California Codes > Government Code > Title 2 > Division 3 > Part 2


Chapter 1	Governor
Chapter 1.6	Governor’s Office of Business and Economic Development
Chapter 2	The Lieutenant Governor
Chapter 3	Secretary of State
Chapter 4	Treasurer
Chapter 5	Controller
Chapter 6	Attorney General
Chapter 7	Succession to Constitutional Offices in the Event of War or Enemy-Caused Disaster
Chapter 8	Farmworker Resource Center Grant Program
Chapter 9	Community Services Block Grant Program

Terms Used In California Codes > Government Code > Title 2 > Division 3 > Part 2 - CONSTITUTIONAL OFFICERS

AANHPI: means Asian American, Native Hawaiian, and Pacific Islander. See California Education Code 79510
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.
Accredited Program: means a program for the education of nurse anesthetists that has received approval from the board. See California Business and Professions Code 2826
Acquire: includes acquisition by gift, purchase, lease, eminent domain, or otherwise. See California Government Code 12271
Act: means the Magnuson-Stevens Fishery Conservation and Management Act (16 U. See California Fish and Game Code 7650
Actual benefit: means the amount, if any, realized by the lender upon the disposition of property acquired through foreclosure or its equivalent as a direct result of a removal or remedial action undertaken by another person, not to exceed the amount, if any, by which the disposition proceeds exceed the sum of the balance of all of the following:
California Health and Safety Code 25548.1
Adjourn: A motion to adjourn a legislative chamber or a committee, if passed, ends that day's session.
Adjournment sine die: The end of a legislative session "without day." These adjournments are used to indicate the final adjournment of an annual or the two-year session of legislature.
Administering agency: means the agency designated by the committee pursuant to Section 25262. See California Health and Safety Code 25260
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.
Advisory committee: means the Advisory Committee on Salmon and Steelhead Trout, established pursuant to Resolution Chapter 141 of the Statutes of 1983, except that there shall be two additional members appointed by the Joint Committee on Fisheries and Aquaculture after consultation with the Director of Fish and Game and the Fish and Game Commission. See California Fish and Game Code 7660
Advisory team: means the team convened by the committee pursuant to Section 25263. See California Health and Safety Code 25260
Affordable rental housing: means a rental housing development, as defined in subdivision (d) of Section 50675. See California Health and Safety Code 53572
Affordable rental housing: means a rental housing development, as defined in subdivision (d) of Section 50675. See California Health and Safety Code 53582
Agency: means any city, county, district, commission, the state, or any department, agency, or political subdivision thereof, that has jurisdiction under a state or local law, ordinance, or regulation to supervise, oversee, or approve a site investigation and a remedial action at a hazardous materials release site. See California Health and Safety Code 25260
Agency: means the Labor and Workforce Development Agency. See California Labor Code 18.5
Agency: means a statewide office, nonelective officer, department, division, bureau, board, commission, or agency in the executive branch of the state government, except that it shall not apply to an agency whose primary function is service to the Legislature or judicial branches of state government or to an agency that is administered by an elective officer. See California Government Code 12080
Agency that is administered by an elective officer: includes the State Board of Equalization but not a board or commission on which an elective officer serves in an ex officio capacity. See California Government Code 12080
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
Allegation: something that someone says happened.
Angling: means the taking of, or attempting to take, fish by hook and line with the line held in the hand, or by hook and line with the line attached to a pole or rod which is closely attended or held in the hand in such a manner that the fish voluntarily takes the bait or lure in its mouth. See California Fish and Game Code 15
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.
Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
Application for stay and early evaluation conference: means an application to be filed with the court that meets the requirements of subdivision (c) of Section 55. See California Civil Code 55.52
Appraisal: A determination of property value.
Appropriate committee: means the committee responsible for anesthesia practice that is responsible to the executive committee of the medical staff. See California Business and Professions Code 2826
Archival value: means the ongoing usefulness or significance of a record based on the administrative, legal, fiscal, evidential, or historical information it contains, justifying its permanent preservation. See California Government Code 12271
area median income: means the median family income of a geographic area of the state, as annually estimated by the United States Department of Housing and Urban Development pursuant to Section 8 of the United States Housing Act of 1937. See California Health and Safety Code 50093
Attorney-in-fact: A person who, acting as an agent, is given written authorization by another person to transact business for him (her) out of court.
Authority: means the Community Revitalization and Investment Authority created pursuant to this division. See California Government Code 62000
Bailiff: a court officer who enforces the rules of behavior in courtrooms.
Ballot title and summary: means , for a statewide initiative measure or measure proposed by the Legislature, the summary of the chief purpose and points including the fiscal impact summary of any measure that appears in the state voter information guide. See California Elections Code 303.5
Bank: means a person engaged in the business of banking, and includes a savings bank, savings and loan association, credit union, and trust company. See California Commercial Code 1201
Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
Baseline: Projection of the receipts, outlays, and other budget amounts that would ensue in the future without any change in existing policy. Baseline projections are used to gauge the extent to which proposed legislation, if enacted into law, would alter current spending and revenue levels.
Bearer: means a person in possession of a negotiable instrument, document of title, or certificated security that is payable to bearer or endorsed in blank. See California Commercial Code 1201
Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. ^{Source: OCC}
Bequeath: To gift property by will.
Bequest: Property gifted by will.
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 State Water Resources Control Board. See California Health and Safety Code 25299.100
Board: means the Speech-Language Pathology and Audiology and Hearing Aid Dispensers Board. See California Business and Professions Code 2530.2
board: means the Board of Vocational Nursing and Psychiatric Technicians of the State of California. See California Business and Professions Code 2841
Board: means the Board of Registered Nursing. See California Business and Professions Code 2770.1
Bonds: means bonds, notes, or other evidence of indebtedness issued by a local agency pursuant to Part 2 (commencing with Section 55100) of this division, including bonds issued to refund previously issued bonds or other indebtedness. See California Health and Safety Code 55001
Branch: includes a separately incorporated foreign branch of a bank. See California Commercial Code 1201
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: 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
Bureau: refers to the Bureau of Household Goods and Services, as established in Section 9810. See California Business and Professions Code 19225.5
Bushy Lake: means a body of water in the Bushy Lake area with approximately 11 acres of water surface in the summer and approximately 80 acres in the winter. See California Public Resources Code 5831
Bushy Lake area: means that portion of the California Exposition flood plain bounded by the continuous line enclosing Bushy Lake, which line is 100 feet outside the 25-foot elevation contour line as limited on the north side by the waterside toe of the levee and as limited on the west side by a line 100 feet east of State Highway Route 80 as it exists on January 1, 1977. See California Public Resources Code 5831
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
California Exposition flood plain: means that portion of state-owned California Exposition land in the American River flood plain as it exists on January 1, 1977. See California Public Resources Code 5831
CalWORKs recipient: means a recipient of aid under Chapter 2 (commencing with Section 11200) of Part 3 of Division 9 of . See California Education Code 79200
Case law: The law as laid down in cases that have been decided in the decisions of the courts.
CASp: means any person who has been certified pursuant to §. See California Civil Code 55.52
Casualty broker-agent: means a person licensed pursuant to Section 1625. See California Insurance Code 33.5
Charity: An agency, institution, or organization in existence and operating for the benefit of an indefinite number of persons and conducted for educational, religious, scientific, medical, or other beneficent purposes.
Chief: refers to the chief of the bureau. See California Business and Professions Code 19225.5
Child support obligee: as used in this chapter means either the parent, guardian, or other person to whom child support has been ordered to be paid or the local child support agency designated by the court to receive the payment. See California Family Code 4550
Cigarette: means a cigarette as defined in §. See California Health and Safety Code 14950
Cigarette lighter: includes a device, such as a watch, that may be used to light cigarettes, cigars, and pipes even though it is primarily used for other purposes. See California Health and Safety Code 14941
Circulating title and summary: means the text that is required to be placed on a petition for signatures that is either one of the following:
California Elections Code 303.5
City: includes "city and county. See California Insurance Code 15
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
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
Commissioner: means the Insurance Commissioner of this State. See California Insurance Code 20
Commissioner: means any county agricultural commissioner. See California Food and Agricultural Code 26
Committee: means the Site Designation Committee created by Section 25261. See California Health and Safety Code 25260
Committee: means an intervention evaluation committee created by this article. See California Business and Professions Code 2770.1
Community college: means a college of the California Community College system. See California Education Code 79510
Community of interest: means a continuing financial interest between the grantor and grantee in either the operation of the dealership or the marketing of goods or services. See California Civil Code 81
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
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
Construction or alteration: as used in this article , includes any construction, reconstruction, or alteration of, or addition to, any school building. See California Education Code 81130.5
Construction-related accessibility claim: means any civil claim in a civil action with respect to a place of public accommodation, including, but not limited to, a claim brought under Section 51, 54, 54. See California Civil Code 55.52
Construction-related accessibility standard: means a provision, standard, or regulation under state or federal law requiring compliance with standards for making new construction and existing facilities accessible to persons with disabilities, including, but not limited to, any provision, standard, or regulation set forth in Section 51, 54, 54. See California Civil Code 55.52
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
Container: as used in this chapter , includes a "milk case. See California Food and Agricultural Code 34504
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
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
Corporation: includes a corporation, a company, a limited liability company, an association, and a joint stock association. See California Business and Professions Code 19225.5
Council: means the Pacific Fishery Management Council established pursuant to the act, or its successor agency. See California Fish and Game Code 7650
Counterclaim: A claim that a defendant makes against a plaintiff.
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 Code of Civil Procedure 17
County: includes "city and county. See California Public Resources Code 14
County: includes city and county. See California Family Code 67
County: includes "city and county. See California Streets and Highways Code 14
Court reporter: A person who makes a word-for-word record of what is said in court and produces a transcript of the proceedings upon request.
Credible science: means the best available scientific information that is not overly prescriptive due to the dynamic nature of science, and includes the evaluation principles of relevance, inclusiveness, objectivity, transparency, timeliness, verification, validation, and peer review of information as appropriate. See California Fish and Game Code 33
Creditor: includes a general creditor, a secured creditor, a lien creditor, and any representative of creditors, including an assignee for the benefit of creditors, a trustee in bankruptcy, a receiver in equity, and an executor or administrator of an insolvent debtor's or assignor's estate. See California Commercial Code 1201
Dam: includes all artificial obstructions. See California Fish and Game Code 5900
Damages: includes compensatory damages, exemplary damages, punitive damages, and costs of every kind and nature, including, but not limited to, costs of a removal or remedial action. See California Health and Safety Code 25548.1
Dealer: means a person who is a grantee of a dealership situated in this state. See California Civil Code 81
Dealership: means a contract or agreement, either express or implied, whether oral or written, between two or more persons, by which a person is granted the right to sell or distribute goods or services, or to use a trade name, trademark, service mark, logotype, or advertising or other commercial symbol, in which there is a community of interest in the business of offering, selling, or distributing goods or services at wholesale, or at retail, by lease, agreement, or otherwise. See California Civil Code 81
Decedent: A deceased person.
decision: when used in reference to the department means any final determination of the department imposing a penalty assessment or affecting a license which may be appealed to the board under §. See California Business and Professions Code 23080
Defendant: includes a person in the position of defendant in a counterclaim, cross-claim, or third-party claim. See California Commercial Code 1201
department: means State Department of Health Services. See California Health and Safety Code 20
Department: means Department of Industrial Relations. See California Labor Code 19
Department: means the Employment Development Department. See California Unemployment Insurance Code 4900
Department: means the Department of Transportation of this state. See California Streets and Highways Code 20
Department: means the California Department of Tax and Fee Administration. See California Health and Safety Code 14950
Department: refers to the Department of Consumer Affairs. See California Business and Professions Code 19225.5
Department: means the Department of Housing and Community Development. See California Health and Safety Code 18801
Deposit holder: as used in this chapter means the district attorney, county officer, or trustee designated by the court to receive assets deposited pursuant to this chapter to secure future support payments. See California Family Code 4601
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.
depressed: means the condition of a fishery that exhibits declining fish population abundance levels below those consistent with maximum sustainable yield. See California Fish and Game Code 90.7
Devise: To gift property by will.
Direct service contract: means any contract provided by a state agency pursuant to Chapter 4 (commencing with Section 38030). See California Health and Safety Code 38040
Director: means "State Director of Health Services. See California Health and Safety Code 21
Director: means Director of Industrial Relations. See California Labor Code 20
Director: means the Director of Employment Development. See California Unemployment Insurance Code 4900
Director: refers to the Director of Consumer Affairs. See California Business and Professions Code 19225.5
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
Disaster: means any flood, fire, hurricane, earthquake, storm, tidal wave, or other catastrophe occurring on or after January 1, 1996, for which the Governor of the state has certified the need for assistance and which the President of the United States has determined to be a major disaster pursuant to the Robert T. See California Health and Safety Code 34002
disaster: means a war or enemy-caused calamity, such as an attack by nuclear weapons, which renders unavailable the Lieutenant Governor, or the Attorney General, or the Secretary of State, or the Treasurer, or the Controller. See California Government Code 12700
disaster: means a war or enemy-caused calamity occurring in the State of California, such as an attack by nuclear weapons, as a result of which the incumbent Governor is either killed, missing, or so seriously injured as to be unable to perform the Governor's duties. See California Government Code 12060
dispensing audiologist: is a person who is authorized to sell hearing aids pursuant to their audiology license. See California Business and Professions Code 2530.2
Distributor: means a distributor as defined in §. See California Health and Safety Code 14950
District: means any regional park or open-space district formed pursuant to Article 3 (commencing with Section 5500) of Chapter 3 of Division 5 and any recreation and park district formed pursuant to Chapter 4 (commencing with Section 5780) of Division 5. See California Public Resources Code 5902
district: means the Desert Healthcare District. See California Health and Safety Code 32499
district: means the Imperial Valley Healthcare District. See California Health and Safety Code 32499.5
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
Earthquake hazard mitigation technologies: includes , but is not limited to, seismic isolation, energy dissipation, ductility, damping systems, and other technologies which endeavor to reasonably protect buildings and nonstructural components, building contents, and functional capability from earthquake damage. See California Health and Safety Code 16100
Election: means any election including a primary that is provided for under this code. See California Elections Code 318
Elections official: means any of the following:
California Elections Code 320
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 Commercial Code 1201
Electronic funds transfer: The transfer of money between accounts by consumer electronic systems-such as automated teller machines (ATMs) and electronic payment of bills-rather than by check or cash. (Wire transfers, checks, drafts, and paper instruments do not fall into this category.) ^{Source: OCC}
Electronic transmission by the corporation: means a communication (a) delivered by (1) facsimile telecommunication or electronic mail when directed to the facsimile number or electronic mail address, respectively, for that recipient on record with the corporation, (2) posting on an electronic message board or network which the corporation has designated for those communications, together with a separate notice to the recipient of the posting, which transmission shall be validly delivered upon the later of the posting or delivery of the separate notice thereof, or (3) other means of electronic communication, (b) to a recipient who has provided an unrevoked consent to the use of those means of transmission for communications under or pursuant to this code, and (c) that creates a record that is capable of retention, retrieval, and review, and that may thereafter be rendered into clearly legible tangible form. See California Corporations Code 20
Electronic transmission to the corporation: means a communication (a) delivered by (1) facsimile telecommunication or electronic mail when directed to the facsimile number or electronic mail address, respectively, which the corporation has provided from time to time to shareholders or members and directors for sending communications to the corporation, (2) posting on an electronic message board or network which the corporation has designated for those communications, and which transmission shall be validly delivered upon the posting, or (3) other means of electronic communication, (b) as to which the corporation has placed in effect reasonable measures to verify that the sender is the shareholder or member (in person or by proxy) or director purporting to send the transmission, and (c) that creates a record that is capable of retention, retrieval, and review, and that may thereafter be rendered into clearly legible tangible form. See California Corporations Code 21
Eligible building: means a building existing on the effective date of this section which is identified as hazardous pursuant to Article 4 (commencing with Section 19160) of Chapter 2 of Part 3 of Division 13, with the exception of the following:
California Health and Safety Code 55001
Eligible costs: means all costs, including costs of design, preparation, and inspection incurred in making structural or other modifications to an eligible building, which are required in order to meet reconstruction standards established by a local ordinance pursuant to Sections 19162, 19163, and 19163. See California Health and Safety Code 55001
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}
energy management systems: means solar, energy, or solar and energy management systems. See California Education Code 81660
Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
Evidence of an interest: includes , but is not limited to, all of the following:
California Health and Safety Code 25548.1
executed: when used with respect to the documents filed pursuant to this code or pursuant to regulations adopted under this code, and presented to the Secretary of State, include a document bearing a signature under subdivision (a). See California Corporations Code 17.1
Executor: A male person named in a will to carry out the decedent
Extradition: The formal process of delivering an accused or convicted person from authorities in one state to authorities in another state.
Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
Family support: means an agreement between the parents, or an order or judgment, that combines child support and spousal support without designating the amount to be paid for child support and the amount to be paid for spousal support. See California Family Code 92
Fault: means a default, breach, or wrongful act or omission. See California Commercial Code 1201
Fault: means wrongful act, omission, breach, or default. See California Commercial Code 10103
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 a person who is acting in any of the following capacities:
California Health and Safety Code 25548.1
Finance lease: means a transaction with respect to which both of the following apply:
California Health and Safety Code 25548.1
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 and compliance audit: means a systematic review or appraisal to determine each of the following:
California Health and Safety Code 38040
Financing: means a loan made by the local agency pursuant to this division to the owner of an eligible building for eligible costs and which is secured by a deed of trust or mortgage upon the real property improved thereby. See California Health and Safety Code 55001
Fixed Rate: Having a "fixed" rate means that the APR doesn't change based on fluctuations of some external rate (such as the "Prime Rate"). In other words, a fixed rate is a rate that is not a variable rate. A fixed APR can change over time, in several circumstances:
- You are late making a payment or commit some other default, triggering an increase to a penalty rate
- The bank changes the terms of your account and you do not reject the change.
- The rate expires (if the rate was fixed for only a certain period of time).
Forbearance: A means of handling a delinquent loan. A
Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. ^{Source: OCC}
Foreclosure or its equivalent: means the acquisition of property by a lender through any of the following:
California Health and Safety Code 25548.1
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}
frog: means all species of frog. See California Fish and Game Code 6850
frog-jumping contest: means a contest generally and popularly known as a frog-jumping contest which is open to the public and is advertised or announced in a newspaper. See California Fish and Game Code 6880
Fund: means the California Wildlife, Coastal, and Park Land Conservation Fund of 1988 created pursuant to Section 5906. See California Public Resources Code 5902
Fund: means the Household Goods and Services Fund established pursuant to Section 9870. See California Business and Professions Code 19225.5
Fungible goods: means :
California Commercial Code 1201
garbage: means any waste which consists in whole or in part of any animal waste that results from the handling, preparing, cooking, and consuming of food, including the offal from any animal carcass or from any part of an animal carcass. See California Food and Agricultural Code 10901
Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
General election: means either of the following:
California Elections Code 324
Generally accepted auditing standards: means the auditing standards set forth in the financial and compliance element of the "Standards for Audit of Governmental Organizations, Programs, Activities, and Functions" issued by the Comptroller General of the United States and incorporating the audit standards of the American Institute of Certified Public Accountants. See California Health and Safety Code 38040
Genuine: means free of forgery or counterfeiting. See California Commercial Code 1201
good faith improver: means :
California Code of Civil Procedure 871.1
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 goods used or bought for use primarily for personal, family or household purposes. See California Commercial Code 2800
Graduate: means a nurse anesthetist who is a graduate of an accredited program of nurse anesthesia awaiting initial certification results for not more than one year from the date of graduation. See California Business and Professions Code 2826
Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
Grant: means a sale, lease, or transfer of any kind. See California Civil Code 81
Grant applicant: means a small business that applies to the board for a grant pursuant to this chapter. See California Health and Safety Code 25299.100
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.
Guide boat: means a boat or vessel under 25 feet in length, which is used by a guide, who is licensed under Chapter 5 (commencing with Section 2535) of Division 3, in inland waters for any of the following purposes:
California Fish and Game Code 46
Habeas corpus: A writ that is usually used to bring a prisoner before the court to determine the legality of his imprisonment. It may also be used to bring a person in custody before the court to give testimony, or to be prosecuted.
Hazardous material: includes , but is not limited to, all of the following:
California Health and Safety Code 25260
Hazardous material: means any of the following materials:
California Health and Safety Code 25411
Hearing aid dispenser: as used in this article , means a person engaged in the practice of fitting or selling hearing aids to an individual with impaired hearing. See California Business and Professions Code 2538.14
Historical resource: includes , but is not limited to, any building, structure, site areas, or place which is historically or archeologically significant, or is significant in the architectural, engineering, scientific, economic, agricultural, educational, social, political, military, or cultural annals of California. See California Public Resources Code 5902
Holder: means :
California Commercial Code 1201
Household mover: includes every corporation or person, their lessees, trustee, receivers, or trustees appointed by any court whatsoever, engaged in the permitted or unpermitted transportation for compensation or hire as a business by means of a motor vehicle or motor vehicles being used in the transportation of used household goods and personal effects over any public highway in this state. See California Business and Professions Code 19225.5
Hybrid lease: means a single transaction involving a lease of goods and any of the following:
California Commercial Code 10103
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}
Independent auditors: means public accountants who have no direct or indirect relationship with the functions or activities being audited or with the business conducted by any of the officials or contractors being audited. See California Health and Safety Code 38040
Indicia of ownership: means evidence of a security interest, evidence of an interest in a security interest, or evidence of an interest in real or personal property securing a loan or other obligation, including, but not limited to, any legal or equitable title to real or personal property acquired incident to foreclosure or its equivalent. See California Health and Safety Code 25548.1
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
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
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.
Intestate: Dying without leaving a will.
item: includes , but is not limited to, any paper, document, book, map, artifact, or other type of record. See California Government Code 12220
Juror: A person who is on the jury.
Kelp: means kelp or other marine aquatic plants and the seeds thereof. See California Fish and Game Code 51
Labor Commissioner: means Chief of the Division of Labor Standards Enforcement. See California Labor Code 21
landholder: means any person who owns, leases, or has a possessory interest in land. See California Fish and Game Code 3402
Lawsuit: A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty, resulting in harm to the plaintiff.
Lease: 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
lease or agreement: shall include a lease purchase agreement. See California Education Code 81331
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.
Legal tender: coins, dollar bills, or other currency issued by a government as official money. ^{Source: U.S. Mint}
legislative body: means the city council or board of trustees in the case of a city, the board of supervisors in the case of a county or a city and county, or the board of directors, trustees, or governors or other governing body in the case of a special district or any other municipal or public corporation or district. See California Government Code 54706
legislative body: means board of trustees, city council, or other governing body of a city. See California Government Code 34000
Lender: includes either of the following persons:
California Health and Safety Code 25548.1
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: includes certificate, registration, or any other authorization to engage in practice regulated by this chapter. See California Business and Professions Code 2750
licensee: means an insurer, agent, broker, or any other person who is required to be licensed by the department. See California Insurance Code 38.6
Licensing board: means any board, as defined in Section 22, the State Bar of California, and the Department of Real Estate. See California Business and Professions Code 30
Lien: 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
Little cigar: means any roll of tobacco wrapped in a leaf of tobacco or any substance containing tobacco and weighing not more than three pounds per thousand. See California Health and Safety Code 14950
Loan applicant: means a small business that applies to the board for a loan pursuant to this chapter. See California Health and Safety Code 25299.100
Loan or obligation: means a loan, revolving or nonrevolving line of credit, finance lease, sale-leaseback that provides for a purchase option in favor of the lessee, installment sale contract, sale on account, or other credit sale, letter of credit, forbearance or guaranty, collateral pledge, or other suretyship obligation, and any extension, renewal, or modification thereof. See California Health and Safety Code 25548.1
Local agency: means a city, county, or city and county. See California Health and Safety Code 55001
local agency: means any city, county, city and county, special district, or any other municipal corporation or district. See California Government Code 54705
local agency: means municipal corporation or sanitary district. See California Government Code 55000
Local public employees: includes employees of a city, county, city and county, charter city, charter county, charter city and county, special district, or any combination thereof. See California Health and Safety Code 53572
Local public employees: includes employees of a city, county, city and county, charter city, charter county, charter city and county, special district, or any combination thereof. See California Health and Safety Code 53582
Local public entity: means any county, city, city and county, the duly constituted governing body of an Indian reservation or rancheria, redevelopment agency organized pursuant to Part 1 (commencing with Section 33000) of this division, or housing authority organized pursuant to Part 2 (commencing with Section 34200) of this division, which is authorized to engage in or assist in the development or operation of housing for persons and families of low or moderate income. See California Health and Safety Code 36002
Manufacturer: means any of the following:
California Health and Safety Code 14950
Measure: means any constitutional amendment or other proposition submitted to a popular vote at any election. See California Elections Code 329
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
Meets applicable standards: means the site was inspected by a CASp and determined to meet all applicable construction-related accessibility standards pursuant to paragraph (1) of subdivision (a) of Section 55. See California Civil Code 55.52
Milk case: means a rigid, reusable container for packing and transporting or delivering cartons, bottles, jugs, or any other form of packaged milk or milk products. See California Food and Agricultural Code 34504
Mobilehome Residency Law: means the Mobilehome Residency Law (Chapter 2. See California Health and Safety Code 18801
Money: means a medium of exchange that is 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 Code of Civil Procedure 17
Mortgagee: The person to whom property is mortgaged and who has loaned the money.
Mortgagor: The person who pledges property to a creditor as collateral for a loan and who receives the money.
Motor vehicle: means every motor truck, tractor, or other self-propelled vehicle used for transportation of property over the public highways, other than upon fixed rails or tracks, and any trailer, semitrailer, dolly, or other vehicle drawn thereby. See California Business and Professions Code 19225.5
Native amphibians: as used in this article means salamanders, toads, or any other member of the class amphibia native to California. See California Fish and Game Code 6895
natural resource: includes land, water, air, minerals, vegetation, wildlife, silence, historic or aesthetic sites, or any other natural resource which, irrespective of ownership contributes, or in the future may contribute, to the health, safety, welfare, or enjoyment of a substantial number of persons, or to the substantial balance of an ecological community. See California Government Code 12605
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
Nonprofit organization: means an organization described in Section 501(c)(3) of the Internal Revenue Code of 1986 that is exempt from taxation under Section 501(a) of that code or any nonprofit, scientific or educational organization qualified under Section 23701d of the Revenue and Taxation Code. See California Health and Safety Code 38040
Nonresident: means a person who is not a resident as defined in Section 70. See California Fish and Game Code 57
Nurse anesthetist: means a person who is a registered nurse licensed by the board who has met standards for certification from the board. See California Business and Professions Code 2826
Oath: A promise to tell the truth.
Oath: includes affirmation. See California Government Code 15
offsite building: is a building that is situated on land that is neither owned by a community college district nor leased by a community college district under a lease containing an option to purchase the land. See California Education Code 81130.5
onsale general license: includes a special onsale general license. See California Business and Professions Code 23825
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
Operate: means the ability to cause a cigarette lighter to ignite. See California Health and Safety Code 14941
Operator: as used in this article , means any person, partnership, organization or corporation that controls, manages, conducts or otherwise administers a swap meet. See California Business and Professions Code 21661
Oral argument: An opportunity for lawyers to summarize their position before the court and also to answer the judges' questions.
order: include a decree, as appropriate under the circumstances. See California Family Code 100
Organization: means a person other than an individual. See California Commercial Code 1201
Oversight: Committee review of the activities of a Federal agency or program.
Owner: 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
Package: includes cartons, wrappers, or other containers which are used for the sale of butter to the retail trade. See California Food and Agricultural Code 37101
Package: means package as defined in §. See California Health and Safety Code 14950
Packer: means any person canning fish or preserving fish by the common methods of drying, salting, pickling, smoking, cold packing, or vacuum packing. See California Fish and Game Code 7700
Park: means a tract of land with outstanding scenic, natural, open-space, or recreational values, set apart to conserve natural, scenic, cultural, or ecological resources for present and future generations, and to be used by the public as a place for rest, recreation, education, exercise, inspiration, or enjoyment. See California Public Resources Code 5902
Peer review: is a review conducted by a multidisciplinary group of experienced technical professionals, including, but not limited to, architects and structural and geotechnical engineers who have recognized expertise in the design and performance of earthquake hazard mitigation technologies, who are independent of the subject of the review, and who are peers with the same professional registration as that of the design professionals responsible for the subject of the review. See California Health and Safety Code 16100
permit: means a permit that is issued pursuant to Section 33222. See California Food and Agricultural Code 33221
person: includes an unincorporated association. See California Code of Civil Procedure 871.2
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, or any other legal or commercial entity. See California Commercial Code 1201
Person: includes , but is not limited to, any city, county, district, the state, or the federal government, or any department, subdivision, or agency thereof. See California Health and Safety Code 25548.1
Person: means any person, association, organization, partnership, business trust, limited liability company, or corporation. See California Labor Code 18
Person: includes a corporation as well as a natural person. See California Code of Civil Procedure 17
Person: means any individual, partnership, corporation, limited liability company, or other organization or combination thereof, except that only individuals can be licensed under this chapter. See California Business and Professions Code 2530.2
Person: includes a natural person, firm, association, organization, partnership, business trust, corporation, limited liability company, or public entity. See California Family Code 105
Person: means a natural person, partnership, joint venture, corporation, limited liability company, or other entity. See California Civil Code 81
Person: means any person, firm, partnership, association, corporation, organization, limited liability company, or business trust. See California Streets and Highways Code 19
Person: includes an individual, a firm, or a partnership. See California Business and Professions Code 19225.5
person: includes any person, firm, association, organization, partnership, business trust, corporation, limited liability company, company, district, county, city and county, city, town, the state, and any of the agencies and political subdivisions of such entities. See California Government Code 12604
Personal property: includes money, goods, chattels, things in action, and evidences of debt. See California Code of Civil Procedure 17
Persons and families of low or moderate income: includes very low income households, as defined in Section 50105, extremely low income households, as defined in Section 50106, and lower income households as defined in Section 50079. See California Health and Safety Code 50093
Persons of low income: means persons and families who lack the amount of income which is necessary (as determined by the local public entity) to enable them, without financial assistance, to live in decent, safe and sanitary dwellings without overcrowding. See California Health and Safety Code 36002
persons of low income: as used in this part have the same meaning as in Article XXXIV. See California Health and Safety Code 37000
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.
Plan: means a community revitalization and investment plan and shall be deemed to be the plan described in §. See California Government Code 62000
Plan area: means territory included within a community revitalization and investment area. See California Government Code 62000
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.
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
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}
Practice of fitting or selling hearing aids: as used in this article , means those practices used for the purpose of selection and adaptation of hearing aids, including direct observation of the ear, testing of hearing in connection with the fitting and selling of hearing aids, taking of ear mold impressions, fitting or sale of hearing aids, and any necessary postfitting counseling. See California Business and Professions Code 2538.11
Predominantly urbanized: means that not less than 80 percent of the land in the project area meets the requirements of paragraphs (1) and (3) of subdivision (b) of Section 33320. See California Health and Safety Code 34002
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
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.
Primarily to protect a security interest: means that the indicia of ownership of a lender are held primarily for the purpose of securing payment or performance of an obligation. See California Health and Safety Code 25548.1
Probable cause: A reasonable ground for belief that the offender violated a specific law.
Probate: Proving a will
Probation officers: Screen applicants for pretrial release and monitor convicted offenders released under court supervision.
Proceeding: includes an action. See California Family Code 110
Process: includes a writ or summons issued in the course of judicial proceedings of either a civil or criminal nature. See California Government Code 22
Process: signifies a writ or summons issued in the course of a judicial proceeding. See California Code of Civil Procedure 17
Program: means the AANHPI Student Achievement Program established pursuant to this article. See California Education Code 79510
program: means a NextUp program as may be established under subdivision (a). See California Education Code 79220
Program: means a program for an agricultural employee to be granted parole. See California Government Code 12092
Program: means the Mobilehome Residency Law Protection Program established pursuant to this part. See California Health and Safety Code 18801
Program manager: means the staff manager of the intervention program, as designated by the executive officer of the board. See California Business and Professions Code 2770.1
Project area: is a n area that meets both of the following requirements:
California Health and Safety Code 34002
Project tanks: means tanks that would be upgraded, replaced, or removed with loan or grant funds. See California Health and Safety Code 25299.100
property: includes any real or personal property in which the obligor has or had an ownership, leasehold, or possessory interest, whether or not it was the subject of a security interest for the loan or obligation. See California Health and Safety Code 25548.1
property: includes property real and personal. See California Civil Code 14
Property: includes both personal and real property. See California Code of Civil Procedure 17
Property: includes real and personal property and any interest therein. See California Family Code 113
Property broker-agent: means a person licensed pursuant to Section 1625. See California Insurance Code 33.5
Public accountants: means certified public accountants, or state licensed public accountants. See California Health and Safety Code 38040
Public agency: means any state agency, any county, city and county, city, regional agency, public district, redevelopment agency, or any other political subdivision. See California Health and Safety Code 16100
Public record plant: means the plant, or any part thereof, or a record therein, of a person engaged in the business of searching or publishing public records or insuring or guaranteeing titles to real property, including copies of public records or abstracts and memoranda taken from public records that are owned by or in possession of that person or that are used by that person in that person's business. See California Government Code 12271
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
Purchaser: means a person that takes by purchase. See California Commercial Code 1201
Qualified defendant: means a defendant in an action that includes a construction-related accessibility claim that is asserted against a place of public accommodation that met the requirements of "meets applicable standards" or "inspected by a CASp" prior to the date the defendant was served with the summons and complaint in that action. See California Civil Code 55.52
Quality control and quality assurance program: means the laboratory procedures implemented to ensure that operator bias, systematic and nonsystematic methodological errors, and equipment-related problems do not affect the results of the testing. See California Health and Safety Code 14950
Recess: A temporary interruption of the legislative business.
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
Redevelopment agency: means any agency provided for and authorized to function pursuant to the Community Redevelopment Law or this part. See California Health and Safety Code 34002
Reduction plant: means any plant used in the reduction or conversion of fish into fish flour, fishmeal, fish scrap, fertilizer, fish oil, or other fishery products or byproducts. See California Fish and Game Code 7700
Release: means any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping, or disposing into the environment. See California Health and Safety Code 25411
Remand: When an appellate court sends a case back to a lower court for further proceedings.
Remedial action: includes , but is not limited to, the cleanup or removal of released hazardous materials from the environment, monitoring, testing and analysis of the site, site operation and maintenance, and the placing of conditions, limitations, or restrictions on the uses of the site after remedial action has been completed. See California Health and Safety Code 25260
Remedy: means any remedial right to which an aggrieved party is entitled with or without resort to a tribunal. See California Commercial Code 1201
Removal: means the cleanup or removal of released hazardous materials from the environment or the taking of other actions that may be necessary to prevent, minimize, or mitigate damages that may otherwise result from a release or threatened release, as further defined in Section 101(23) of the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (42 U. See California Health and Safety Code 25548.1
Reorganization: means :
California Government Code 12080
Repeatability: means the range of values within which the repeat results of cigarette test trials from a single laboratory will fall 95 percent of the time. See California Health and Safety Code 14950
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
Resident: means residing in this State, "nonresident" means not residing in this State. See California Insurance Code 30
Resident: means any person who has resided continuously in the State of California for six months or more immediately prior to the date of application for a license or permit, any person on active military duty with the Armed Forces of the United States or auxiliary branch thereof, or any person enrolled in the Job Corps established pursuant to former Section 2883 of Title 29 of the United States Code. See California Fish and Game Code 70
Residential hotel: means any building containing six or more guestrooms intended or designed to be used, or which are used, rented, or hired out, to be occupied, or which are occupied, for sleeping purposes by guests, which is also the primary residence of those guests, but does not mean any hotel which is primarily used by transient guests who do not occupy the hotel as their primary residence. See California Health and Safety Code 55001
Resolution: means a resolution of either house of the Legislature resolving as follows:
California Government Code 12080
Respondent: includes defendant, where appropriate. See California Family Code 127
Responsible party: means any person, except for an independent contractor, who agrees to carry out a site investigation and remedial action at a hazardous materials release site for one of the following reasons:
California Health and Safety Code 25260
Retailer: means a person who engages in the sale of cigarettes, but not for the purpose of resale. See California Health and Safety Code 14950
Revitalization project: means a physical improvement to real property funded by the authority. See California Government Code 62000
Right: includes remedy. See California Commercial Code 1201
Right of rescission: Right to cancel, within three business days, a contract that uses the home of a person as collateral, except in the case of a first mortgage loan. There is no fee to the borrower, who receives a full refund of all fees paid. The right of rescission is guaranteed by the Truth in Lending Act (TILA). ^{Source: OCC}
School building: as used in this article , means any building used, or designed to be used, for community college purposes and constructed by the state, by any city, county, or city and county, by any district of any kind within the state, by any regional occupational center or program created by or authorized to act by an agreement under joint exercise of power, or by the United States government, or any agency thereof. See California Education Code 81050
School building: as used in this article , means and includes any building used, or designed to be used, for community college purposes and constructed, reconstructed, altered, or added to, by the state or by any city or city and county, by any political subdivision, by any district of any kind within the state, by any regional occupational center or program created by or authorized to act by an agreement under joint exercise of power, or by the United States government, or any agency thereof. See California Education Code 81130.5
Secretary: means the federal Secretary of Commerce. See California Fish and Game Code 7650
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
Security interest: means an interest in a property created or established for the purpose of securing a loan or obligation. See California Health and Safety Code 25548.1
Self-insured governmental plan: means a self-insured plan established or maintained for its employees by a public entity, as defined in §. See California Insurance Code 12671
sell: means any transfer, exchange, or barter, in any manner or by any means whatever, or any agreement for these purposes. See California Health and Safety Code 14950
Sequester: To separate. Sometimes juries are sequestered from outside influences during their deliberations.
service: includes the cost of maintaining any facility used to provide any service. See California Government Code 54708
Service of process: The service of writs or summonses to the appropriate party.
Sign: means , with present intent to authenticate or adopt a record:
California Commercial Code 1201
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
site: means any area, location, or facility where a hazardous material has been released or threatens to be released into the environment. See California Health and Safety Code 25260
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
Site: means a place of public accommodation. See California Civil Code 55.52
Site investigation: means those actions that are necessary to determine the full extent of a release or threatened release of a hazardous material at a hazardous materials release site, identify the public health and safety or environmental threat posed by the release or threatened release, collect data on possible remedies, and otherwise evaluate the hazardous materials release site for the purpose of implementing remedial action. See California Health and Safety Code 25260
Special design: means a design of a cigarette lighter that results in the cigarette lighter being significantly difficult for children under five years of age to operate. See California Health and Safety Code 14941
speech-language pathologist: is a person who practices speech-language pathology. See California Business and Professions Code 2530.2
Speech-language pathology assistant: means a person who meets the academic and supervised training requirements set forth by the board and who is approved by the board to assist in the provision of speech-language pathology under the direction and supervision of a speech-language pathologist who shall be responsible for the extent, kind, and quality of the services provided by the speech-language pathology assistant. See California Business and Professions Code 2530.2
Spousal support: means support of the spouse of the obligor. See California Family Code 142
Spouse: includes "registered domestic partner" as required by §. See California Insurance Code 12.2
Spouse: includes "registered domestic partner" as required by §. See California Business and Professions Code 14.2
spouse: includes a registered domestic partner, as required by §. See California Civil Code 14
Spouse: includes "registered domestic partner" as required by §. See California Corporations Code 12.2
Spouse: includes "registered domestic partner" as required by Section 297. See California Family Code 143
Stamp and meter impression: means stamp and meter impression as defined in §. See California Health and Safety Code 14950
State: means the State of California, unless applied to the different parts of the United States. See California Health and Safety Code 23
State: means 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: 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: 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 agency: includes every state office, officer, department, division, bureau, board, and commission. See California Government Code 11000
state park lands: means any lands subject to the control of the Department of Parks and Recreation. See California Food and Agricultural Code 11301
Statewide election: is a n election held throughout the state. See California Elections Code 357
Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
stock: means a species, subspecies, geographical grouping, or other category of fish capable of management as a unit. See California Fish and Game Code 98.5
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.
Summons: Another word for subpoena used by the criminal justice system.
Supplier: means a person from whom a lessor buys or leases goods to be leased under a finance lease. See California Commercial Code 10103
Supply contract: means a contract under which a lessor buys or leases goods to be leased. See California Commercial Code 10103
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 order: means a judgment or order of support in favor of an obligee, whether temporary or final, or subject to modification, termination, or remission, regardless of the kind of action or proceeding in which it is entered. See California Family Code 155
swap meet: as used in this article , includes a flea market or an open-air market and means an event, regardless of the number of persons offering or displaying personal property or the absence of fees, at which used personal property is offered or displayed for sale or exchange if the event is held more than six times in any 12-month period. See California Business and Professions Code 21661
taker-up: means any person that takes up an estray animal pursuant to Section 17041. See California Food and Agricultural Code 17001
Tank: means an underground storage tank, as defined in Section 25281, used for the purpose of storing petroleum, as defined in Section 25299. See California Health and Safety Code 25299.100
Term: means a portion of an agreement that relates to a particular matter. See California Commercial Code 1201
Testify: Answer questions in court.
Testimony: Evidence presented orally by witnesses during trials or before grand juries.
third party: means a person that has engaged in a transaction or made an agreement subject to this code. See California Commercial Code 1201
Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
Town: includes "unincorporated town" and "village. See California Government Code 21
Trade secrets: as used in this chapter , includes, but is not limited to, any formula, plan, pattern, process, tool, mechanism, compound, procedure, production data, or compilation of information which is not patented, which is known only to certain individuals within a commercial concern who are using it to fabricate, produce, or compound an article of trade or a service having commercial value, and which gives its user an opportunity to obtain a business advantage over competitors who do not know or use it. See California Health and Safety Code 25290
Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. ^{Source: OCC}
Trustor: The person who makes or creates a trust. Also known as the grantor or settlor.
Unauthorized signature: means a signature made without actual, implied, or apparent authority. See California Commercial Code 1201
Unavailable: means that any such officer is either killed, missing, or so seriously injured as to be unable to perform that officer's duties. See California Government Code 12700
Uniform Commercial Code: A set of statutes enacted by the various states to provide consistency among the states' commercial laws. It includes negotiable instruments, sales, stock transfers, trust and warehouse receipts, and bills of lading. ^{Source: OCC}
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.
User fees: Fees charged to users of goods or services provided by the government. In levying or authorizing these fees, the legislature determines whether the revenue should go into the treasury or should be available to the agency providing the goods or services.
vehicle air-conditioner: means mechanical vapor compression refrigeration equipment used to cool the driver's or passenger compartment of any motor vehicle. See California Health and Safety Code 44471
Vendor: as used in this article , means any person, partnership, organization or corporation who exchanges, sells, or offers for sale or exchange any merchandise at a swap meet. See California Business and Professions Code 21661
veteran: means any person who has served in the United States Army, Navy, Air Force, Marine Corps, Coast Guard, Space Force, or as an active nurse in the service of the American Red Cross, or in the Army and Navy Nurse Corps in time of war, or in any expedition of the Armed Forces of the United States, or who served in one of these services during the period September 16, 1940, to December 7, 1941, and received a discharge under conditions other than dishonorable. See California Business and Professions Code 23450
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.
Violation: includes a failure to comply with any requirement of the code. See California Labor Code 22
visually impaired: includes blindness and means having central visual acuity not to exceed 20/200 in the better eye, with corrected lenses, as measured by the Snellen test, or visual acuity greater than 20/200, but with a limitation in the field of vision such that the widest diameter of the visual field subtends an angle not greater than 20 degrees. See California Civil Code 54.6
Warehouse receipt: means a receipt issued by a person engaged in the business of storing goods for hire. See California Commercial Code 1201
Wetlands: means lands which may be covered periodically or permanently with shallow water and which include saltwater marshes, freshwater marshes, open or closed brackish water marshes, swamps, mudflats, fens, and vernal pools. See California Public Resources Code 5902
Wholesaler: means a wholesaler as defined in §. See California Health and Safety Code 14950
wild pigs: has the meaning set forth in Section 4650. See California Fish and Game Code 4180.2
will: includes codicil. See California Civil Code 14
Will: includes codicil. See California Code of Civil Procedure 17
Work out: means those actions by which a lender, at any time prior to foreclosure or its equivalent, seeks to prevent, cure, or mitigate a default by the borrower, or to preserve or prevent the diminution of the value of the property, security interest, or loan or obligation. See California Health and Safety Code 25548.1
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
Writ of certiorari: An order issued by the Supreme Court directing the lower court to transmit records for a case for which it will hear on appeal.
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

LawServer

California Codes > Government Code > Title 2 > Division 3 > Part 2 – CONSTITUTIONAL OFFICERS

Terms Used In California Codes > Government Code > Title 2 > Division 3 > Part 2 - CONSTITUTIONAL OFFICERS

The Hassell Law Group, P.C.

Nehora Law Firm

Mission Personal Injury Lawyers