: means a draft as defined in Section 3104 or an item, other than an instrument, that is an order. See California Commercial Code 4104
  • Drawee: means a person ordered in a draft to make payment. See California Commercial Code 4104
  • economic opportunity: means any of the following:

    California Government Code 52200.2

  • 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
  • Electronic: means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. See California Probate Code 871
  • Electronic: means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. See California Code of Civil Procedure 2016.020
  • Electronic communication service: means a custodian that provides to a user the ability to send or receive an electronic communication. See California Probate Code 871
  • Electronic record: means a document or record created, generated, sent, communicated, received, or stored by electronic means. See California Code of Civil Procedure 263.1
  • Electronic transmission by the corporation: means a communication (a) delivered by (1) facsimile telecommunication or electronic mail when directed to the facsimile number or electronic mail address, respectively, for that recipient on record with the corporation, (2) posting on an electronic message board or network which the corporation has designated for those communications, together with a separate notice to the recipient of the posting, which transmission shall be validly delivered upon the later of the posting or delivery of the separate notice thereof, or (3) other means of electronic communication, (b) to a recipient who has provided an unrevoked consent to the use of those means of transmission for communications under or pursuant to this code, and (c) that creates a record that is capable of retention, retrieval, and review, and that may thereafter be rendered into clearly legible tangible form. See California Corporations Code 20
  • Electronically stored information: means information that is stored in an electronic medium. See California Code of Civil Procedure 2016.020
  • eligible bank: means a state or national bank located in this state, selected by the Treasurer for the safekeeping of money belonging to or in the custody of the state, that has received an overall rating of not less than "satisfactory" in its most recent evaluation by the appropriate federal financial supervisory agency of the bank's record of meeting the credit needs of the state's communities, including low- and moderate-income neighborhoods, pursuant to Section 2906 of Title 12 of the United States Code. See California Government Code 16500
  • Eligible savings and loan association: means a state or federal savings association, as defined in Section 5102 of the Financial Code, located in this state, insured by the Federal Savings and Loan Insurance Corporation, and selected by the Treasurer for the safekeeping of money belonging to or in the custody of the state. See California Government Code 16600
  • 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 planning zone: means a zone identified in state and local government emergency plans where immediate decisions for effective public protective action from radiation may be necessary. See California Health and Safety Code 114650
  • Employee organization: means an organization which represents employees of a public employer and that has been recognized or certified by the public employer or the Public Employment Relations Board as the exclusive representative of the employees. See California Government Code 1150
  • Energy conservation measure: means an installation or modification of an installation in a building that is primarily intended to reduce energy consumption or allow the use of a more cost-effective energy source. See California Public Resources Code 25470
  • Environment: means all places outside the control of the person responsible for the radioactive materials. See California Health and Safety Code 114710
  • 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 Evidence Code 140
  • 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
  • Exercise: means an event that tests emergency plans and organizations and that the Federal Emergency Management Agency evaluates pursuant to Part 350 (commencing with Section 350. See California Health and Safety Code 114650
  • expert: means a physician and surgeon, including a psychiatrist, or any person described by subdivision (b), (c), or (e) of Section 1010. See California Evidence Code 240
  • faculty service area: means a service or instructional subject area or group of related services or instructional subject areas performed by faculty and established by a community college district. See California Education Code 87743.1
  • Fault: means wrongful act, omission, breach, or default. See California Commercial Code 10103
  • Fax: is a n abbreviation for "facsimile" and refers, as indicated by the context, to a facsimile transmission or to a document so transmitted. See California Code of Civil Procedure 263.1
  • Fax transmission: includes , but is not limited to, the use of a facsimile machine or the process of integrating an electronic fax software application to automate the sending and receiving of a faxed document as an electronic record, in portable data format, by e-mail or similar electronic means. See California Code of Civil Procedure 263.1
  • Federal Reserve System: The central bank of the United States. The Fed, as it is commonly called, regulates the U.S. monetary and financial system. The Federal Reserve System is composed of a central governmental agency in Washington, D.C. (the Board of Governors) and twelve regional Federal Reserve Banks in major cities throughout the United States. Source: OCC
  • Fiduciary: A trustee, executor, or administrator.
  • 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 Probate Code 39
  • Fiduciary: means an original, additional, or successor personal representative or trustee. See California Probate Code 871
  • Field tracer study: is a ny project, experiment, or study that includes provision for deliberate introduction of radioactive material into the environment for experimental or test purposes. See California Health and Safety Code 114710
  • 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

  • Financial institution: means , when located or doing business in this state, any national bank or banking association, state bank or banking association, commercial bank or trust company organized under the laws of the United States or any state, any private bank, industrial savings bank, savings bank or thrift institution, savings and loan association, or building and loan association organized under the laws of the United States or any state, any insured institution as defined in Section 401 of the National Housing Act, any credit union organized under the laws of the United States or any state, any national banking association or corporation acting under Chapter 6 (commencing with Section 601) of Title 12 of the United States Code, any foreign bank, any currency dealer or exchange, any person or business engaged primarily in the cashing of checks, any person or business who regularly engages in the issuing, selling, or redeeming of traveler's checks, money orders, or similar instruments, any broker or dealer in securities registered or required to be registered with the Securities and Exchange Commission under the Securities Exchange Act of 1934, any licensed sender of money, any investment banker or investment company, any insurance company, any dealer in coins, precious metals, stones, or jewelry, any pawnbroker, any telegraph company, any person or business engaged in controlled gambling within the meaning of subdivision (e) of Section 19805 of the Business and Professions Code, whether registered or licensed to do so or not, and any person or business defined as a "bank" "financial agency" or "financial institution" by Section 5312 of Title 31 of the United States Code or Section 103. See California Penal Code 14161
  • firearm: includes the frame or receiver of the weapon:

    California Penal Code 16520

  • firearm safety certificate: means a certificate issued by the Department of Justice pursuant to Sections 31610 to 31700, inclusive, or pursuant to former Article 8 (commencing with Section 12800) of Chapter 6 of Title 2 of Part 4, as that article was operative at any time from January 1, 2003, until it was repealed by the Deadly Weapons Recodification Act of 2010. See California Penal Code 16535
  • Fishery products: includes fish, crustaceans, mollusks, and marine products for human consumption. See California Corporations Code 13202
  • Flow line: means a pipeline which transports hazardous liquid substances from the well head to a treating facility or production storage facility. See California Government Code 51010.5
  • Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
  • Forgery: The fraudulent signing or alteration of another's name to an instrument such as a deed, mortgage, or check. The intent of the forgery is to deceive or defraud. Source: OCC
  • former testimony: means testimony given under oath in:

    California Evidence Code 1290

  • 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
  • Fuel: means any combustible material, including petroleum-based products and wildland fuels. See California Government Code 51177
  • Fund: means the Housing Rehabilitation Loan Fund established by Section 50661 of the Health and Safety Code. See California Government Code 8878.16
  • Fund: means the Earthquake Safety and Public Buildings Rehabilitation Fund of 1990 created pursuant to Section 8878. See California Government Code 8878.52
  • Fund: means the fund created by that act, and into which the proceeds from the sale of the bonds are paid. See California Government Code 16722
  • Fund: means the Energy Efficient State Property Revolving Fund or the Energy Efficiency Retrofit State Revolving Fund. See California Public Resources Code 25470
  • 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
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • GIS mapping system: means a geographical information system that will collect, store, retrieve, analyze, and display environmental geographical data in a data base that is accessible to the public. See California Government Code 51010.5
  • Good faith: except as otherwise provided in Division 5 (commencing with Section 5101), means honesty in fact and the observance of reasonable commercial standards of fair dealing. See California Commercial Code 1201
  • 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
  • Goods: means all things that are treated as movable for the purposes of a contract for storage or transportation. See California Commercial Code 7102
  • Grant of an open-space easement: means a grant by an instrument whereby the owner relinquishes to the public, either in perpetuity or for a term of years, the right to construct improvements upon the land except as may be expressly reserved in the instrument and which contains a covenant with the city or county, running with the land, either in perpetuity or for a term of years, not to construct or permit the construction of any improvements, except as that right is expressly reserved in the instrument and except for public service facilities installed for the benefit of the land subject to any covenant or public service facilities installed pursuant to an authorization by the governing body of the city or county or the Public Utilities Commission. See California Government Code 51051
  • Guarantor: A party who agrees to be responsible for the payment of another party's debts should that party default. Source: OCC
  • gunsmith: means any person who is licensed as a dealer pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code and the regulations issued pursuant thereto, who is engaged primarily in the business of repairing firearms, or making or fitting special barrels, stocks, or trigger mechanisms to firearms, or the agent or employee of that person. See California Penal Code 16630
  • 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.
  • handgun: means any pistol, revolver, or firearm capable of being concealed upon the person. See California Penal Code 16640
  • handgun safety certificate: means a certificate issued by the Department of Justice pursuant to Sections 31610 to 31700, inclusive, or pursuant to former Article 8 (commencing with Section 12800) of Chapter 6 of Title 2 of Part 4, as that article was operative at any time from January 1, 2003, until it was repealed by the Deadly Weapons Recodification Act of 2010. See California Penal Code 16670
  • hearing: means the hearing at which a question under this code arises, and not some earlier or later hearing. See California Evidence Code 145
  • 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 Probate Code 44
  • highway: includes bridges, culverts, curbs, drains, and all works incidental to highway construction, improvement, and maintenance. See California Streets and Highways Code 23
  • Holder: means :

    California Commercial Code 1201

  • Hydrostatic testing: means the application of internal pressure above the normal or maximum operating pressure to a segment of pipeline, under no-flow conditions for a fixed period of time, utilizing a liquid test medium. See California Government Code 51010.5
  • Impeachment: (1) The process of calling something into question, as in "impeaching the testimony of a witness." (2) The constitutional process whereby the House of Representatives may "impeach" (accuse of misconduct) high officers of the federal government for trial in the Senate.
  • 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.
  • Information: means data, text, images, videos, sounds, codes, computer programs, software, databases, or other items with like characteristics. See California Probate Code 871
  • Ingestion pathway phase: means the period beginning after any release of radioactive material from a nuclear powerplant accident when the plume emergency phase has ceased, and reliable environmental measurements are available for making decisions on additional protective actions to protect the food chain. See California Health and Safety Code 114650
  • Ingestion pathway zone: means the 50-mile radius around each of the state's nuclear powerplants in which protective actions may be required to protect the food chain in the event of an emergency. See California Health and Safety Code 114650
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Insignia: includes badge, motto, button, decoration, charm, emblem, or rosette. See California Corporations Code 21300
  • Insolvency proceeding: includes an assignment for the benefit of creditors or other proceeding intended to liquidate or rehabilitate the estate of the person involved. See California Commercial Code 1201
  • Insolvent: means :

    California Commercial Code 1201

  • Instrument: means a will, a document establishing or modifying a trust, a deed, or any other writing that designates a beneficiary or makes a donative transfer of property. See California Probate Code 45
  • Intangible property: Property that has no intrinsic value, but is merely the evidence of value such as stock certificates, bonds, and promissory notes.
  • Inter vivos: Transfer of property from one living person to another living person.
  • Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. Source: OCC
  • interested person: includes any of the following:

    California Probate Code 48

  • Interjurisdictional Planning Committee: means the planning committee, comprised of representatives of the Counties of Orange and San Diego, the Cities of Dana Point, San Clemente, and San Juan Capistrano, the Camp Pendleton Marine Corps Base, the State Department of Parks and Recreation, and the Southern California Edison Company, established as a mechanism for coordinating integrated preparedness and response in the event of an emergency at the San Onofre Nuclear Generating Station. See California Health and Safety Code 114650
  • 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.
  • ionizing radiation: means gamma rays and X-rays. See California Health and Safety Code 114710
  • Issuer: means a bailee that issues a document of title or, in the case of an unaccepted delivery order, the person that orders the possessor of goods to deliver. See California Commercial Code 7102
  • Item: means an instrument or a promise or order to pay money handled by a bank for collection or payment. See California Commercial Code 4104
  • Joint committee: Committees including membership from both houses of teh legislature. Joint committees are usually established with narrow jurisdictions and normally lack authority to report legislation.
  • Joint meeting: An occasion, often ceremonial, when the House and Senate each adopt a unanimous consent agreement
  • joint powers board: means the governing board of a joint exercise of powers agency established pursuant to Article 5. See California Government Code 14070
  • 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 branch entity: means any superior court, court of appeal, the California Supreme Court, the Judicial Council, the Habeas Corpus Resource Center, or the Administrative Office of the Courts. See California Public Contract Code 19205
  • knowingly: import s only a knowledge that the facts exist which bring the act or omission within the provisions of this code. See California Penal Code 7
  • law: means any federal law relating to internal revenue. See California Government Code 1170
  • Law: includes constitutional, statutory, and decisional law. See California Evidence Code 160
  • Lease: means a transfer of the right to possession and use of goods for a term in return for consideration, but a sale, including a sale on approval or a sale or return, or retention or creation of a security interest is not a lease. See California Commercial Code 10103
  • Lease agreement: means the bargain, with respect to the lease, of the lessor and the lessee in fact as found in their language or by implication from other circumstances including course of dealing or usage of trade or course of performance as provided in this division. See California Commercial Code 10103
  • Lease contract: means the total legal obligation that results from the lease agreement as affected by this division and any other applicable rules of law. See California Commercial Code 10103
  • Leasehold interest: means the interest of the lessor or the lessee under a lease contract. See California Commercial Code 10103
  • Legal tender: coins, dollar bills, or other currency issued by a government as official money. Source: U.S. Mint
  • legislative body: means board of trustees, city council, or other governing body of a city. See California Government Code 34000
  • Legislative body: as used in this division , means board of supervisors in the case of a county or city and county, and city council or board of trustees in the case of a city, unless the context otherwise requires. See California Government Code 50002
  • 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
  • Levying officer: means the sheriff or marshal acting as a ministerial officer pursuant to Section 26608 of the Government Code. See California Code of Civil Procedure 263.1
  • license: shall include a permit or a certificate issued by a state agency. See California Penal Code 23
  • licensed gun show producer: means a person who has been issued a certificate of eligibility by the Department of Justice pursuant to Section 27200. See California Penal Code 16800
  • Licensing board: means any board, as defined in Section 22, the State Bar of California, and the Department of Real Estate. See California Business and Professions Code 30
  • Licentiate of the healing arts: means a person licensed under the provisions of the Medical Practice Act, the provisions of the initiative act entitled "An act prescribing the terms upon which licenses may be issued to practitioners of chiropractic, creating the State Board of Chiropractic Examiners and declaring its powers and duties, prescribing penalties for violation thereof, and repealing all acts and parts of acts inconsistent herewith" approved by electors November 7, 1922, as amended, or the Osteopathic Act. See California Health and Safety Code 114850
  • Lien: means a charge against or interest in goods to secure payment of a debt or performance of an obligation, but the term does not include a security interest. See California Commercial Code 10103
  • Limited permit: means a permit issued pursuant to subdivision (c) of Section 114870 to persons to conduct radiologic technology limited to the performance of certain procedures or the application of X-rays to specific areas of the human body, except for a mammogram. See California Health and Safety Code 114850
  • Local agency: means any city, city and county, or county. See California Government Code 8878.16
  • Local agency: means a city, county, city and county, special district, school district, county board of education, or community college district which levied a property tax during the 1977-78 fiscal year or for which a property tax was levied. See California Government Code 16493
  • Local agency: as used in this division means county, city, or city and county, unless the context otherwise requires. See California Government Code 50001
  • Local agency: means a city, county, city and county, or district responsible for fire protection within a very high fire hazard severity zone. See California Government Code 51177
  • Local government: means any city, county, city and county, or special district. See California Government Code 8878.52
  • Local government: means a city or county that provides emergency response for a nuclear powerplant emergency. See California Health and Safety Code 114650
  • locked container: means a secure container that is fully enclosed and locked by a padlock, keylock, combination lock, or similar locking device. See California Penal Code 16850
  • magistrate: signifies any one of the officers mentioned in Section 808. See California Penal Code 7
  • maintenance: includes any of the following:

    California Streets and Highways Code 27

  • malfunction: means a failure to properly feed, fire, or eject a round, or failure of a pistol to accept or eject the magazine, or failure of a pistol's slide to remain open after the magazine has been expended. See California Penal Code 31905
  • maliciously: import a wish to vex, annoy, or injure another person, or an intent to do a wrongful act, established either by proof or presumption of law. See California Penal Code 7
  • Mammal: means a wild or feral mammal or part of a wild or feral animal, but not a wild, feral, or undomesticated burro. See California Fish and Game Code 54
  • Mammogram: means an X-ray image of the human breast. See California Health and Safety Code 114850
  • Mammography: means the procedure for creating a mammogram. See California Health and Safety Code 114850
  • Markup: The process by which congressional committees and subcommittees debate, amend, and rewrite proposed legislation.
  • Member: includes members of associations without capital stock and holders of common stock in associations organized with shares of stock. See California Corporations Code 13202
  • 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
  • missing person: includes , but is not limited to, any of the following:

    California Penal Code 14215

  • Monetary instrument: means United States currency and coin. See California Penal Code 14161
  • Money: means a medium of exchange currently authorized or adopted by a domestic or foreign government. See California Commercial Code 1201
  • Mortgagee: The person to whom property is mortgaged and who has loaned the money.
  • Motor vehicle fuel: includes gasoline, natural gasoline, blends of gasoline and alcohol, or gasoline and oxygenates, and any inflammable liquid, by whatever name the liquid may be known or sold, which is used or is usable for propelling motor vehicles operated by the explosion type engine. See California Government Code 51010.5
  • municipal improvement: includes bridges, waterworks, water rights, sewers, light and power works or plants, buildings for municipal uses, wharves, breakwaters, jetties, seawalls, schoolhouses, fire apparatus, street work, and other works, property, or structures necessary or convenient to carry out the objects, purposes, and powers of the city. See California Government Code 43601
  • 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
  • National Credit Union Administration: The federal regulatory agency that charters and supervises federal credit unions. (NCUA also administers the National Credit Union Share Insurance Fund, which insures the deposits of federal credit unions.) Source: OCC
  • negligently: import a want of such attention to the nature or probable consequences of the act or omission as a prudent man ordinarily bestows in acting in his own concerns. See California Penal Code 7
  • Net: means any gear made of any kind of twine, thread, string, rope, wire, wood, or other materials used for the gilling, entangling, trapping, or impounding of fish. See California Fish and Game Code 56
  • 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.
  • Oath: includes affirmation. See California Military and Veterans Code 15
  • Oath: A promise to tell the truth.
  • office: means the Office of Emergency Services. See California Government Code 8878.52
  • office: means the Office of Emergency Services. See California Health and Safety Code 114650
  • office: means the Office of Emergency Services. See California Penal Code 14113
  • Online tool: means an electronic service provided by a custodian that allows the user, in an agreement distinct from the terms-of-service agreement between the custodian and user, to provide directions for disclosure or nondisclosure of digital assets to a third person. See California Probate Code 871
  • Open season: means that period of time during which the taking of birds, mammals, fish, reptiles, or amphibians is allowed as prescribed in this code and regulations adopted by the commission. See California Fish and Game Code 62
  • Organization: means a person other than an individual. See California Commercial Code 1201
  • Owner: means any lessee or trustee, if the expiration of the lease or trust occurs at a time later than the expiration of the easement or any extension thereof. See California Government Code 51051
  • Owner: includes joint owner, co-owner, guardian, executor, administrator, or other person holding property in trust under court appointment. See California Government Code 58004
  • peace officer: signify any one of the officers mentioned in Chapter 4. See California Penal Code 7
  • Person: includes a natural person, firm, association, organization, partnership, business trust, corporation, limited liability company, or public entity. See California Evidence Code 175
  • Person: means any person, firm, partnership, association, corporation, organization, limited liability company, or business trust. See California Streets and Highways Code 19
  • Person: includes any person, firm, partnership, association, corporation, company, limited liability company, syndicate, estate, trust, business trust, or organization of any kind. See California Financial Code 18
  • 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 individual, partnership, association, corporation, limited liability company, or any organized group of persons whether incorporated or not. See California Food and Agricultural Code 38
  • Person: includes any person, firm, association, organization, partnership, limited liability company, business trust, corporation, or company. See California Government Code 17
  • 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: means any person, firm, association, organization, partnership, business trust, corporation, limited liability company, or company. See California Health and Safety Code 19
  • Person: includes any association of persons, copartnership or corporation. See California Health and Safety Code 114710
  • Person: means an individual, estate, business or nonprofit entity, public corporation, government or governmental subdivision, agency, or instrumentality, or other legal entity. See California Probate Code 871
  • Person: means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, government, governmental subdivision, agency, or instrumentality, public corporation, or any other legal or commercial entity. See California Commercial Code 1201
  • person: includes a corporation as well as a natural person. See California Penal Code 7
  • Person: includes a corporation as well as a natural person. See California Corporations Code 18
  • personal firearm importer: means an individual who meets all of the following criteria:

    California Penal Code 17000

  • 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
  • Personal representative: means an executor, administrator, special administrator, or person that performs substantially the same function under any other law. See California Probate Code 871
  • 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
  • Pipeline: includes every intrastate pipeline used for the transportation of hazardous liquid substances or highly volatile liquid substances, including a common carrier pipeline, and all piping containing those substances located within a refined products bulk loading facility which is owned by a common carrier and is served by a pipeline of that common carrier, and the common carrier owns and serves by pipeline at least five such facilities in the state. See California Government Code 51010.5
  • Plume emergency phase: means the period beginning at the onset of an emergency at a nuclear powerplant when immediate decisions for public protective actions are needed. See California Health and Safety Code 114650
  • Power of attorney: means a record that grants an agent authority to act in the place of the principal. See California Probate Code 871
  • 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
  • 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
  • Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
  • Pretrial conference: A meeting of the judge and lawyers to discuss which matters should be presented to the jury, to review evidence and witnesses, to set a timetable, and to discuss the settlement of the case.
  • Principal act: means the law providing for the creation of a particular district or type of district. See California Government Code 58004
  • Private law: A private bill enacted into law. Private laws have restricted applicability, often addressing immigration and naturalization issues affecting individuals.
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Process: includes a writ or summons issued in the course of judicial proceedings of either a civil or criminal nature. See California Government Code 22
  • Process: signifies a writ or summons issued in the course of a judicial proceeding. See California Code of Civil Procedure 17
  • Program manager: means the staff manager of the diversion program, as designated by the executive officer of the board. See California Business and Professions Code 3501
  • prohibited area: means any place where it is unlawful to discharge a weapon. See California Penal Code 17030
  • Project: means a program of work to retrofit, reconstruct, repair, replace, or relocate, for local government-owned facilities only, a building, facility, or both, which is owned by any city, county, city and county, or special district and which is included in an application for a grant of funds. See California Government Code 8878.52
  • Project: means the work, improvement, or acquisition, or any combination thereof undertaken by a district. See California Government Code 58004
  • Project: means a purpose for which an allocation may be requested and made under this chapter. See California Public Resources Code 25470
  • 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 both personal and real property. See California Code of Civil Procedure 17
  • property: includes both real and personal property. See California Penal Code 7
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • public agency: has the meaning given that term by Section 53050. See California Government Code 960
  • Public agency: includes counties, cities, municipal corporations, political subdivisions, public districts, and other public agencies of the state. See California Government Code 1150
  • Public defender: Represent defendants who can't afford an attorney in criminal matters.
  • Public drinking water well: means a wellhead that provides drinking water to a public water system as defined in Section 116275 of the Health and Safety Code, that is regulated by the State Department of Health Services and that is subject to Section 116455 of the Health and Safety Code. See California Government Code 51010.5
  • Public employee: means an officer, agent, or employee of a public entity. See California Evidence Code 195
  • Public employer: means the state, the Regents of the University of California, the Trustees of the California State University and the California State University, the Judicial Council, a trial court, a county, city, district, public authority, including transit district, public agency, or any other political subdivision or public corporation of the state, except as provided in paragraph (2). See California Government Code 1150
  • Public 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 Evidence Code 200
  • 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 works contract: means , except for a contract awarded pursuant to the State Contract Act (Part 2 (commencing with Section 10100)), a contract awarded through competitive bids or otherwise by the state, any of its political subdivisions or public agencies for the erection, construction, alteration, repair, or improvement of any kind upon real property. See California Public Contract Code 22200
  • Purchase: means "buy" as defined in Section 24. See California Fish and Game Code 68
  • 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
  • Purchase: includes taking by sale, lease, mortgage, security interest, pledge, gift, or any other voluntary transaction creating an interest in goods. See California Commercial Code 10103
  • qualified trust company: means the trust department of any State or National bank in this State or a trust company authorized to act as such in this State. See California Government Code 16550
  • qualified trust company: means the trust department of any state or national bank in this state or a trust company authorized to act as such in this state. See California Government Code 16625
  • Quorum: The number of legislators that must be present to do business.
  • Radioactive material: means any material or combination of materials that spontaneously emits ionizing radiation. See California Health and Safety Code 114710
  • Radioactive waste: means any radioactive material that is discarded as nonusable. See California Health and Safety Code 114710
  • Radiologic technologist: means any person, other than a licentiate of the healing arts, making application of X-rays to human beings for diagnostic or therapeutic purposes pursuant to subdivision (b) of Section 114870. See California Health and Safety Code 114850
  • Radiologic technology: means the application of X-rays on human beings for diagnostic or therapeutic purposes. See California Health and Safety Code 114850
  • Radiological monitoring: means the measurement of the amounts and kinds of radioactive materials in the environment. See California Health and Safety Code 114710
  • 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 Code of Civil Procedure 263.1
  • Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in a perceivable form. See California Probate Code 871
  • 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
  • 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 7102
  • Recourse: An arrangement in which a bank retains, in form or in substance, any credit risk directly or indirectly associated with an asset it has sold (in accordance with generally accepted accounting principles) that exceeds a pro rata share of the bank's claim on the asset. If a bank has no claim on an asset it has sold, then the retention of any credit risk is recourse. Source: FDIC
  • Recovery phase: means the period when actions designed to reduce radiation levels in the environment to acceptable levels for unrestricted use are commenced, and ending when all recovery actions have been completed. See California Health and Safety Code 114650
  • Regulations: means the rules and regulations as set forth in Division 13. See California Business and Professions Code 3501
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • Remand: When an appellate court sends a case back to a lower court for further proceedings.
  • Remedy: means any remedial right to which an aggrieved party is entitled with or without resort to a tribunal. See California Commercial Code 1201
  • Remote-computing service: means a custodian that provides to a user computer processing services or the storage of digital assets by means of an electronic communications system, as defined in Section 2510(14) of Title 18 of the United States Code. See California Probate Code 871
  • Representative: means a person empowered to act for another, including an agent, an officer of a corporation or association, and a trustee, executor, or administrator of an estate. See California Commercial Code 1201
  • Requisite number of petitioners: means the number of qualified petitioners prescribed by the principal act. See California Government Code 58004
  • Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • Retrofit: means to either strengthen the structure of a building or facility, or to provide the means necessary to reduce the seismic force level experienced by a building or facility during an earthquake, so as to significantly reduce hazards to life and safety while concomitantly providing for the substantially safe egress of occupants during and immediately after such an earthquake. See California Government Code 8878.52
  • 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
  • Rural area: means a location which lies outside the limits of any incorporated or unincorporated city or city and county, or other residential or commercial area, such as a subdivision, a business, a shopping center, or a community development. See California Government Code 51010.5
  • safety: is a utomatically applied by the pistol, this feature shall not be defeated. See California Penal Code 31900
  • San Joaquin Joint Powers Authority: means a joint exercise of powers agency formed under Chapter 5 (commencing with Section 6500) of Division 7 of Title 1 for purposes of assuming administrative responsibility for the San Joaquin Corridor under an interagency transfer agreement pursuant to Article 5 (commencing with Section 14070). See California Government Code 14074
  • seal: includes an impression of such seal upon the paper alone, or upon any substance attached to the paper capable of receiving a visible impression. See California Penal Code 7
  • season: means "open season. See California Fish and Game Code 62
  • Secretary: means the Secretary of Food and Agriculture. See California Food and Agricultural Code 35
  • Secretary: means the Secretary of Transportation. See California Government Code 14070
  • secretary: means the Secretary of the Resources Agency. See California Health and Safety Code 114908
  • Secretary: means the Secretary of Transportation. See California Government Code 14002.5
  • Security interest: includes any interest of a consignor and a buyer of accounts, chattel paper, a payment intangible, or a promissory note in a transaction that is subject to Division 9 (commencing with Section 9101). See California Commercial Code 1201
  • Sell: includes offer or possess for sale, barter, exchange, or trade. See California Fish and Game Code 75
  • 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.
  • Sheriff: includes marshal. See California Code of Civil Procedure 17
  • Signature: includes mark when the signer cannot write, such signer's name being written near the mark by a witness who writes his own name near the signer's name. See California Corporations Code 17
  • Signed: includes using any symbol executed or adopted with present intention to adopt or accept a writing. See California Commercial Code 1201
  • Site: means the location of a nuclear powerplant and its surrounding emergency planning zone. See California Health and Safety Code 114650
  • site: includes one or more sites, and also may include any building or buildings located or to be located on a site. See California Education Code 81330
  • Solar device: means the equipment associated with the collection, transfer, distribution, storage, and control of solar energy. See California Public Resources Code 25600
  • Spouse: includes "registered domestic partner" as required by Section 297. See California Government Code 12.2
  • Spouse: includes domestic partner, as defined in Section 37 of this code, as required by Section 297. See California Probate Code 72
  • Spouse: includes "registered domestic partner" as required by Section 297. See California Business and Professions Code 14.2
  • Spouse: includes "registered domestic partner" as required by Section 297. See California Military and Veterans Code 19
  • spouse: includes "registered domestic partner" as required by Section 297. See California Penal Code 7
  • Spouse: includes "registered domestic partner" as required by Section 297. See California Corporations Code 12.2
  • State: means the State of California, unless applied to the different parts of the United States. See California Evidence Code 220
  • State: means the State of California, unless applied to the different parts of the United States. See California Health and Safety Code 23
  • 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 a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. See California Commercial Code 1201
  • State: includes the District of Columbia and the territories when applied to the different parts of the United States, and the words "United States" may include the district and territories. See California Code of Civil Procedure 17
  • state: when applied to the different parts of the United States, includes the District of Columbia and the territories, and the words "United States" may include the district and territories. See California Penal Code 7
  • state agency: includes every state office, officer, department, division, bureau, board, and commission. See California Government Code 11000
  • state agency: shall include any state board, commission, bureau, or division created pursuant to the provisions of the Business and Professions Code, the Education Code, or the Chiropractic Initiative Act to license and regulate individuals who engage in certain businesses and professions. See California Penal Code 23
  • State agency: means a unit of state government, including any department, agency, board, or commission under the State of California. See California Public Resources Code 25470
  • State Architect: means the Office of the State Architect. See California Government Code 8878.52
  • State building or facility: means any building or structure owned by a state agency, which is identified pursuant to Section 8878. See California Government Code 8878.52
  • State employee: means all persons who receive wages for services through the uniform payroll system established and administered by the Controller under Section 12470. See California Government Code 1150
  • State 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
  • 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 Evidence Code 225
  • Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
  • Subdivision: means a subdivision of the section in which that term occurs unless some other section is expressly mentioned. See California Food and Agricultural Code 49
  • Subdivision: means a subdivision of the section in which the term appears unless some other section is expressly mentioned. See California Corporations Code 10
  • 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
  • subscription: includes mark when the signer or subscriber can not write, such signer's or subscriber's name being written near the mark by a witness who writes his own name near the signer's or subscriber's name. See California Government Code 16
  • Supervising authority: means the board of supervisors of the county in which is situated all or most of the land in a district, or body authorized by law to initiate or hear proceedings for the creation of a district. See California Government Code 58004
  • Supervision: means responsibility for, and control of, quality, radiation safety, and technical aspects of all X-ray examinations and procedures. See California Health and Safety Code 114850
  • Supplier: means a person from whom a lessor buys or leases goods to be leased under a finance lease. See California Commercial Code 10103
  • Surety: includes a guarantor or other secondary obligor. See California Commercial Code 1201
  • 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.
  • Tenancy in common: A type of property ownership in which two or more individuals have an undivided interest in property. At the death of one tenant in common, his (her) fractional percentage of ownership in the property passes to the decedent
  • Tender: means a term of a bond that gives the holder the right to have the bond purchased from the holder at a predetermined price prior to maturity. See California Government Code 16722
  • Term: means a portion of an agreement that relates to a particular matter. See California Commercial Code 1201
  • Terms-of-service agreement: means an agreement that controls the relationship between a user and a custodian. See California Probate Code 871
  • Testify: Answer questions in court.
  • Testify: includes any mode of oral statement made under oath or affirmation. See California Code of Civil Procedure 17
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • third party: means a person that has engaged in a transaction or made an agreement subject to this code. See California Commercial Code 1201
  • Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
  • Town: includes "unincorporated town" and "village. See California Government Code 21
  • Transaction: includes the deposit, withdrawal, transfer, bailment, loan, payment, or exchange of currency, or a monetary instrument, as defined by subdivision (c), by, through, or to, a financial institution, as defined by subdivision (a). See California Penal Code 14161
  • Transmission record: means the electronic record or document printed by the sending fax machine, stating the telephone number of the receiving fax machine, the number of pages sent, the transmission time and date, and an indication of any errors in transmission. See California Code of Civil Procedure 263.1
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Trust: includes the following:

    California Probate Code 82

  • Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. Source: OCC
  • Trustee: means a fiduciary with legal title to property under an agreement or declaration that creates a beneficial interest in another. See California Probate Code 871
  • Unauthorized signature: means a signature made without actual, implied, or apparent authority. See California Commercial Code 1201
  • unavailable as a witness: means that the declarant is any of the following:

    California Evidence Code 240

  • Underlying land use jurisdiction: means any of the following entities, as applicable, that has jurisdiction over the approval of a commercial development project:

    California Government Code 64620

  • User: means a person that has an account with a custodian. See California Probate Code 871
  • Variable Rate: Having a "variable" rate means that the APR changes from time to time based on fluctuations in an external rate, normally the Prime Rate. This external rate is known as the "index." If the index changes, the variable rate normally changes. Also see Fixed Rate.
  • Vegetation: means all plants, including trees, shrubs, grass, and perennial or annual plants. See California Government Code 51177
  • Very high fire hazard severity zone: means an area designated by the director pursuant to Section 51178 that is not a state responsibility area. See California Government Code 51177
  • vessel: means a vessel as defined in subdivision (c) of Section 651 of the Harbors and Navigation Code. See California Penal Code 7
  • Veto: The procedure established under the Constitution by which the President/Governor refuses to approve a bill or joint resolution and thus prevents its enactment into law. A regular veto occurs when the President/Governor returns the legislation to the house in which it originated. The President/Governor usually returns a vetoed bill with a message indicating his reasons for rejecting the measure. In Congress, the veto can be overridden only by a two-thirds vote in both the Senate and the House.
  • war: shall mean : (a) whenever Congress has declared war and peace has not been formally restored. See California Military and Veterans Code 18
  • Warehouse: means a person engaged in the business of storing goods for hire. See California Commercial Code 7102
  • Warehouse receipt: means a receipt issued by a person engaged in the business of storing goods for hire. See California Commercial Code 1201
  • wholesaler: means any person who is licensed as a dealer pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code and the regulations issued pursuant thereto, who sells, transfers, or assigns firearms, or parts of firearms, to persons who are licensed as manufacturers, importers, or gunsmiths pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code, or persons licensed pursuant to Sections 26700 to 26915, inclusive, and includes persons who receive finished parts of firearms and assemble them into completed or partially completed firearms in furtherance of that purpose. See California Penal Code 17340
  • Wildfire: means an unplanned, unwanted wildland fire, including unauthorized human-caused fires, escaped wildland fire use events, escaped prescribed fire projects, and all other wildland fires where the objective is to extinguish the fire. See California Government Code 51177
  • Will: includes a codicil, a testamentary instrument that only appoints an executor, or an instrument that revokes or revises a testamentary instrument. See California Probate Code 871
  • 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 Penal Code 7
  • Will: includes codicil. See California Code of Civil Procedure 17
  • willfully: when applied to the intent with which an act is done or omitted, implies simply a purpose or willingness to commit the act, or make the omission referred to. See California Penal Code 7
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.
  • 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: 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 Evidence Code 250
  • Writing: includes any form of recorded message capable of comprehension by ordinary visual means. See California Financial 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