Terms Used In California Codes > Labor Code > Division 2 > Part 9

• Agency: means the Labor and Workforce Development Agency. See California Labor Code 18.5
• 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.
• Appraisal: A determination of property value.
• 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.
• automobile dismantler: is a ny person not otherwise expressly excluded by Section 221 who:

  California Vehicle Code 220

• business: includes a proprietorship, partnership, corporation, and any other form of commercial enterprise. See California Vehicle Code 234
• Child care and development programs: means those programs that offer a full range of services for children from infancy to 13 years of age, for any part of a day, by a public or private agency, in centers and family child care homes. See California Education Code 8208
• Child care and development services: means those services designed to meet a wide variety of needs of children and their families, while their parents or guardians are working, in training, seeking employment, incapacitated, or in need of respite. See California Education Code 8208
• Children with exceptional needs: means either of the following:

  California Education Code 8208

• City: includes every city and city and county within this State. See California Vehicle Code 255
• Commercial dealer: means any person who deals in products or who otherwise by his or her occupation holds himself or herself out as having knowledge or skill peculiar to products, or any person who is in the business of remanufacturing, retrofitting, selling, leasing, subletting, or otherwise placing into the stream of commerce, a product. See California Health and Safety Code 108042
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Conviction: A judgement of guilt against a criminal defendant.
• Cost: includes , but is not limited to, expenditures that are related to the operation of child care and development programs. See California Education Code 8208
• County: includes every county and city and county within this State. See California Vehicle Code 270
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Dealer: is a person not otherwise expressly excluded by Section 286 who:

  California Vehicle Code 285

• Department: means the State Department of Health Services. See California Health and Safety Code 112500
• Department: means Department of Industrial Relations. See California Labor Code 19
• Dependent: A person dependent for support upon another.
• Director: means "State Director of Health Services. See California Health and Safety Code 21
• Director: means the Director of Industrial Relations. See California Labor Code 3700.1
• directors: as used in this part , means the board of directors of the district. See California Public Utilities Code 30006
• distributor: is a ny person other than a manufacturer who sells or distributes new vehicles subject to registration under this code, new trailers subject to identification pursuant to Section 5014. See California Vehicle Code 296
• distributor branch: is a n office maintained by a distributor for the sale of new vehicles or new trailers subject to identification pursuant to Section 5014. See California Vehicle Code 297
• District: as used in this part , means the Southern California Rapid Transit District. See California Public Utilities Code 30004
• driver: is a person who drives or is in actual physical control of a vehicle. See California Vehicle Code 305
• driving school: is a business which, for compensation, conducts or offers to conduct instruction in the operation of motor vehicles. See California Vehicle Code 310.6
• employees: means the employees of the fire departments and fire services of the State, counties, cities, cities and counties, districts, and other political subdivisions of the State. See California Labor Code 1961
• employer: means :

  California Labor Code 3300

• End consumer: means a person who purchases a product for any purpose other than resale. See California Health and Safety Code 108042
• 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.
• 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.
• expressway: is a portion of highway that is part of either of the following:

  California Vehicle Code 314

• Factory-built housing: is a structure as defined in Section 19971 of the Health and Safety Code. See California Vehicle Code 321
• 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.
• First seller: means any retailer selling a product that has not been used or has not previously been owned. See California Health and Safety Code 108042
• 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.
• Food: means any article used by man for food, drink, confectionery or condiment, or which enters into the composition thereof, whether simple, blended, mixed or compounded. See California Health and Safety Code 112500
• for hire: means that the entity providing transportation services is compensated for the transportation under contract or agreement. See California Vehicle Code 462
• Frozen: means food frozen in a room or compartment in which the temperature is plus 5 degrees Fahrenheit or lower. See California Health and Safety Code 112500
• Highway: is a way or place of whatever nature, publicly maintained and open to the use of the public for purposes of vehicular travel. See California Vehicle Code 360
• Household: means any product used under any of the following circumstances:

  California Health and Safety Code 108755

• Importer: means any person who brings into this country, and places into the stream of commerce, a product. See California Health and Safety Code 108042
• improvements pertaining to the realty: include any machinery or equipment installed for use on property taken by eminent domain, or on the remainder if such property is part of a larger parcel, that cannot be removed without a substantial economic loss or without substantial damage to the property on which it is installed, regardless of the method of installation. See California Code of Civil Procedure 1263.205
• Incurred liabilities for the payment of compensation: means the sum of an estimate of future compensation, as compensation is defined by Section 3207, plus an estimate of the amount necessary to provide for the administration of claims, including legal costs. See California Labor Code 3700.1
• injury: as used in this division , includes cancer, including leukemia, that develops or manifests itself during a period in which any member described in subdivision (a) is in the service of the department or unit, if the member demonstrates that he or she was exposed, while in the service of the department or unit, to a known carcinogen as defined by the International Agency for Research on Cancer, or as defined by the director. See California Labor Code 3212.1
• Labor Commissioner: means Chief of the Division of Labor Standards Enforcement. See California Labor Code 21
• 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}
• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• Lien: A claim against real or personal property in satisfaction of a debt.
• Liquid: means a liquid preparation that flows readily in its natural state at room temperature containing one or more soluble chemical substances usually dissolved in water or other solvents. See California Health and Safety Code 108755
• Local educational agency: means a school district, a county office of education, a community college district, or a school district acting on behalf of one or more schools within the school district. See California Education Code 8208
• Locker: means the individual sections or compartments of a capacity of not to exceed 25 cubic feet in the locker room of a frozen food locker plant. See California Health and Safety Code 112500
• Manufacturer: means any person who makes, and places into the stream of commerce, a product. See California Health and Safety Code 108042
• manufacturer branch: is a n office maintained by a manufacturer for the sale of new vehicles to dealers or for directing or supervising in whole or in part the manufacturer's representatives. See California Vehicle Code 389
• Member: means a private self-insurer which participates in the Self-Insurers' Security Fund. See California Labor Code 3700.1
• Misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement.
• Mistrial: An invalid trial, caused by fundamental error. When a mistrial is declared, the trial must start again from the selection of the jury.
• motor vehicle: includes a recreational vehicle as that term is defined in subdivision (a) of Section 18010 of the Health and Safety Code, but does not include a truck camper. See California Vehicle Code 415
• 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.
• Operator: means any person, firm or corporation operating or maintaining a frozen food locker plant. See California Health and Safety Code 112500
• owner: is a person having all the incidents of ownership, including the legal title of a vehicle whether or not such person lends, rents, or creates a security interest in the vehicle. See California Vehicle Code 460
• 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.
• Person: means a natural person, firm, corporation, limited liability company, or association, or an employee or agent thereof. See California Health and Safety Code 108042
• Person: means any person, association, organization, partnership, business trust, limited liability company, or corporation. See California Labor Code 18
• Person: includes a natural person, firm, copartnership, association, limited liability company, or corporation. See California Vehicle Code 470
• Plaintiff: The person who files the complaint in a civil lawsuit.
• 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.
• Private self-insurer: means a private employer which has secured the payment of compensation pursuant to Section 3701. See California Labor Code 3700.1
• Processor: means an establishment in which, for compensation directly or indirectly, meat or meat products are cut, wrapped, or frozen to be delivered for frozen storage by the ultimate consumer. See California Health and Safety Code 112500
• Product: means any article, or component part thereof, produced or distributed (1) for sale to a consumer for use in or around a permanent or temporary household or residence, a school, in recreation, or otherwise, or (2) for personal use, consumption, or enjoyment of a consumer in or around a permanent or temporary household or residence, a school, in recreation, or otherwise. See California Health and Safety Code 108042
• Property: includes both personal and real property. See California Code of Civil Procedure 17
• Rapid transit: as used in this part , means the transportation of passengers only and their incidental baggage by means other than by chartered bus, sightseeing bus, taxi, or any other motor vehicle not on an individual passenger fare paying basis, except as otherwise provided in subdivision (b). See California Public Utilities Code 30005
• Recall: includes a voluntary recall where a product is returned to the manufacturer for repair or replacement, usually due to defects or safety concerns, or public notice that a product is defective and must be returned to the manufacturer or retailer. See California Health and Safety Code 108042
• 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}
• Registration service: includes , but is not limited to, a person who, for compensation, processes registration documents, conducts lien sales, or processes vehicle dismantling documents. See California Vehicle Code 505.2
• remanufacturer: is a ny person who for commission, money, or other thing of value, produces a vehicle that consists of any used or reconditioned integral parts, including, but not limited to, frame, engine, transmission, axles, brakes, or suspension which is subject to registration under this code. See California Vehicle Code 507.8
• Resident: means any person who manifests an intent to live or be located in this state on more than a temporary or transient basis. See California Vehicle Code 516
• Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
• Retailer: means any person other than a manufacturer, distributor, or wholesaler who sells, distributes, sublets, or leases consumer goods of any kind. See California Health and Safety Code 108042
• sale: means a transfer for consideration of title or of the right to use, by lease or sales contract, including, but not limited to, transactions conducted through sales outlets, catalogs, or the Internet or any other similar electronic means. See California Health and Safety Code 108042
• 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.
• Teacher: means a person with the appropriate permit issued by the Commission on Teacher Credentialing who provides program supervision and instruction that includes supervision of a number of aides, volunteers, and groups of children. See California Education Code 8208
• Temperature: means the average air temperature in refrigerated rooms. See California Health and Safety Code 112500
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Toxic household product: means any substance or mixture of substances that are customarily produced or distributed for sale for use in or about the household, or are customarily stored by individuals in or about the household, and the substance or mixture of substances have the capacity to produce significant personal injury or illness to humans when orally ingested in moderate amounts. See California Health and Safety Code 108755
• traffic: includes pedestrians, ridden animals, vehicles, street cars, and other conveyances, either singly or together, while using any highway for purposes of travel. See California Vehicle Code 620
• trailer: includes a semitrailer when used in conjunction with an auxiliary dolly, if the auxiliary dolly is of a type constructed to replace the function of the drawbar and the front axle or axles of a trailer. See California Vehicle Code 630
• Trustees: means the Board of Trustees of the Self-Insurers' Security Fund. See California Labor Code 3700.1
• vehicle: is a device by which any person or property may be propelled, moved, or drawn upon a highway, excepting a device moved exclusively by human power or used exclusively upon stationary rails or tracks. See California Vehicle Code 670
• Violation: includes a failure to comply with any requirement of the code. See California Labor Code 22
• wholesaler: means any person, other than a manufacturer or retailer, who sells or resells, or otherwise places into the stream of commerce, a product. See California Health and Safety Code 108042
• Writ: A formal written command, issued from the court, requiring the performance of a specific act.