Terms Used In California Codes > Health and Safety Code > Division 104 > Part 13

• Action: includes a civil action and a special proceeding of a civil nature. See California Government Code 14172
• Action: means an action for partition under this title. See California Education Code 18743
• Affected property: means any real property that actually declines in fair market value because of acquisition by a public entity for public use of other real property and a change in the use of the real property acquired by the public entity. See California Insurance Code 1064.5
• Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
• Agreement: includes an agreement with an individual landowner and a programmatic agreement. See California Health and Safety Code 117120
• 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.
• Appraisal: A determination of property value.
• Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
• 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.
• 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.
• Baseline conditions: means the existing estimated population size, the extent and quality of habitat, or both population size and the extent and quality of habitat, for the species on the land to be enrolled in the agreement that sustain seasonal or permanent use by the covered species. See California Health and Safety Code 117120
• Bequest: Property gifted by will.
• Business: means any lawful activity, except a farm operation, conducted for any of the following:

  California Insurance Code 1064.5

• Commission: means the Fish and Game Commission, and "commissioner" means a member of the Fish and Game Commission. See California Government Code 51924
• Commissioner: means the Insurance Commissioner of this State. See California Education Code 25022.5
• 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.
• Comparable replacement dwelling: means any dwelling that is all of the following:

  California Insurance Code 1064.5

• Conservatee: includes a limited conservatee. See California Government Code 21260
• Conservator: includes a limited conservator. See California Government Code 21261
• Conservator: means the conservator of the estate, or the limited conservator of the estate to the extent that the powers and duties of the limited conservator are specifically and expressly provided by the order appointing the limited conservator. See California Probate Code 2400
• County: includes city and county. See California Government Code 51925
• County: includes city and county. See California Education Code 19428
• County: includes city and county. See California Education Code 24937
• Court: means the trial court in which the action is pending, unless otherwise specified. See California Government Code 14172
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Declining or vulnerable species: include candidate species, species proposed for listing as an endangered or threatened species pursuant to this chapter, or species that the department determines may, in the near future, be candidate species or proposed for listing as an endangered or threatened species pursuant to this chapter. See California Health and Safety Code 117120
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Department: means the Department of Fish and Wildlife, acting through its director or his or her designee. See California Health and Safety Code 117120
• Department: means the Department of Fish and Wildlife. See California Government Code 51928
• department: means State Department of Health Services. See California Education Code 24943
• department: means the Department of Transportation. See California Education Code 1340
• Dependent: A person dependent for support upon another.
• Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
• Devise: To gift property by will.
• Director: means the Director of Fish and Wildlife. See California Government Code 51929
• Director: means "State Director of Health Services. See California Education Code 24944
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• Displaced person: means both of the following:

  California Insurance Code 1064.5

• Displacing agency: means any public entity or person carrying out a program or project which causes a person to be a displaced person for a public project. See California Insurance Code 1064.5
• District: means fish and game district. See California Government Code 51929.5
• Donee: The recipient of a gift.
• Educational institution: means a school district, a community college district, a state university, the University of California, and the State Department of Education special schools. See California Education Code 32220
• Electronic: means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. See California Government Code 14172
• Electronically stored information: means information that is stored in an electronic medium. See California Government Code 14172
• Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
• Escrow: Money given to a third party to be held for payment until certain conditions are met.
• Estate: means all of the conservatee's or ward's personal property, wherever located, and real property located in this state. See California Probate Code 2400
• 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.
• 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 Government Code 51930
• 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}
• Fund: as used in this chapter , means the Home Purchase Assistance Fund. See California Probate Code 2341
• 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 the governing board of a school district or community college district, the Trustees of the California State University, and the Regents of the University of California. See California Education Code 32220
• Guardian: means the guardian of the estate. See California Probate Code 2400
• interested person: includes any of the following:

  California Government Code 21293

• 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.
• Landowner: means any person or nonstate or federal entity or entities that lawfully hold any interest in land or water to which they are committing to implement the requirements of this article. See California Health and Safety Code 117120
• Lien: A claim against real or personal property in satisfaction of a debt.
• Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• Management actions: means activities on the enrolled land or water that are reasonably expected by the department to provide a net benefit to the species or their habitat, or both. See California Health and Safety Code 117120
• Member of an athletic team: means member of any extramural athletic team engaged in athletic events on or outside the school grounds, maintained or sponsored by the educational institution or a student body organization thereof. See California Education Code 32220
• Misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement.
• Monitoring program: means a program established or approved by the department in accordance with subdivision (f) of Section 2089. See California Health and Safety Code 117120
• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• Mortgage loan: means any residential mortgage loan or multifamily rental housing loan. See California Probate Code 2420
• Mortgage loan: A loan made by a lender to a borrower for the financing of real property. ^{Source: OCC}
• Multifamily rental housing: means any existing structure of more than four dwelling units or any work or undertaking of more than four units of new construction, improvement, or rehabilitation for the provision of housing. See California Probate Code 2420
• Navigable waters: means all public waters of the state in any river, stream, lake, reservoir, or other body of water, including all salt water bays, inlets, and estuaries within the jurisdiction of the state. See California Health and Safety Code 117510
• Net conservation benefit: means the cumulative benefits of the management activities identified in the agreement that provide for an increase in a species' population or the enhancement, restoration, or maintenance of covered species' suitable habitats within the enrolled property. See California Health and Safety Code 117120
• Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
• Person: means any person, association, organization, partnership, business trust, limited liability company, or corporation. See California Education Code 25022
• Person: includes a corporation as well as a natural person. See California Education Code 17389
• Person: means any individual, partnership, corporation, limited liability company, or association. See California Insurance Code 1064.5
• Person: means any natural person or any partnership, corporation, limited liability company, trust, or other type of association. See California Government Code 51941
• Person: means any person, firm, association, organization, partnership, business trust, corporation, limited liability company, or company. See California Education Code 24942
• Plaintiff: The person who files the complaint in a civil lawsuit.
• 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.
• Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
• Process: signifies a writ or summons issued in the course of a judicial proceeding. See California Education Code 17389
• Process: includes a writ or summons issued in the course of judicial proceedings of either a civil or criminal nature. See California Education Code 19431
• Professional fiduciary: means a person who is a professional fiduciary as defined under subdivision (f) of Section 6501 of the Business and Professions Code. See California Government Code 21312
• Property: includes both personal and real property. See California Education Code 17389
• Property: includes real and personal property. See California Education Code 18743
• Public entity: includes the state, the Regents of the University of California, a county, city, city and county, district, public authority, public agency, and any other political subdivision or public corporation in the state or any entity acting on behalf of these agencies when acquiring real property, or any interest therein, in any city or county for public use, and any person who has the authority to acquire property by eminent domain under state law. See California Insurance Code 1064.5
• Purchase: means "buy" as defined in Section 24. See California Government Code 51942
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
• Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
• Return to baseline: means , at the termination of an agreement, activities undertaken by the landowner to return the species population or extent or quality of habitat to baseline, excluding catastrophic events such as floods, unplanned fires, or earthquakes, and other factors mutually agreed upon before permit issuance and that are beyond the control of the landowner. See California Health and Safety Code 117120
• Revocable trust: A trust agreement that can be canceled, rescinded, revoked, or repealed by the grantor (person who establishes the trust).
• Right of survivorship: The ownership rights that result in the acquisition of title to property by reason of having survived other co-owners.
• Security: includes any note, stock, treasury stock, bond, debenture, evidence of indebtedness, certificate of interest or participation in an oil, gas, or mining title or lease or in payments out of production under such a title or lease, collateral trust certificate, transferable share, voting trust certificate or, in general, any interest or instrument commonly known as a security, or any certificate of interest or participation, any temporary or interim certificate, receipt, or certificate of deposit for, or any warrant or right to subscribe to or purchase, any of the foregoing. See California Government Code 21320
• Sell: includes offer or possess for sale, barter, exchange, or trade. See California Government Code 51945
• State: means the State of California, unless applied to the different parts of the United States. See California Education Code 32033
• State: includes the District of Columbia and the territories when applied to the different parts of the United States, and the words "United States" may include the district and territories. See California Education Code 17389
• State: means the State of California, unless applied to the different parts of the United States. See California Government Code 51950
• State: means the State of California, unless applied to the different parts of the United States. See California Education Code 25000.5
• State: includes any state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possession subject to the legislative authority of the United States. See California Government Code 21325
• Statute: A law passed by a legislature.
• Student body organization: means any student organization under supervision of the educational institution or its officers. See California Education Code 32220
• Subdivision: means a subdivision of the section in which that term occurs unless some other section is expressly mentioned. See California Government Code 51944
• Subpoena: A command to a witness to appear and give testimony.
• Take: means hunt, pursue, catch, capture, or kill, or attempt to hunt, pursue, catch, capture, or kill. See California Government Code 51951
• Taxable securities: means securities bearing interest that is otherwise taxable under the personal income tax provisions of federal tax law and which are issued to finance the purchase or making of mortgage loans pursuant to this chapter. See California Probate Code 2420
• 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.
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
• transaction: includes , but is not limited to, making a contract, sale, transfer, or conveyance, incurring a debt or encumbering property, making a gift, delegating a power, and waiving a right. See California Probate Code 1870
• Trust company: means an entity that has qualified to engage in and conduct a trust business in this state. See California Government Code 21335
• 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}
• Venue: The geographical location in which a case is tried.
• Vessel: means every description of craft or other contrivance used, or capable of being used, as a means of transportation in or on water. See California Health and Safety Code 117510
• 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 Government Code 52001
• Writ: means an order or precept in writing, issued in the name of the people, or of a court or judicial officer. See California Education Code 17389