Chapter 1 Organization
Chapter 2 General Powers
Chapter 2.5 County Service Areas
Chapter 3 Financial Powers
Chapter 4 Officers and Employees
Chapter 4.5 Provision of County Services
Chapter 5 County Property
Chapter 6 Parks and Recreation
Chapter 7 Public Resources
Chapter 8 Health and Safety
Chapter 9 Agriculture and Fairs
Chapter 10 Transportation and Airports
Chapter 11 Advertising
Chapter 12 Libraries and Education
Chapter 13 Miscellaneous Powers
Chapter 13.6 San Joaquin County Regional Justice Facility Financing Act
Chapter 13.7 Orange County Regional Justice Facilities Act
Chapter 13.8 County Regional Justice Facilities Financing Act
Chapter 14 Revenue Bonds for County Improvements
Chapter 15 Revenue Bonds for County Incinerators
Chapter 16 Heritage and Historical Commissions

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

  • Abandoned excavation: means any abandoned mining shaft, pit, well, septic tank, cesspool, or other abandoned excavation dangerous to persons legally on the premises where the abandoned excavation is located or to minors under the age of 12 years. See California Government Code 50230
  • Access area: means any paved walkway or sidewalk which is within 50 feet of an automated teller machine. See California Financial Code 13020
  • Act: means this chapter. See California Business and Professions Code 6501
  • Actuarial interest rate: means the interest rate fixed by the board for purposes of actuarial valuation of the assets and liabilities of the award system. See California Government Code 50952
  • Adjourn: A motion to adjourn a legislative chamber or a committee, if passed, ends that day's session.
  • administrator: means a person who performs or arranges the collection, maintenance, or disbursement of moneys to compensate any party for claims or repairs pursuant to a service contract, and who also performs or arranges any of the following activities on behalf of service contract sellers:

    California Business and Professions Code 9855

  • Advertisement: means :

    California Business and Professions Code 7590.1

  • advertisement: means any communication, disseminated by television or radio, by any print medium, including, but not limited to, newspapers and billboards, or by means of a mailing directed generally to members of the public and not to a specific person, that solicits employment of legal services provided by a licensee, and is directed to the general public and is paid for by, or on the behalf of, an attorney. See California Business and Professions Code 6157
  • Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
  • Agricultural commodity: means any and all plant and animal products produced in this state for commercial purposes, including, but not limited to, plant products used for producing biofuels, and industrial hemp cultivated in accordance with Division 24 (commencing with Section 81000) of the Food and Agricultural Code. See California Government Code 51201
  • Agricultural preserve: means an area devoted to either agricultural use, as defined in subdivision (b), recreational use as defined in subdivision (n), or open-space use as defined in subdivision (o), or any combination of those uses and which is established in accordance with the provisions of this chapter. See California Government Code 51201
  • Agricultural use: means use of land, including but not limited to greenhouses, for the purpose of producing an agricultural commodity for commercial purposes. See California Government Code 51201
  • Airport: means any area of land or water designed and set aside for the landing and taking off of aircraft and utilized or to be utilized in the interest of the public for such purposes. See California Government Code 50485.1
  • Airport hazard: means any structure or tree or use of land which obstructs the airspace required for the flight of aircraft in landing or taking off at an airport or is otherwise hazardous to such landing or taking off of aircraft. See California Government Code 50485.1
  • Airport hazard area: means any area of land or water upon which an airport hazard might be established if not prevented as provided in this article. See California Government Code 50485.1
  • Alarm agent: means a person employed by an alarm company operator whose duties include selling on premises, altering, installing, maintaining, moving, repairing, replacing, servicing, responding, or monitoring an alarm system, or a person who manages or supervises a person employed by an alarm company to perform any of the duties described in this subdivision or any person in training for any of the duties described in this subdivision. See California Business and Professions Code 7590.1
  • Alarm system: means an assembly of equipment and devices arranged to signal the presence of a hazard requiring urgent attention and to which police may respond. See California Business and Professions Code 7590.1
  • Allegation: something that someone says happened.
  • Amortization: Paying off a loan by regular installments.
  • 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
  • Anniversary date: means the anniversary of the date on which zoning is established pursuant to Section 51112 or 51113 takes effect. See California Government Code 51104
  • Annual percentage rate: The cost of credit at a yearly rate. It is calculated in a standard way, taking the average compound interest rate over the term of the loan so borrowers can compare loans. Lenders are required by law to disclose a card account's APR. Source: FDIC
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
  • Appliance repair industry: means those activities defined in paragraph (4) of subdivision (f). See California Business and Professions Code 9801
  • applicant: includes an indigent person appearing pro se to represent themself at any stage of the case and applying to receive funds from the Transcript Reimbursement Fund established in Section 8030. See California Business and Professions Code 8030.4
  • applicator: refers to "structural pest control applicator. See California Business and Professions Code 8507.1
  • Apportionment: means an apportionment made under this chapter unless the context otherwise requires. See California Education Code 16002
  • Appraisal: A determination of property value.
  • Aquaculture: means that form of agriculture devoted to the propagation, cultivation, maintenance, and harvesting of aquatic plants and animals in marine, brackish, and fresh water. See California Fish and Game Code 17
  • Arraignment: A proceeding in which an individual who is accused of committing a crime is brought into court, told of the charges, and asked to plead guilty or not guilty.
  • 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
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • attorney: means a licensee or former licensee of the State Bar. See California Business and Professions Code 6180.14
  • Attorney-at-law: A person who is legally qualified and licensed to practice law, and to represent and act for clients in legal proceedings.
  • 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.
  • Automated teller machine: means any electronic information processing device located in California which accepts or dispenses cash in connection with a credit, deposit, or convenience account. See California Financial Code 13020
  • Award: means monthly payments for life derived from contributions by a department. See California Government Code 50952
  • Award recipient: means a former member who satisfied all the requirements as determined by the board to be eligible to receive an award, and is receiving an award. See California Government Code 50952
  • Award system: means the Volunteer Firefighters Length of Service Award System established by this chapter. See California Government Code 50952
  • 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.
  • ballot: means any of the following:

    California Elections Code 301

  • Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
  • Baseline: Projection of the receipts, outlays, and other budget amounts that would ensue in the future without any change in existing policy. Baseline projections are used to gauge the extent to which proposed legislation, if enacted into law, would alter current spending and revenue levels.
  • Beneficiary: 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
  • Bequest: Property gifted by will.
  • Bird: means a wild bird or part of a wild bird. See California Fish and Game Code 22
  • Board: as used in this chapter means the 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. See California Government Code 50798.3
  • Board: means the board of the California State Fire Employees Welfare Benefit Corporation. See California Government Code 50952
  • Board: as used in this chapter , means the Board for Professional Engineers, Land Surveyors, and Geologists established under Section 6710. See California Business and Professions Code 7801
  • Board: means the board of supervisors of a county or city and county, whether general law or chartered, which establishes or proposes to establish a timberland production zone pursuant to this chapter. See California Government Code 51104
  • Board: as used in this chapter , means the board of supervisors of the county in which a district is formed, or in which it is proposed to form a district. See California Health and Safety Code 4862
  • Board: means the State Allocation Board. See California Education Code 16002
  • Board: means the board of supervisors of a county which establishes or proposes to establish an agricultural preserve or which enters or proposes to enter into a contract on land within an agricultural preserve pursuant to this chapter. See California Government Code 51201
  • Board: means the county board of supervisors acting as the governing authority of a county service area. See California Government Code 25210.2
  • board: means any entity listed in Section 101, the entities referred to in Sections 1000 and 3600, the State Bar, the Department of Real Estate, and any other state agency that issues a license, certificate, or registration authorizing a person to engage in a business or profession. See California Business and Professions Code 31
  • board of governors: shall be deemed to refer to the board of trustees. See California Business and Professions Code 6010
  • board of supervisors: means the Board of Supervisors of the County of Orange. See California Government Code 26295.10
  • bond: means revenue bond or other evidences of indebtedness but not attached coupons. See California Government Code 50661
  • Bonds: as used in this chapter means the written evidence of any obligation incurred by the board payable out of revenues as provided in this chapter in order to secure funds with which to carry out the purposes of this chapter irrespective of the form of such obligation whether in the form of bonds, notes, debentures, interest bearing certificates or other forms prescribed by the board. See California Government Code 50798.1
  • bonds: means indebtedness and securities of any kind or class, including bonds, notes, bond anticipation notes, and commercial paper. See California Government Code 26295.6
  • Bonds: as used in this chapter means the written evidence of any obligation incurred by the board payable out of revenues as provided in this chapter in order to secure funds with which to carry out the purposes of this chapter irrespective of the form of such obligation whether in the form of bonds, notes, debentures, interest bearing certificates or other forms prescribed by the board. See California Government Code 26399
  • Bonds: as used in this chapter means the written evidence of any obligation incurred by the board payable out of revenues as provided in this chapter in order to secure funds with which to carry out the purposes of this chapter irrespective of the form of such obligation whether in the form of bonds, notes, debentures, interest bearing certificates or other forms prescribed by the board. See California Government Code 26486
  • Branch office: means any location, other than the principal place of business of the licensee, which is licensed as set forth in Article 11 (commencing with Section 7599. See California Business and Professions Code 7590.1
  • Branch office manager: means an individual designated by the qualified manager to manage the licensee's branch office and who has met the requirements as set forth in Article 11 (commencing with Section 7599. See California Business and Professions Code 7590.1
  • building: includes onsite and offsite facilities, utilities, and improvements, including permanent improvement of the grounds of a building, which, as agreed upon by the parties, are appropriate for the proper operation or function of the building to be occupied jointly by the county or city and county and the private person, firm, or corporation. See California Government Code 25549.1
  • bureau: means the Bureau of Security and Investigative Services. See California Business and Professions Code 7512.4
  • bureau: means the Bureau of Security and Investigative Services. See California Business and Professions Code 7580.4
  • Bureau: means the Bureau of Security and Investigative Services. See California Business and Professions Code 7590.1
  • Bureau: means the Cemetery and Funeral Bureau. See California Business and Professions Code 7601
  • Bureau: means the Bureau of Household Goods and Services. See California Business and Professions Code 9801
  • Bureau: means the Professional Fiduciaries Bureau within the Department of Consumer Affairs, established pursuant to Section 6510. See California Business and Professions Code 6501
  • Buy: includes an offer to buy, purchase, barter, exchange, or trade. See California Fish and Game Code 24
  • candidate: includes any officeholder who is subject to a recall election. See California Elections Code 305
  • Candlefoot power: means the light intensity of candles on a horizontal plane at 36 inches above ground level and five feet in front of the area to be measured. See California Financial Code 13020
  • Case: means a single legal proceeding from its inception, through all levels of hearing, trial, and appeal, until its ultimate conclusion and disposition. See California Business and Professions Code 8030.4
  • Case law: The law as laid down in cases that have been decided in the decisions of the courts.
  • Caucus: From the Algonquian Indian language, a caucus meant "to meet together." An informal organization of members of the legislature that exists to discuss issues of mutual concern and possibly to perform legislative research and policy planning for its members. There are regional, political or ideological, ethnic, and economic-based caucuses.
  • Certified prior service credit: means credit for service performed prior to the contract operative date as certified by a qualifications review commission. See California Government Code 50952
  • Certified service credit: means credit certified pursuant to Section 50960 for services rendered by a member. See California Government Code 50952
  • Certified shorthand reporter: means a shorthand reporter certified pursuant to Article 3 (commencing with Section 8020) performing shorthand reporting services pursuant to Section 8017. See California Business and Professions Code 8030.4
  • Chambers: A judge's office.
  • chief: means the Chief of the Bureau of Security and Investigative Services. See California Business and Professions Code 7580.5
  • Chief: means the Chief of the Bureau of Security and Investigative Services. See California Business and Professions Code 7590.1
  • City: includes incorporated city, city and county, municipal corporation, municipality, town and incorporated town. See California Financial Code 13
  • city: means a city governed under a freeholders' charter. See California Government Code 51540
  • City: means any city or city and county. See California Government Code 51075
  • city: means the county or city having jurisdiction over the land. See California Government Code 51104
  • City: includes "city and county" and "incorporated town" but does not include "unincorporated town" or "village. See California Government Code 20
  • City: means any city or city and county. See California Government Code 51190
  • city: means the county or city having jurisdiction over the land. See California Government Code 51201
  • City: includes city and county. See California Business and Professions Code 18
  • City or county: means any city, county, or city and county. See California Government Code 50485.1
  • Clerk: as used in this chapter , means the clerk of the board of supervisors. See California Health and Safety Code 4863
  • Clerk: means the county elections official, registrar of voters, city clerk, or other officer or board charged with the duty of conducting any election. See California Elections Code 307
  • Clerk of court: An officer appointed by the court to work with the chief judge in overseeing the court's administration, especially to assist in managing the flow of cases through the court and to maintain court records.
  • Client: means an individual who is served by a professional fiduciary. See California Business and Professions Code 6501
  • Client: means a person who has, within the three years preceding the sale of financial products by a lawyer to that person, employed that lawyer for legal services. See California Business and Professions Code 6175
  • collaboration: include employer and employee relationships, joint ventures, partnerships, general corporations, and consulting relationships formed by written agreement in which the architect provides immediate and responsible direction of architectural services. See California Business and Professions Code 5535.25
  • Commission: means the Fish and Game Commission, and "commissioner" means a member of the Fish and Game Commission. See California Fish and Game Code 30
  • commission: means the Orange County Regional Justice Facilities Commission created pursuant to Article 2 (commencing with Section 26296). See California Government Code 26295.4
  • Commissioner: means the Commissioner of Business Oversight. See California Financial Code 23001
  • committee: includes a standing committee, joint committee, conference committee, subcommittee, select committee, special committee, research committee, or any similar body. See California Government Code 9027
  • Committee: means the Professional Fiduciaries Advisory Committee, as established pursuant to Section 6511. See California Business and Professions Code 6501
  • Committee membership: Legislators are assigned to specific committees by their party. Seniority, regional balance, and political philosophy are the most prominent factors in the committee assignment process.
  • Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
  • Community estate: includes both community property and quasi-community property. See California Family Code 63
  • Compatible use: is a ny use which does not significantly detract from the use of the property for, or inhibit, growing and harvesting timber, and shall include, but not be limited to, any of the following, unless in a specific instance such a use would be contrary to the preceding definition of compatible use:

    California Government Code 51104

  • Compatible use: includes agricultural use, recreational use or open-space use unless the board or council finds after notice and hearing that the use is not compatible with the agricultural, recreational or open-space use to which the land is restricted by contract pursuant to this chapter. See California Government Code 51201
  • complaint: means a valid complaint as specified in subdivision (b). See California Government Code 8944
  • comprehensive water resources management plan: means a plan for coordinating and managing the supply and distribution of water for residential, commercial, industrial or other purposes and for coordinating and managing the treatment and disposal of waste water from all sources. See California Government Code 25712
  • Concurrent resolution: A legislative measure, designated "S. Con. Res." and numbered consecutively upon introduction, generally employed to address the sentiments of both chambers, to deal with issues or matters affecting both houses, such as a concurrent budget resolution, or to create a temporary joint committee. Concurrent resolutions are not submitted to the President/Governor and thus do not have the force of law.
  • Conference committee: A temporary, ad hoc panel composed of conferees from both chamber of a legislature which is formed for the purpose of reconciling differences in legislation that has passed both chambers. Conference committees are usually convened to resolve bicameral differences on major and controversial legislation.
  • Consumer goods: means any new or used product or part thereof that is used, bought, or leased for use primarily for personal, family, or household purposes, including assistive devices. See California Business and Professions Code 9855
  • Contiguous: means two or more parcels of land that are adjoining or neighboring or are sufficiently near to each other, as determined by the board or council, that they are manageable as a single forest unit. See California Government Code 51104
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Conviction: A judgement of guilt against a criminal defendant.
  • Corporation: as used in this part means a corporation which is organized under, or subject to this part, including a central organization. See California Corporations Code 12232
  • Council: means the city council of a city, whether general law or chartered, which establishes or proposes to establish a timberland production zone pursuant to this chapter. See California Government Code 51104
  • Council: means the city council of a city which establishes or proposes to establish an agricultural preserve or which enters or proposes to enter into a contract on land within an agricultural preserve pursuant to this chapter. See California Government Code 51201
  • 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 Financial Code 14
  • county: means the County of San Mateo. See California Government Code 25711
  • County: includes city and county. See California Health and Safety Code 14
  • county: means the County of Orange. See California Government Code 26295.8
  • County: includes city and county. See California Business and Professions Code 17
  • County: includes "city and county. See California Corporations Code 14
  • County: includes "city and county. See California Public Resources Code 14
  • County: includes city and county. See California Family Code 67
  • County service area: means a county service area formed pursuant to this chapter or any of its statutory predecessors. See California Government Code 25210.2
  • 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
  • Credit report: A detailed report of an individual's credit history prepared by a credit bureau and used by a lender in determining a loan applicant's creditworthiness. Source: OCC
  • Custodian of the fund: means a financial institution or other entity that qualifies under the laws of this state to act as a trustee of and establish a trust described in Internal Revenue Service Revenue Procedure 92-64. See California Government Code 50952
  • Customer: means a natural person to whom an access device has been issued for personal, family, or household use. See California Financial Code 13020
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Date of separation: means the date that a complete and final break in the marital relationship has occurred, as evidenced by both of the following:

    California Family Code 70

  • Day: means calendar day, and "week" means calendar week. See California Fish and Game Code 35
  • Deadly weapon: means and includes any instrument or weapon of the kind commonly known as a blackjack, slungshot, billy, sandclub, sandbag, metal knuckles. See California Business and Professions Code 7590.1
  • Decedent: A deceased person.
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Defense attorney: Represent defendants in criminal matters.
  • Deferred deposit originator: means a person who offers, originates, or makes a deferred deposit transaction. See California Financial Code 23001
  • Deferred deposit transaction: means a transaction whereby a person defers depositing a customer's personal check until a specific date, pursuant to a written agreement for a fee or other charge, as provided in Section 23035. See California Financial Code 23001
  • Defined parking area: means that portion of any parking area open for customer parking which is (1) contiguous to an access area with respect to an automated teller machine. See California Financial Code 13020
  • Department: means the Department of Fish and Wildlife. See California Fish and Game Code 37
  • Department: means the Department of Consumer Affairs. See California Business and Professions Code 7590.1
  • Department: means the Department of Consumer Affairs. See California Business and Professions Code 7601
  • Department: means any of the following:

    California Government Code 50952

  • Department: means the Department of Business Oversight. See California Financial Code 23001
  • department: means State Department of Health Services. See California Health and Safety Code 20
  • Department: means the Department of Consumer Affairs. See California Business and Professions Code 6501
  • 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
  • Development: means , as used in Section 51223, the construction of buildings or the use of the restricted property if the buildings or use are unrelated to the agricultural use, the open-space use, or uses compatible with either agricultural or open-space uses of the property, or substantially impair the agricultural, open-space, or a combination of the agricultural and open-space uses of the property. See California Government Code 51201
  • Developmentally Disabled Assistance Act: means the Developmentally Disabled Assistance and Bill of Rights Act of 1975 (Public Law 94-103), as amended. See California Business and Professions Code 8030.4
  • Developmentally Disabled Assistance Act: means the Developmentally Disabled Assistance and Bill of Rights Act, as amended (P. See California Business and Professions Code 6213
  • Devise: To gift property by will.
  • Digital signature: means an electronic identifier, created by computer, intended by the party using it to have the same force and effect as the use of a manual signature. See California Government Code 16.5
  • director: means the Director of Consumer Affairs, unless the context indicates otherwise. See California Business and Professions Code 7580.1
  • Director: means the Director of Fish and Wildlife. See California Fish and Game Code 39
  • Director: means the Director of Consumer Affairs. See California Business and Professions Code 7590.1
  • Director: means the Director of Consumer Affairs. See California Business and Professions Code 7601
  • Director: means the Director of Education for kindergarten and grades 1 to 12, inclusive. See California Education Code 16002
  • Director: means the Director of Consumer Affairs. See California Business and Professions Code 9801
  • disaster: means a war or enemy-caused calamity within this State, such as an attack by nuclear weapons. See California Government Code 9035
  • Discards: means fish that are taken in a fishery but are not retained because they are of an undesirable species, size, sex, or quality, or because they are required by law not to be retained. See California Fish and Game Code 91
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • District: means fish and game district. See California Fish and Game Code 41
  • District: as used in this chapter , means a sewer maintenance district formed pursuant to this chapter or pursuant to any law which it supersedes. See California Health and Safety Code 4861
  • Docket: A log containing brief entries of court proceedings.
  • Donor: The person who makes a gift.
  • Ecosystem-based management: means an environmental management approach relying on credible science, as defined in Section 33, that recognizes the full array of interactions within an ecosystem, including humans, rather than considering single issues, species, or ecosystem services in isolation. See California Fish and Game Code 43
  • Election: means any election including a primary that is provided for under this code. See California Elections Code 318
  • Elections official: means any of the following:

    California Elections Code 320

  • Elector: means a person who is a United States citizen 18 years of age or older and, except as specified in subdivision (b), is a resident of an election precinct in this state on or before the day of an election. See California Elections Code 321
  • Electronic repair industry: means those activities defined in paragraph (1), (2), or (3) of subdivision (f). See California Business and Professions Code 9801
  • Eligible institution: means either of the following:

    California Business and Professions Code 6213

  • Embezzlement: In most states, embezzlement is defined as theft/larceny of assets (money or property) by a person in a position of trust or responsibility over those assets. Embezzlement typically occurs in the employment and corporate settings. Source: OCC
  • employee: means an individual who works for an employer, is listed on the employer's payroll records, and is under the employer's direction and control. See California Business and Professions Code 7580.9
  • Employee: means an individual who works for an employer, is listed on the employer's payroll records, and is under the employer's direction and control. See California Business and Professions Code 7590.1
  • employer: means a person who employs an individual for wages or salary, lists the individual on the employer's payroll records, and withholds all legally required deductions and contributions. See California Business and Professions Code 7580.8
  • Employer: means a person who employs an individual for wages or salary, lists the individual on the employer's payroll records, and withholds all legally required deductions and contributions. See California Business and Professions Code 7590.1
  • Employer-employee relationship: means an individual who works for another and where the individual's name appears on the payroll records of the employer. See California Business and Professions Code 7590.1
  • 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.
  • environment: means the aggregate of all factors that influence the conditions of life in or about the state or within any portion thereof, and which are affected by the use of pesticides or related materials within the state. See California Food and Agricultural Code 14101
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Escheat: Reversion of real or personal property to the state when 1) a person dies without leaving a will and has no heirs, or 2) when the property (such as a bank account) has been inactive for a certain period of time. Source: OCC
  • Escrow: Money given to a third party to be held for payment until certain conditions are met.
  • escrow agent: as used in this division includes joint control agents and Internet escrow agents. See California Financial Code 17005.6
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • 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
  • Executive session: A portion of the Senate's daily session in which it considers executive business.
  • Executor: A male person named in a will to carry out the decedent
  • 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.
  • Federal Deposit Insurance Corporation: A government corporation that insures the deposits of all national and state banks that are members of the Federal Reserve System. Source: OCC
  • 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
  • Fee generating case: means a case or matter that, if undertaken on behalf of an indigent person by an attorney in private practice, reasonably may be expected to result in payment of a fee for legal services from an award to a client, from public funds, or from the opposing party. See California Business and Professions Code 6213
  • Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
  • Fee-generating case: means any case or matter that, if undertaken on behalf of an eligible client by an attorney in private practice, reasonably may be expected to result in payment of a fee for legal services from an award to a client, from public funds, or from an opposing party. See California Business and Professions Code 8030.4
  • Felony: A crime carrying a penalty of more than a year in prison.
  • Fiduciary: A trustee, executor, or administrator.
  • field representative: refers to "structural pest control field representative. See California Business and Professions Code 8507
  • Financial products: means long-term care insurance, life insurance, and annuities governed by the Insurance Code, or its successors. See California Business and Professions Code 6175
  • Fire suppression: includes firefighting and fire prevention including, but not limited to, vegetation removal or management undertaken, in whole or in part, for the reduction of a fire hazard. See California Government Code 50078.1
  • firearm permit: includes "firearms permit" "firearms qualification card" "firearms qualification" and "firearms qualification permit. See California Business and Professions Code 7580.11
  • Firearm permit: means and includes "firearms permit" "firearms qualification card" "firearms qualification" and "firearms qualification permit. See California Business and Professions Code 7590.1
  • Firearms permit: means a permit issued by the bureau, pursuant to Article 6 (commencing with Section 7596), to a licensee, a qualified manager, or an alarm agent, to carry an exposed firearm while on duty. See California Business and Professions Code 7590.1
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • Fish: means a wild fish, mollusk, crustacean, invertebrate, amphibian, or part, spawn, or ovum of any of those animals. See California Fish and Game Code 45
  • Fishery: means both of the following:

    California Fish and Game Code 94

  • 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).
  • 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
  • Fraud: Intentional deception resulting in injury to another.
  • Fund: means an account or trust described in Internal Revenue Service Revenue Procedure 92-64, which is maintained by the custodian of the fund. See California Government Code 50952
  • Funded debt: as used in this chapter , means all interest-bearing indebtedness of a corporation not maturing within one year of the date the indebtedness was incurred. See California Financial Code 800
  • 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 deer hunting season: means the annual season for the area in question as is set by the commission under its general regulatory powers, or set by statute, for the taking of male deer. See California Fish and Game Code 451
  • General election: means either of the following:

    California Elections Code 324

  • Geologist: as used in this chapter , refers to a person engaged in the practice of geology. See California Business and Professions Code 7803
  • Geology: as used in this chapter , refers to that science which treats of the earth in general. See California Business and Professions Code 7802
  • Geophysicist: as used in this chapter , refers to a person engaged in the practice of geophysics. See California Business and Professions Code 7803.1
  • Geophysics: as used in this chapter , refers to that science which involves study of the physical earth by means of measuring its natural and induced fields of force, including, but not limited to, electric, gravity, and magnetic, and its responses to natural and induced energy and the interpreting of these measurements and the relating of them to the physics of the earth. See California Business and Professions Code 7802.1
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Governing board: means board of school trustees, community college board of trustees, and city, and city and county board of education. See California Education Code 78
  • Grain and seed: includes any grain, seeds, rice, beans, and any other agricultural product which is customarily cleaned by grain and seed cleaners. See California Food and Agricultural Code 55251
  • Grain and seed cleaner: means a person that is lawfully engaged in the business of cleaning grain and seeds for others. See California Food and Agricultural Code 55251
  • Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
  • Grantor: The person who establishes a trust and places property into it.
  • Greenhouse: means a structure covered with transparent or translucent materials for the purpose of admitting natural light and controlling the atmosphere for growing plants, including floricultural, ornamental, or other nursery and agricultural products. See California Food and Agricultural Code 33
  • 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.
  • Hours of darkness: means the period that commences 30 minutes after sunset and ends 30 minutes before sunrise. See California Financial Code 13020
  • improvements: means any or all of the following property acquired, constructed or installed by a local agency with funds derived from special assessments under the Improvement Act of 1911 (Division 7 (commencing at Section 5000), Streets and Highways Code) or any other law:

    California Government Code 50550

  • Income and expense declaration: means the form for an income and expense declaration in family law matters adopted by the Judicial Council. See California Family Code 95
  • 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.
  • Indigent person: means any of the following:

    California Business and Professions Code 8030.4

  • Indigent person: means a person whose income is (1) 125 percent or less of the current poverty threshold established by the United States Office of Management and Budget, or (2) who is eligible for Supplemental Security Income or free services under the Older Americans Act or Developmentally Disabled Assistance Act. See California Business and Professions Code 6213
  • Inhabited territory: means territory within which there reside 12 or more registered voters. See California Government Code 25210.2
  • Initiating resolution: means a resolution by which a legislative body determines that public interest or necessity demands the issuance of bonds. See California Government Code 50665.1
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Insurance policy: as used in this article , means a commercial general liability policy of insurance issued by an insurance company authorized to transact business in this state that provides minimum limits of insurance of one million dollars ($1,000,000) for any one loss or occurrence due to bodily injury, including death, or property damage, or both. See California Business and Professions Code 7583.40 v2
  • IOLTA account: means an account or investment product established and maintained pursuant to subdivision (a) of Section 6211 that is any of the following:

    California Business and Professions Code 6213

  • 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 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.
  • Jurisprudence: The study of law and the structure of the legal system.
  • Kelp: means kelp or other marine aquatic plants and the seeds thereof. See California Fish and Game Code 51
  • Landowner: includes a lessee or trustee, if the expiration of the lease or trust occurs at a time later than the expiration of the open-space restriction or any extension thereof. See California Government Code 51075
  • Landowner: includes a lessee or trustee, if the expiration of the lease or trust occurs at a time later than the expiration of the restriction of the use of the land to photovoltaic solar facilities or any extension of the restriction. See California Government Code 51190
  • Landscape architect: means a person who holds a license to practice landscape architecture in this state under the authority of this chapter. See California Business and Professions Code 5615
  • Latent power: means any service or facility authorized by Article 4 (commencing with Section 25213) that the local agency formation commission has determined, pursuant to subdivision (i) of Section 56425, that the county service area was not authorized to provide prior to January 1, 2009. See California Government Code 25210.2
  • law practice: means (a) a law practice conducted by an individual. See California Business and Professions Code 6180.14
  • 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.
  • Lawyer: means a licensee of the State Bar or a person who is admitted and in good standing and eligible to practice before the bar of any United States court or the highest court of the District of Columbia or any state, territory, or insular possession of the United States, or licensed to practice law in, or is admitted in good standing and eligible to practice before the bar of the highest court of, a foreign country or any political subdivision thereof, and includes any agent of the lawyer or law firm or law corporation doing business in the state. See California Business and Professions Code 6175
  • Lawyer: means a licensee of the State Bar or a person who is admitted in good standing and eligible to practice before the bar of any United States court or the highest court of the District of Columbia or any state, territory, or insular possession of the United States, or is licensed to practice law in, or is admitted in good standing and eligible to practice before the bar of the highest court of, a foreign country or any political subdivision thereof, and includes any agent of the lawyer, law firm, or law corporation doing business in the state. See California Business and Professions Code 6157
  • Lawyer referral service: means a lawyer referral program authorized by the State Bar of California pursuant to the rules of professional conduct. See California Business and Professions Code 8030.4
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Legacy: A gift of property made by will.
  • Legal Services Corporation: means the Legal Services Corporation established under the Legal Services Corporation Act of 1974 (Public Law 93-355), as amended. See California Business and Professions Code 8030.4
  • Legal Services Corporation: means the Legal Services Corporation established under the Legal Services Corporation Act of 1974 (P. See California Business and Professions Code 6213
  • Legislative body: means the board of directors, trustees, governors, or any other governing body of a local agency specified in subdivision (b). See California Government Code 50078.1
  • Legislative body: means the legislative body of a local agency. See California Government Code 50230
  • Legislative body: means the city council in the case of a city, and the board of supervisors in the case of a county. See California Government Code 50665.1
  • 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
  • Legislative session: That part of a chamber's daily session in which it considers legislative business (bills, resolutions, and actions related thereto).
  • license: means license, certificate, registration, or other means to engage in a business or profession regulated by this code or referred to in Section 1000 or 3600. See California Business and Professions Code 23.7
  • Licensed adjuster: means a person licensed by the bureau for adjusting lamps in licensed lamp adjusting stations or for adjusting brakes in licensed brake adjusting stations. See California Business and Professions Code 9888.1
  • Licensed station: means a station licensed by the bureau pursuant to this chapter. See California Business and Professions Code 9888.1
  • licensee: means a person licensed under this chapter and includes, but is not limited to, private patrol operator and armored contract carrier. See California Business and Professions Code 7580.6
  • Licensee: means a business entity, whether an individual, partnership, limited liability company, or corporation licensed under this chapter. See California Business and Professions Code 7590.1
  • Licensee: means any person who offers, originates, or makes a deferred deposit transaction, who arranges a deferred deposit transaction for a deferred deposit originator, who acts as an agent for a deferred deposit originator, or who assists a deferred deposit originator in the origination of a deferred deposit transaction. See California Financial Code 23001
  • Licensee: means a person who is licensed under this chapter as a professional fiduciary. See California Business and Professions Code 6501
  • Licensee: means any person authorized by a license, certificate, registration, or other means to engage in a business or profession regulated by this code or referred to in Sections 1000 and 3600. See California Business and Professions Code 23.8
  • Licensee: means a licensee in good standing of the State Bar and includes any agent of the licensee and any law firm or law corporation doing business in the State of California. See California Business and Professions Code 6157
  • 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
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • livestock: includes domestic fowls and rabbits. See California Food and Agricultural Code 30651
  • Local agency: means any city, county, or city and county, whether general law or chartered, or special district, including a county service area created pursuant to the County Service Area Law (Chapter 2. See California Government Code 50078.1
  • Local agency: means a city, a city and county, or a county. See California Government Code 50230
  • local agency: includes any board or department of the local agency. See California Government Code 50660
  • Local agency: means any county, city, or city and county, including a chartered city, or special district, including a school district. See California Government Code 50665.1
  • 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 formation commission: means a local agency formation commission that operates in the county pursuant to the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000, Division 3 (commencing with Section 56000) of Title 5. See California Government Code 25210.2
  • Local election: is a municipal, county, or district election. See California Elections Code 328
  • 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
  • managed wetland area: is a n area, which may be an area diked off from the ocean or any bay, river or stream to which water is occasionally admitted, and which, for at least three consecutive years immediately prior to being placed within an agricultural preserve pursuant to this chapter, was used and maintained as a waterfowl hunting preserve or game refuge or for agricultural purposes. See California Government Code 51201
  • manager: means the individual under whose direction, control, charge, or management the business of a licensee is operated. See California Business and Professions Code 7580.7
  • Marine finfish aquaculture: means the propagation, cultivation, or maintenance of finfish species in the waters of the Pacific Ocean that are regulated by this state. See California Fish and Game Code 54.5
  • Marine living resources: includes all wild mammals, birds, reptiles, fish, and plants that normally occur in or are associated with salt water, and the marine habitats upon which these animals and plants depend for their continued viability. See California Fish and Game Code 96
  • master plan: means the plan for construction, furnishing, acquisition, maintenance, and operation of adult and juvenile detention facilities and courthouse facilities, and structures necessary or convenient to those facilities. See California Government Code 26295.12
  • meeting: means a gathering of a quorum of the members of a house or committee in one place for the purpose of discussing legislative or other official matters within the jurisdiction of the house or committee. See California Government Code 9027
  • Member: means an individual who is a member of a limited liability company as defined in subdivision (p) of Section 17701. See California Business and Professions Code 7590.1
  • Member: means a volunteer of a department, the governing body of which has contracted with the board under this chapter, and who has been certified by a qualifications review commission as having satisfied all the requirements for membership as set established by the board. See California Government Code 50952
  • 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
  • Misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement.
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Mortgage loan: A loan made by a lender to a borrower for the financing of real property. Source: OCC
  • Mortgagor: The person who pledges property to a creditor as collateral for a loan and who receives the money.
  • mountainous lands: means all lands, irrespective of their angle of slope or other natural or manmade terrain features, within the territory of the conservancy that lie above the floor of the Coachella Valley, if there is no alluvial fan, or that lie above any alluvial fan extending onto the valley floor, as more specifically set forth in that certain map entitled "Coachella Valley Mountainous Lands Map" and dated ____ __, 1999, and placed on file with the Secretary of State, which map is hereby incorporated in this subdivision by this reference. See California Public Resources Code 33700
  • 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
  • natural community conservation lands: means all lands within the territory of the conservancy, the preservation of which is necessary to implement a natural community conservation plan that has been approved by the Department of Fish and Game pursuant to Chapter 10 (commencing with Section 2800) of Division 3 of the Fish and Game Code. See California Public Resources Code 33700
  • 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.
  • Nonconforming use: means any use within a TPZ which lawfully existed on the effective date of zoning established pursuant to Sections 51112 and 51113, and continuing since that time, which is not a compatible use. See California Government Code 51104
  • Nonprofit organization: means any organization qualifying under Section 501(c)(3) of the Internal Revenue Code in the preceding tax year, and which includes the preservation of open space as a stated purpose in its articles of incorporation. See California Government Code 51075
  • Nonresident: means a person who is not a resident as defined in Section 70. See California Fish and Game Code 57
  • Oath: includes affirmation. See California Government Code 15
  • Oath: includes affirmation. See California Business and Professions Code 20
  • Oath: includes affirmation. See California Elections Code 335
  • Oath: A promise to tell the truth.
  • Older Americans Act: means the Older Americans Act of 1965 (Public Law 89-73), as amended. See California Business and Professions Code 8030.4
  • Older Americans Act: means the Older Americans Act of 1965, as amended (P. See California Business and Professions Code 6213
  • Open-end credit: A credit agreement (typically a credit card) that allows a customer to borrow against a preapproved credit line when purchasing goods and services. The borrower is only billed for the amount that is actually borrowed plus any interest due. (Also called a charge account or revolving credit.) Source: OCC
  • Open-space easement: means any right or interest in perpetuity or for a term of years in open-space land acquired by a county, city, or nonprofit organization pursuant to this chapter where the deed or other instrument granting such right or interest imposes restrictions which, through limitation of future use, will effectively preserve for public use or enjoyment the natural or scenic character of such open-space land. See California Government Code 51075
  • Open-space land: means any parcel or area of land or water which is essentially unimproved and devoted to an open-space use as defined in Section 65560 of the Government Code. See California Government Code 51075
  • Open-space plan: means the open-space element of a county or city general plan adopted by the local governing body pursuant to Section 65560 of the Government Code. See California Government Code 51075
  • Operator: means any bank, savings association, credit union, industrial loan company, savings bank, or other business entity, or any person who operates an automated teller machine. See California Financial Code 13020
  • operator: refers to "structural pest control operator. See California Business and Professions Code 8506
  • Optical products: means prescription and nonprescription eyewear. See California Business and Professions Code 9855
  • 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
  • Other qualified project: means a nonprofit organization formed for charitable or other public purposes, that does not receive funds from the Legal Services Corporation or pursuant to the federal Older Americans Act, and provides free legal services to indigent persons. See California Business and Professions Code 8030.4
  • outstanding: when used as of any particular time with reference to bonds issued by the commission, means all bonds theretofore and thereupon being authenticated and delivered by an authenticating agent duly appointed by the commission or its authorized designee except:

    California Government Code 26295.14

  • Overfishing: means a rate or level of taking that the best available scientific information, and other relevant information that the commission or department possesses or receives, indicates is not sustainable or that jeopardizes the capacity of a marine fishery to produce the maximum sustainable yield on a continuing basis. See California Fish and Game Code 98
  • Oversight: Committee review of the activities of a Federal agency or program.
  • owner of land: means all of the following:

    California Government Code 25210.2

  • Parcel: means that portion of an assessor's parcel that is timberland, as defined. See California Government Code 51104
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Party: means a political party or organization that has qualified for participation in any primary or presidential general election. See California Elections Code 338
  • peace officer: means a sheriff, undersheriff, deputy sheriff, marshal, or deputy marshal of a county or city and county, or a marshal or police officer of a city or town, employed and compensated as such, whether the members are volunteer, partly paid, or fully paid, except those whose principal duties are clerical, such as stenographers, telephone operators, and other workers not engaged in law enforcement operations, or the protection or preservation of life or property, and not under suspension or otherwise lacking in good standing. See California Government Code 50920
  • person: includes any individual, firm, company, association, organization, partnership, and corporation. See California Business and Professions Code 7580.3
  • person: as used in this article in reference to a person liable to pay a charge includes districts formed for the purpose of constructing or maintaining sewers. See California Government Code 50142
  • Person: means any individual, firm, copartnership, corporation, company, association, joint stock association, city or county, or district, and includes any trustee, receiver, or assignee. See California Government Code 50485.1
  • 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 individual, firm, company, association, organization, partnership, limited liability company, or corporation. See California Business and Professions Code 7590.1
  • 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: includes a firm, partnership, association, limited liability company, or corporation. See California Business and Professions Code 9801
  • Person: means an individual, a corporation, a partnership, a limited liability company, a joint venture, an association, a joint stock company, a trust, an unincorporated organization, a government entity, or a political subdivision of a government entity. See California Financial Code 23001
  • person: includes any individual, firm, partnership, general corporation, professional corporation, or limited liability partnership, as authorized by the Corporations Code. See California Business and Professions Code 5535
  • Person: includes a corporation as well as a natural person. See California Corporations Code 18
  • Person: includes a natural person, firm, association, organization, partnership, business trust, corporation, limited liability company, or public entity. See California Family Code 105
  • Personal property: All property that is not real property.
  • pest control: as used in this chapter are synonymous. See California Business and Professions Code 8505
  • Petitioner: includes plaintiff, where appropriate. See California Family Code 126
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
  • Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
  • Pledged revenue: means a specified annual dollar amount from a specified source or combination of sources of revenue, which the legislative body of a local agency, in a resolution providing for the issuance of limited obligation bonds, has designated and pledged as security for the bonds in accordance with Section 50665. See California Government Code 50665.1
  • 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
  • Precinct: means a geographical area within a county that is made up of voters and is formed pursuant to Chapter 3 (commencing with Section 12200) of Division 12. See California Elections Code 338.6
  • precinct board: means the board appointed by the elections official to serve at a vote center. See California Elections Code 339
  • Primary election: includes all primary nominating elections provided for by this code. See California Elections Code 341
  • Prime agricultural land: means any of the following:

    California Government Code 51201

  • Pro bono attorney: means any attorney, law firm, or legal corporation, licensed to practice law in this state, that undertakes, without charge to the party, the representation of an indigent person, referred by a qualified legal services project, qualified support center, or other qualified project, in a case not considered to be fee generating, as defined in this chapter. See California Business and Professions Code 8030.4
  • Pro se: A Latin term meaning "on one's own behalf"; in courts, it refers to persons who present their own cases without lawyers.
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Probate: Proving a will
  • Proceeding: includes an action. See California Family Code 110
  • Process: includes all writs, warrants, summons, and orders of courts of justice, or judicial officers. See California Government Code 26660
  • 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
  • Professional fiduciary: means either of the following:

    California Business and Professions Code 6501

  • project: shall be deemed to include any or all of the purposes for which a school district has applied for apportionments under this chapter, pursuant to any regulations that the State Allocation Board may adopt. See California Education Code 16002
  • Property: includes real and personal property and any interest therein. See California Family Code 113
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Public defender: Represent defendants who can't afford an attorney in criminal matters.
  • public improvement: means facilities or interests in real property, including easements, rights-of-way, and interests in fee title, owned by a public agency or person, as defined in subdivision (a) of Section 51291. See California Government Code 51290.5
  • 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 square: means any area or open space showing on a map or plat of a city, town, or village which has been filed or recorded in the office of the county clerk or county recorder of any county for more than fifty years and which is designated on the map or plat as a "square" or by other similar designation when no other words or insignia appear upon the map or plat showing the purposes for which the square may have been dedicated and when no deed, offer of dedication or other instrument appears of record in the office of the county recorder showing or indicating the purposes for which the same may have been dedicated. See California Government Code 50530
  • Purchase: means "buy" as defined in Section 24. See California Fish and Game Code 68
  • Qualified legal services project: means a nonprofit project, incorporated and operated exclusively in California, that provides as its primary purpose and function legal services without charge to indigent persons, has a board of directors or advisory board composed of both attorneys and consumers of legal services, and provides for community participation in legal services programming. See California Business and Professions Code 8030.4
  • Qualified legal services project: means either of the following:

    California Business and Professions Code 6213

  • Qualified manager: means an individual who is in active control, management, and direction of the licensee's business, and who is in possession of a current and valid qualified manager's certificate pursuant to this chapter. See California Business and Professions Code 7590.1
  • Qualified support center: means an incorporated nonprofit legal services center that has an office or offices in California that provide legal services or technical assistance without charge to qualified legal services projects and their clients on a multicounty basis in California. See California Business and Professions Code 8030.4
  • Quasi-community property: means all real or personal property, wherever situated, acquired before or after the operative date of this code in any of the following ways:

    California Family Code 125

  • Quorum: The number of legislators that must be present to do business.
  • Real property: as used in this article is coextensive with lands, tenements, and hereditaments and includes land, any interest or estate in land, and any servitude upon land. See California Government Code 50301
  • Recipient: means a qualified legal services project or support center receiving financial assistance under this article. See California Business and Professions Code 6213
  • 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
  • Registrant: means any person registered or who has applied for registration under this chapter. See California Business and Professions Code 7590.1
  • Regular election: is a n election, the specific time for the holding of which is prescribed by law. See California Elections Code 348
  • related: means related by blood, adoption, marriage, or registered domestic partnership. See California Business and Professions Code 6501
  • Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
  • 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.
  • Resident: means any person who has resided continuously in the State of California for six months or more immediately prior to the date of his 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 Section 2883 of Title 29 of the United States Code. See California Fish and Game Code 70
  • Resolution: means a resolution by which a legislative body authorizes the issuance, sale, and delivery of bonds. See California Government Code 50665.1
  • Respondent: includes defendant, where appropriate. See California Family Code 127
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • returned: means presented to the appropriate person in person, or postmarked, before the expiration of the specified time period. See California Family Code 359
  • Revenue: as used in this chapter shall mean all fees, rates, charges, rentals or other income and revenue actually received or receivable by or for the account of the board from the operation of any particular project including without limiting the generality of the foregoing interest allowed on any moneys or securities and any proceeds derived from the sale of any securities and any consideration in any way derived from the particular project owned, operated or maintained by the board. See California Government Code 50798.2
  • Revenue: as used in this chapter shall mean all fees, rates, charges, rentals or other income and revenue actually received or receivable by or for the account of the board from the operation of any particular project including without limiting the generality of the foregoing interest allowed on any moneys or securities and any proceeds derived from the sale of any securities and any consideration in any way derived from the particular project owned, operated or maintained by the board. See California Government Code 26400
  • Revenue: as used in this chapter shall mean all fees, rates, charges, rentals or other income and revenue actually received or receivable by or for the account of the board from the operation of any particular project including without limiting the generality of the foregoing interest allowed on any moneys or securities and any proceeds derived from the sale of any securities and any consideration in any way derived from the particular project owned, operated or maintained by the board. See California Government Code 26487
  • Revenues: include the proceeds of ad valorem taxes on real property levied by, or allocated to, the local agency, and the proceeds of sales and use taxes. See California Government Code 50665.1
  • Rules of professional conduct: means those rules adopted by the State Bar of California pursuant to Sections 6076 and 6077. See California Business and Professions Code 8030.4
  • Salesperson: when used without modification, means a person licensed as a salesperson under any of the provisions of this part. See California Business and Professions Code 10013
  • saltpond: is a n area which, for at least three consecutive years immediately prior to being placed within an agricultural preserve pursuant to this chapter, has been used for the solar evaporation of seawater in the course of salt production for commercial purposes. See California Government Code 51201
  • scenic highway corridor: is a n area adjacent to, and within view of, the right-of-way of:

    California Government Code 51201

  • 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
  • Sell: means to act as a broker for a commission. See California Business and Professions Code 6175
  • seller: means a person who sells or offers to sell a service contract to a service contractholder, including a person who is the obligor under a service contract sold by the seller, manufacturer, or repairer of the product covered by the service contract. See California Business and Professions Code 9855
  • Sequester: To separate. Sometimes juries are sequestered from outside influences during their deliberations.
  • Service contract: means a contract in writing to perform, over a fixed period of time or for a specified duration, services relating to the maintenance, replacement, or repair of consumer goods and may include provisions for incidental payment of indemnity under limited circumstances, including, but not limited to, power surges, food spoilage, or accidental damage from handling. See California Business and Professions Code 9855
  • Service contract reimbursement insurance policy: means a policy of insurance issued by an insurer admitted to do business in this state providing coverage for all obligations and liabilities incurred by a service contract seller under the terms of the service contracts sold in this state by the service contract seller to a service contractholder. See California Business and Professions Code 9855
  • Service contractholder: means a person who purchases or receives a service contract from a service contract seller. See California Business and Professions Code 9855
  • Service contractor: means a service contract administrator or a service contract seller. See California Business and Professions Code 9855
  • Service credit: means the aggregate of certified service credit. See California Government Code 50952
  • Service dealer: means a person who, for compensation, engages in, or holds himself or herself out to the public as offering services in the business of:

    California Business and Professions Code 9801

  • Service of process: The service of writs or summonses to the appropriate party.
  • Service year: means the period beginning July 1 and ending June 30 of the following year. See California Government Code 50952
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • Sewers: as used in this chapter includes lateral and collecting sewers, septic tanks and all other means of handling, gathering and disposing of sewage in the district. See California Health and Safety Code 4866
  • Signature: includes either of the following:

    California Elections Code 354.5

  • Solar-use easement: means any right or interest acquired by a county, or city in perpetuity, for a term of years, or annually self-renewing as provided in Section 51191. See California Government Code 51190
  • Sole ownership: The type of property ownership in which one individual holds legal title to the property and has full control of it.
  • Special election: is a n election, the specific time for the holding of which is not prescribed by law. See California Elections Code 356
  • Spousal support: means support of the spouse of the obligor. See California Family Code 142
  • Spouse: includes "registered domestic partner" as required by Section 297. See California Family Code 143
  • Spouse: includes "registered domestic partner" as required by Section 297. See California Government Code 12.2
  • Spouse: includes "registered domestic partner" as required by Section 297. See California Business and Professions Code 14.2
  • State: means a state of the United States, the District of Columbia, or a commonwealth, territory, or insular possession subject to the jurisdiction of the United States. See California Family Code 145
  • State: means the State of California, unless applied to the different parts of the United States. See California Fish and Game Code 83
  • State: means the State of California, unless applied to the different parts of the United States. See California Health and Safety Code 23
  • State: means the State of California, unless applied to the different parts of the United States. See California Education Code 77
  • State: means the State of California, unless applied to the different parts of the United States. See California Business and Professions Code 21
  • state agency: includes every state office, officer, department, division, bureau, board, and commission. See California Government Code 11000
  • Statewide election: is a n election held throughout the state. See California Elections Code 357
  • Station: means a lamp adjusting station or a brake adjusting station. See California Business and Professions Code 9888.1
  • Statute: A law passed by a legislature.
  • 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
  • Structural pest control applicator: is a ny individual who is licensed by the board to apply pesticides in Branch 2 or Branch 3 on behalf of a registered company. See California Business and Professions Code 8507.1
  • Structural pest control field representative: is a ny individual who is licensed by the board to secure structural pest control work, identify infestations or infections, make inspections, apply pesticides, submit bids for or otherwise contract, on behalf of a registered company. See California Business and Professions Code 8507
  • Structure: means any object constructed or installed by man, including, but without limitation, buildings, towers, smokestacks, and overhead lines. See California Government Code 50485.1
  • Subdivision: means a subdivision of the section in which that term occurs unless some other section is expressly mentioned. See California Fish and Game Code 73
  • Subdivision: means a subdivision of the section in which that term occurs unless some other section is expressly mentioned. See California Food and Agricultural Code 49
  • Subdivision: means a subdivision of the section in which that term occurs, unless some other section is expressly mentioned. See California Business and Professions Code 15
  • Subdivision: means a subdivision of the section in which the term appears unless some other section is expressly mentioned. See California Corporations Code 10
  • submerged area: is a ny land determined by the board or council to be submerged or subject to tidal action and found by the board or council to be of great value to the state as open space. See California Government Code 51201
  • Subpoena: A command to a witness to appear and give testimony.
  • Subpoena duces tecum: A command to a witness to produce documents.
  • subscription: includes mark when the signer or subscriber cannot 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 Fish and Game Code 81
  • Summons: Another word for subpoena used by the criminal justice system.
  • Superintendent: means street superintendent, his assistants and deputies, or other public officer designated by the legislative body to perform the duties imposed by this article upon the superintendent. See California Government Code 50230
  • 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
  • Take: means hunt, pursue, catch, capture, or kill, or attempt to hunt, pursue, catch, capture, or kill. See California Fish and Game Code 86
  • Tax rate area: means a geographical area in which there is a unique combination of tax levies. See California Government Code 51104
  • 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 by the entirety: A type of joint tenancy between husband and wife that is recognized in some States. Neither party can sever the joint tenancy relationship; when a spouse dies, the survivor acquires full title to the property.
  • 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
  • Testify: Answer questions in court.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Timber: means trees of any species maintained for eventual harvest for forest products purposes, whether planted or of natural growth, standing or down, on privately or publicly owned land, including Christmas trees, but does not mean nursery stock. See California Government Code 51104
  • Timberland: means privately owned land, or land acquired for state forest purposes, which is devoted to and used for growing and harvesting timber, or for growing and harvesting timber and compatible uses, and which is capable of growing an average annual volume of wood fiber of at least 15 cubic feet per acre. See California Government Code 51104
  • timberland preserve zone: means "timberland production zone. See California Government Code 51104
  • Town: includes "unincorporated town" and "village. See California Government Code 21
  • TPZ: means an area which has been zoned pursuant to Section 51112 or 51113 and is devoted to and used for growing and harvesting timber, or for growing and harvesting timber and compatible uses, as defined in subdivision (h). See California Government Code 51104
  • Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
  • Tree: means any object of natural growth. See California Government Code 50485.1
  • 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.
  • Truth in Lending Act: The Truth in Lending Act is a federal law that requires lenders to provide standardized information so that borrowers can compare loan terms. In general, lenders must provide information on Source: OCC
  • 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
  • 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.
  • Variable Rate: Having a "variable" rate means that the APR changes from time to time based on fluctuations in an external rate, normally the Prime Rate. This external rate is known as the "index." If the index changes, the variable rate normally changes. Also see Fixed Rate.
  • Venue: The geographical location in which a case is tried.
  • Verdict: The decision of a petit jury or a judge.
  • Vexatious litigant: means a person as defined in subdivision (b) of Section 391 of the Code of Civil Procedure. See California Business and Professions Code 8030.4
  • Volunteer: means a person registered as a volunteer member of a regularly organized fire department as defined in subdivision (k). See California Government Code 50952
  • Voter: means a voter as defined by Section 359 of the Elections Code. See California Government Code 25210.2
  • Voter: means any elector who is registered under this code. See California Elections Code 359
  • Voter-nominated office: means a congressional or state elective office for which a candidate may choose to have his or her party preference or lack of party preference indicated upon the ballot. See California Elections Code 359.5
  • Wildlife: means and includes all wild animals, birds, plants, fish, amphibians, reptiles, and related ecological communities, including the habitat upon which the wildlife depends for its continued viability. See California Fish and Game Code 89.5
  • wildlife habitat area: is a land or water area designated by a board or council, after consulting with and considering the recommendation of the Department of Fish and Game, as an area of importance for the protection or enhancement of the wildlife resources of the state. See California Government Code 51201
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.
  • Writing: includes any form of recorded message capable of comprehension by ordinary visual means. See California Financial Code 8
  • Zone: means a zone formed pursuant to Article 8 (commencing with Section 25217). See California Government Code 25210.2