Chapter 1 Of the Arraignment of the Defendant
Chapter 2 Setting Aside the Indictment or Information
Chapter 2.2 Career Criminals
Chapter 2.3 Repeat Sexual Offenders
Chapter 2.4 Child Abusers
Chapter 2.5 Special Proceedings in Narcotics and Drug Abuse Cases
Chapter 2.55 Deferred Entry of Judgment Pilot Program
Chapter 2.6 Deferred Entry of Judgment Reentry Program
Chapter 2.65 Child Abuse and Neglect Counseling
Chapter 2.7 Misdemeanor Diversion
Chapter 2.75 Diversion Fees
Chapter 2.8 Diversion of Defendants With Cognitive Developmental Disabilities
Chapter 2.8A Diversion of Individuals with Mental Disorders
Chapter 2.81 Pretrial Diversion of Traffic Violators
Chapter 2.9 Diversion of Misdemeanor Offenders
Chapter 2.9A Bad Check Diversion
Chapter 2.9B Parental Diversion
Chapter 2.9C Military Diversion Program
Chapter 2.9D Repeat Theft Crimes Diversion or Deferred Entry of Judgment Program
Chapter 2.9E Primary Caregiver Diversion
Chapter 2.92 Law Enforcement Assisted Diversion (LEAD) Pilot Program
Chapter 2.95 Diversion Restitution Fee
Chapter 3 Demurrer and Amendment
Chapter 4 Plea
Chapter 5 Transmission of Certain Indictments and Information
Chapter 6 Change of Venue
Chapter 7 The Mode of Trial
Chapter 8 Formation of the Trial Jury and theCalendar of Issues for Trial
Chapter 9 Postponement of the Trial
Chapter 10 Discovery

Terms Used In California Codes > Penal Code > Part 2 > Title 6 - PLEADINGS AND PROCEEDINGS BEFORE TRIAL

  • Abstract of judgment: In a federal criminal proceeding, A certification from a U.S. District Court clerk that a judgment of restitution was entered against the defendant owing to the victim. If the defendant inherits, owns, or sells real property or holdings, these assets can then be attached at the state and local levels as well.
  • Account: means the pertinent account established under subdivision (b). See California Education Code 17078.52
  • Account: means an arrangement under a terms-of-service agreement in which the custodian carries, maintains, processes, receives, or stores a digital asset of the user or provides goods or services to the user. See California Probate Code 871
  • Acquire: includes purchase, condemnation, lease, and gift. See California Government Code 15802
  • Acquittal:
    1. Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
    2. A verdict of "not guilty."
     
  • Act: means the California Consumer Power and Conservation Financing Authority Act. See California Public Utilities Code 3302
  • act: as used in this division , means the Improvement Bond Act of 1915. See California Streets and Highways Code 9517
  • Action: includes a civil action and a criminal action. See California Evidence Code 105
  • Adjourn: A motion to adjourn a legislative chamber or a committee, if passed, ends that day's session.
  • Adult day program: means any community-based facility or program that provides care to persons 18 years of age or older in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of these individuals on less than a 24-hour basis. See California Health and Safety Code 1502
  • Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
  • Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
  • Agency: means the Resources Agency. See California Public Resources Code 5812
  • Allegation: something that someone says happened.
  • ammunition: includes , but is not limited to, any bullet, cartridge, magazine, clip, speed loader, autoloader, ammunition feeding device, or projectile capable of being fired from a firearm with a deadly consequence. See California Penal Code 16150
  • ammunition vendor: means any person, firm, corporation, or other business enterprise that holds a current ammunition vendor license issued pursuant to Section 30385. See California Penal Code 16151
  • Amortization: Paying off a loan by regular installments.
  • Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
  • 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.
  • application to purchase: means either of the following:

    California Penal Code 16190

  • Appraisal: A determination of property value.
  • Arbitration: means a method of resolving a rights dispute under which the parties to a controversy must accept the award of a third party. See California Government Code 3562
  • Area: means the Mendocino Woodlands Special Treatment Area within the Jackson State Forest, consisting of 2,550 acres, more or less, of state-owned lands lying within the south half of Section 12 of. See California Public Resources Code 5823
  • 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.
  • assault weapon: means the following designated semiautomatic firearms:

    California Penal Code 30510

  • 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
  • At large: means the election of members of the board of directors all of whom are elected by the voters of the entire district. See California Government Code 61002
  • Attorney-in-fact: A person who, acting as an agent, is given written authorization by another person to transact business for him (her) out of court.
  • Authority: means the California School Finance Authority established pursuant to Section 17172. See California Education Code 17078.52
  • Authority: means the Tri-Valley-San Joaquin Valley Regional Rail Authority created under this chapter. See California Public Utilities Code 132651
  • Authority: means the California Consumer Power and Conservation Financing Authority established pursuant to Section 3320 and any board, commission, department, or officer succeeding to the functions thereof, or to whom the powers conferred upon the authority by this division shall be given by law. See California Public Utilities Code 3302
  • 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.
  • Bailiff: a court officer who enforces the rules of behavior in courtrooms.
  • ballot: means any of the following:

    California Elections Code 301

  • Ballot label: means that portion of the ballot containing the names of the candidates or a statement of a measure. See California Elections Code 303
  • 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.
  • basic firearms safety certificate: means a certificate issued before January 1, 2003, by the Department of Justice pursuant to former Article 8 (commencing with Section 12800) of Chapter 6 of Title 2 of Part 4, as that article read at any time from when it became operative on January 1, 1992, to when it was repealed on January 1, 2003. See California Penal Code 16240
  • Beneficiary: means a person to whom a donative transfer of property is made or that person's successor in interest, and:

    California Probate Code 24

  • Bequest: Property gifted by will.
  • board: means the California Department of Tax and Fee Administration. See California Revenue and Taxation Code 20
  • Board: means the Public Employment Relations Board created pursuant to Section 3541. See California Government Code 3540.1
  • Board: means the Public Employment Relations Board established pursuant to Section 3513. See California Government Code 3562
  • board: means the Livestock Identification Advisory Board. See California Food and Agricultural Code 20461
  • Board: means the governing board of the authority. See California Public Utilities Code 132651
  • Board: means the Board of Directors of the California Consumer Power and Conservation Financing Authority. See California Public Utilities Code 3302
  • board: means a county transit development board created pursuant to Chapter 2 (commencing with Section 120050). See California Public Utilities Code 120001
  • board: means the board of directors of the district. See California Public Utilities Code 125050
  • board: means the State Public Works Board, and "director" means Director of General Services. See California Government Code 15752
  • Board: means the State Public Works Board. See California Government Code 15802
  • Board of directors: means the board of directors of a district that establishes policies for the operation of the district. See California Government Code 61002
  • Bona fide association: means an organization of employees and former employees of an agency of the state and the California State University, and which does not have as one of its purposes representing these employees in their employer-employee relations. See California Government Code 1150
  • Bond purchase agreement: means a contractual agreement executed between the authority and an underwriter or underwriters and, where appropriate, a participating party, whereby the authority agrees to sell bonds issued pursuant to this division. See California Public Utilities Code 3302
  • Bonds: means bonds, including structured, senior, and subordinated bonds or other securities. See California Public Utilities Code 3302
  • Bonds: means revenue bonds, notes, including commercial paper notes or other forms of negotiable short-term indebtedness, or bond anticipation notes issued to finance prison facilities, interest during construction of prison facilities, reserve funds, and costs of issuance of the bonds, as the board may determine. See California Government Code 15819.1
  • book: signifies the recordation of an arrest in official police records, and the taking by the police of fingerprints and photographs of the person arrested, or any of these acts following an arrest. See California Penal Code 7
  • Budget authority: Authority provided by law to enter into obligations that will result in outlays of Federal funds. Budget authority may be classified by the period of availability (one-year, multiyear, no-year), by the timing of congressional action (current or permanent), or by the manner of determining the amount available (definite or indefinite).
  • Budget resolution: Legislation in the form of a concurrent resolution setting forth the budget. The budget resolution establishes various budget totals, divides spending totals into functional categories (e.g., transportation), and may include reconciliation instructions to designated committees.
  • Burden of producing evidence: means the obligation of a party to introduce evidence sufficient to avoid a ruling against him on the issue. See California Evidence Code 110
  • Burden of proof: means the obligation of a party to establish by evidence a requisite degree of belief concerning a fact in the mind of the trier of fact or the court. See California Evidence Code 115
  • bus: is a ny vehicle, including a trailer bus, designed, used, or maintained for carrying more than 15 persons including the driver. See California Vehicle Code 233
  • Bushy Lake: means a body of water in the Bushy Lake area with approximately 11 acres of water surface in the summer and approximately 80 acres in the winter. See California Public Resources Code 5831
  • Bushy Lake area: means that portion of the California Exposition flood plain bounded by the continuous line enclosing Bushy Lake, which line is 100 feet outside the 25-foot elevation contour line as limited on the north side by the waterside toe of the levee and as limited on the west side by a line 100 feet east of State Highway Route 80 as it exists on January 1, 1977. See California Public Resources Code 5831
  • Business: includes every kind of business described in Section 1270. See California Evidence Code 1560
  • business: includes a proprietorship, partnership, corporation, and any other form of commercial enterprise. See California Vehicle Code 234
  • By divisions: means the election of members of the board of directors who are residents of the division from which they are elected only by voters of the division. See California Government Code 61002
  • California Exposition flood plain: means that portion of state-owned California Exposition land in the American River flood plain as it exists on January 1, 1977. See California Public Resources Code 5831
  • candidate: includes any officeholder who is subject to a recall election. See California Elections Code 305
  • Case law: The law as laid down in cases that have been decided in the decisions of the courts.
  • Catalogue of electronic communications: means information that identifies each person with which a user has had an electronic communication, the time and date of the communication, and the electronic address of the person. See California Probate Code 871
  • CCW: means "carry concealed weapons. See California Penal Code 16360
  • Center: means the Mendocino Woodlands Outdoor Center, consisting of 720 acres, more or less, of state-owned land and improvements located within the east half of the Northeast Quarter and the east half of the Southeast Quarter of Section 13 of the east half and southwest quarter of the Northeast Quarter and the east half and southwest quarter of the Southeast Quarter of Section 24 of T. See California Public Resources Code 5823
  • certificated members: shall mean members who retain membership under this system while employed in positions subject to coverage under the Defined Benefit Program under the State Teachers' Retirement System. See California Government Code 20636.1
  • certified employee organization: means an organization that has been certified by the board as the exclusive representative of the public school employees in an appropriate unit after a proceeding under Article 5 (commencing with Section 3544). See California Government Code 3540.1
  • certified family home: means an individual or family certified by a licensed foster family agency and issued a certificate of approval by that agency as meeting licensing standards, and used exclusively by that foster family agency for placements. See California Health and Safety Code 1506
  • chamber load indicator: means a device that plainly indicates that a cartridge is in the firing chamber. See California Penal Code 16380
  • Chambers: A judge's office.
  • Changes: as used in this chapter shall include corrections, alterations, modifications, additions, omissions, increases or decreases. See California Streets and Highways Code 10350
  • Charitable purpose: means the relief of poverty, the advancement of education or religion, the promotion of health, the promotion of a governmental purpose, or any other purpose the achievement of which is beneficial to the community. See California Probate Code 18502
  • Circulating title and summary: means the text that is required to be placed on a petition for signatures that is either one of the following:

    California Elections Code 303.5

  • City: includes "city and county" and "incorporated town. See California Streets and Highways Code 15
  • City: includes every city and city and county within this State. See California Vehicle Code 255
  • City: includes city and county and "incorporated town" but does not include "unincorporated town" or "village. See California Public Utilities Code 19
  • City: includes incorporated city, city and county, municipal corporation, municipality, town, and incorporated town. See California Revenue and Taxation Code 14
  • Civil action: includes civil proceedings. See California Evidence Code 120
  • Claim: means a demand for payment for any of the following, whether due, not due, accrued or not accrued, or contingent, and whether liquidated or unliquidated:

    California Probate Code 9000

  • 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
  • client: means a person who, directly or through an authorized representative, consults a lawyer for the purpose of retaining the lawyer or securing legal service or advice from him in his professional capacity, and includes an incompetent (a) who himself so consults the lawyer or (b) whose guardian or conservator so consults the lawyer in behalf of the incompetent. See California Evidence Code 951
  • commercial vehicle: is a motor vehicle of a type required to be registered under this code used or maintained for the transportation of persons for hire, compensation, or profit or designed, used, or maintained primarily for the transportation of property. See California Vehicle Code 260
  • commission: means the California Transportation Commission. See California Streets and Highways Code 22
  • Commission: means the California Transportation Commission. See California Government Code 14501
  • commission: means a county transportation commission created pursuant to Chapter 2 (commencing with Section 130050). See California Public Utilities Code 130002
  • commission: means the California Transportation Commission. See California Government Code 14002.5
  • Commission: means the Public Utilities Commission created by Section 1 of Article XII of the California Constitution, and "commissioner" means a member of the commission. See California Public Utilities Code 20
  • Commissioner: means any county agricultural commissioner. See California Food and Agricultural Code 26
  • commissioner: includes a commissioner who is employed pursuant to Section 2124. See California Food and Agricultural Code 2241
  • committee: means the Garlic and Onion Dehydrator Advisory Committee. See California Food and Agricultural Code 41861
  • 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 care facility: means any facility, place, or building that is maintained and operated to provide nonmedical residential care, day treatment, adult daycare, or foster family agency services for children, adults, or children and adults, including, but not limited to, the physically handicapped, mentally impaired, incompetent persons, and abused or neglected children, and includes the following:

    California Health and Safety Code 1502

  • Community crisis home: means a facility certified by the State Department of Developmental Services pursuant to Article 8 (commencing with Section 4698) of Chapter 6 of Division 4. See California Health and Safety Code 1502
  • Community property: means :

    California Probate Code 28

  • Community treatment facility: means any residential facility that provides mental health treatment services to children in a group setting and that has the capacity to provide secure containment. See California Health and Safety Code 1502
  • compensation: means the remuneration paid out of funds controlled by the employer in payment for the member's services performed during normal working hours or for time during which the member is excused from work because of any of the following:

    California Government Code 20630

  • 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.
  • Conduct: includes all active and passive behavior, both verbal and nonverbal. See California Evidence Code 125
  • confidential communication: means any information, including, but not limited to, written or oral communication, transmitted between the victim and the counselor in the course of their relationship and in confidence by a means which, so far as the victim is aware, discloses the information to no third persons other than those who are present to further the interests of the victim in the consultation or those to whom disclosures are reasonably necessary for the transmission of the information or an accomplishment of the purposes for which the domestic violence counselor is consulted. See California Evidence Code 1037.2
  • Confidential communication: includes all information regarding the facts and circumstances relating to all incidences of human trafficking, as well as all information about the children of the victim and the relationship of the victim to the human trafficker. See California Evidence Code 1038.2
  • Connectivity: means one or more projects necessary to achieve transit connectivity between BART's rapid transit system and the San Joaquin Regional Rail Commission's Altamont Corridor Express commuter rail service, and to provide quality, seamless service to riders using the services operating between the Tri-Valley and the San Joaquin Valley. See California Public Utilities Code 132651
  • Conservatee: includes a limited conservatee. See California Probate Code 29
  • Conservator: includes a limited conservator. See California Probate Code 30
  • Construction: includes :

    California Streets and Highways Code 29

  • Construction: includes the extension, enlargement, repair, renovation, restoration, improvement, furnishing, and equipping of any public building. See California Government Code 15802
  • consultant-evaluator: means a consultant or evaluator who, in the course of that person's profession is loaned firearms from a person licensed pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code and the regulations issued pursuant thereto, for research or evaluation, and has a current certificate of eligibility issued pursuant to Section 26710. See California Penal Code 16410
  • Content of an electronic communication: means information concerning the substance or meaning of the communication, which meets all of the following requirements:

    California Probate Code 871

  • Continuance: Putting off of a hearing ot trial until a later time.
  • Controller: means the State Controller. See California Revenue and Taxation Code 21
  • cooperative bargaining association: means a farmer association which is organized and functioning pursuant to Chapter 1 (commencing with Section 54001) of this division, for the purpose of group bargaining between its producer members and the first handler or processor, with respect to the sale of any agricultural commodity except milk, cotton, or cottonseed. See California Food and Agricultural Code 54401
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Costs: as used in this article , means direct costs only in the administration and enforcement of this division at places other than places operated by retail merchants, as that term is described in Section 56161. See California Food and Agricultural Code 43063
  • costs: includes only the following:

    California Code of Civil Procedure 1297.411

  • costs incurred by the county: means all costs, except normal salaries and expenses, incurred by the county in bringing to trial or trials, including the trial or trials of, a person or persons for the offense of homicide, including costs, except normal salaries and expenses, incurred by the district attorney in investigation and prosecution, by the sheriff in investigation, by the public defender or court-appointed attorney or attorneys in investigation and defense, and all other costs, except normal salaries and expenses, incurred by the county in connection with bringing the person or persons to trial including the trial itself, which include extraordinary expenses for such services as witness fees and expenses, court-appointed expert witness fees and expenses, reporter fees, and costs in preparing transcripts. See California Government Code 15201
  • County: includes city and county. See California Food and Agricultural Code 29
  • County: includes city and county. See California Government Code 19
  • County: includes every county and city and county within this State. See California Vehicle Code 270
  • county: includes "city and county". See California Penal Code 7
  • County: includes "city and county. See California Corporations Code 14
  • County: includes "city and county. See California Public Resources Code 14
  • County: includes city and county. See California Public Utilities Code 18
  • County: includes city and county. See California Revenue and Taxation Code 15
  • county highway: means any highway which is:

    California Streets and Highways Code 25

  • Court: means the superior court presiding over the judicial proceedings which have been initiated under this code to administer the estate of the deceased user, or, if none, the superior court sitting in the exercise of jurisdiction under this code in the county of the user's domicile, and the court, as defined in this section, shall have exclusive jurisdiction over proceedings brought under this part. See California Probate Code 871
  • Crisis nursery: means a facility licensed by the department to operate a program pursuant to Section 1516 to provide short-term care and supervision for children under six years of age who are voluntarily placed for temporary care by a parent or legal guardian due to a family crisis or stressful situation. See California Health and Safety Code 1502
  • Custodian: means a person that carries, maintains, processes, receives, or stores a digital asset of a user. See California Probate Code 871
  • 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

  • Decedent: A deceased person.
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Defense attorney: Represent defendants in criminal matters.
  • Department: means the Department of Transportation of this state. See California Streets and Highways Code 20
  • Department: means the Department of Transportation. See California Government Code 14501
  • Department: means the Department of Food and Agriculture. See California Food and Agricultural Code 32
  • Department: means the Department of Parks and Recreation. See California Public Resources Code 5823
  • Department: means the Department of Motor Vehicles except, when used in Chapter 2 (commencing with Section 2100) of Division 2 and in Divisions 11 (commencing with Section 21000), 12 (commencing with Section 24000), 13 (commencing with Section 29000), 14 (commencing with Section 31600), 14. See California Vehicle Code 290
  • Department: means the Department of Transportation. See California Government Code 14002.5
  • Department: means the Department of Human Resources. See California Government Code 19815
  • department: means the Department of Parks and Recreation and "director" means the Director of Parks and Recreation. See California Public Resources Code 5001.1
  • department: means the Department of General Services. See California Government Code 14977
  • Departments: means the Department of Parks and Recreation, the Department of Fish and Game, and the California Coastal Conservancy. See California Public Resources Code 5812
  • Designated recipient: means a person chosen by a user using an online tool to administer digital assets of the user. See California Probate Code 871
  • Devise: To gift property by will.
  • Digital asset: means an electronic record in which an individual has a right or interest. See California Probate Code 871
  • Director: means the director of the department. See California Streets and Highways Code 21
  • director: refer to the Department of General Services and the Director of General Services, respectively, unless the context otherwise requires. See California Government Code 14602
  • Director: means the Director of Social Services. See California Health and Safety Code 1502
  • Director: means the Director of Transportation. See California Government Code 14002.5
  • Director: means the Director of the Department of Human Resources. See California Government Code 19815
  • directors: means natural persons, designated in the articles or bylaws or elected by the incorporators, and their successors and natural persons designated, elected, or appointed by any other name or title to act as members of the governing body of the corporation. See California Corporations Code 5047
  • 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 any regional park or open-space district formed pursuant to Article 3 (commencing with Section 5500) of Chapter 3 of Division 5 and any recreation and park district formed pursuant to Chapter 4 (commencing with Section 5780) of Division 5. See California Public Resources Code 5902
  • district: means the North County Transit District. See California Public Utilities Code 125001
  • district: means any agency of the state formed pursuant to general law or special act, for the local performance of governmental or proprietary functions within limited boundaries. See California Government Code 1090
  • District: means a community services district created pursuant to this division or any of its statutory predecessors. See California Government Code 61002
  • Division: means the Public Safety Communications Division established by this part. See California Government Code 15251
  • Division: means the Division of Labor Relations. See California Government Code 19815
  • Docket: A log containing brief entries of court proceedings.
  • domestic violence: means "domestic violence" as defined in Section 6211 of the Family Code. See California Evidence Code 1037.7
  • domestic violence: means abuse perpetrated against any of the following persons:

    California Penal Code 16490

  • domestic violence counselor: means a person who is employed by a domestic violence victim service organization, as defined in this article, whether financially compensated or not, for the purpose of rendering advice or assistance to victims of domestic violence and who has at least 40 hours of training as specified in paragraph (2). See California Evidence Code 1037.1
  • domestic violence victim service organization: means either of the following:

    California Evidence Code 1037.1

  • Donee: The recipient of a gift.
  • Donor: The person who makes a gift.
  • driver: is a person who drives or is in actual physical control of a vehicle. See California Vehicle Code 305
  • drop safety requirement for handguns: means that at the conclusion of the firing requirements for handguns described in Section 31905, the same certified independent testing laboratory shall subject the same three handguns of the make and model for which certification is sought, to the following test:

    California Penal Code 31900

  • drug: means any substance or combination of substances, other than alcohol, which could so affect the nervous system, brain, or muscles of a person as to impair, to an appreciable degree, his ability to drive a vehicle in the manner that an ordinarily prudent and cautious man, in full possession of his faculties, using reasonable care, would drive a similar vehicle under like conditions. See California Vehicle Code 312
  • duplicate: is a counterpart produced by the same impression as the original, or from the same matrix, or by means of photography, including enlargements and miniatures, or by mechanical or electronic rerecording, or by chemical reproduction, or by other equivalent technique which accurately reproduces the original. See California Evidence Code 260
  • Election: means any election including a primary that is provided for under this code. See California Elections Code 318
  • Elections official: means any of the following:

    California Elections Code 320

  • elective officer: includes any officer of the Senate or Assembly who is elected by vote of the members of either or both of the houses of the Legislature, and any appointive officer of a city or county occupying a fixed term of office, as well as officers of the state or contracting agencies elected by the people, and persons elected to a city council or a county board of supervisors. See California Government Code 20322
  • 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: means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. See California Probate Code 871
  • Electronic transmission by the corporation: means a communication (a) delivered by (1) facsimile telecommunication or electronic mail when directed to the facsimile number or electronic mail address, respectively, for that recipient on record with the corporation, (2) posting on an electronic message board or network which the corporation has designated for those communications, together with a separate notice to the recipient of the posting, which transmission shall be validly delivered upon the later of the posting or delivery of the separate notice thereof, or (3) other means of electronic communication, (b) to a recipient who has provided an unrevoked consent to the use of those means of transmission for communications under or pursuant to this code, and (c) that creates a record that is capable of retention, retrieval, and review, and that may thereafter be rendered into clearly legible tangible form. See California Corporations Code 20
  • Electronic transmission to the corporation: means a communication (a) delivered by (1) facsimile telecommunication or electronic mail when directed to the facsimile number or electronic mail address, respectively, which the corporation has provided from time to time to shareholders or members and directors for sending communications to the corporation, (2) posting on an electronic message board or network which the corporation has designated for those communications, and which transmission shall be validly delivered upon the posting, or (3) other means of electronic communication, (b) as to which the corporation has placed in effect reasonable measures to verify that the sender is the shareholder or member (in person or by proxy) or director purporting to send the transmission, and (c) that creates a record that is capable of retention, retrieval, and review, and that may thereafter be rendered into clearly legible tangible form. See California Corporations Code 21
  • 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 a person employed by a public school employer except persons elected by popular vote, persons appointed by the Governor of this state, management employees, and confidential employees. See California Government Code 3540.1
  • Employee organization: means an organization that includes employees of a public school employer and that has as one of its primary purposes representing those employees in their relations with that public school employer. See California Government Code 3540.1
  • Employee organization: means any organization of any kind in which higher education employees participate and that exists for the purpose, in whole or in part, of dealing with higher education employers concerning grievances, labor disputes, wages, hours, and other terms and conditions of employment of employees. See California Government Code 3562
  • Employee organization: means an organization which represents employees of a public employer and that has been recognized or certified by the public employer or the Public Employment Relations Board as the exclusive representative of the employees. See California Government Code 1150
  • employer: means the governing board of a school district, a school district, a county board of education, a county superintendent of schools, a charter school that has declared itself a public school employer pursuant to subdivision (b) of Section 47611. See California Government Code 3540.1
  • encroachment: includes any structure or object of any kind or character placed, without the authority of law, either in, under or over any county highway. See California Streets and Highways Code 1480
  • Endowment fund: means an institutional fund or part thereof that, under the terms of a gift instrument, is not wholly expendable by the institution on a current basis. See California Probate Code 18502
  • Enhanced behavioral supports home: means a facility certified by the State Department of Developmental Services pursuant to Article 3. See California Health and Safety Code 1502
  • Enterprise: means a revenue-producing improvement, building, system, plant, works, facilities, or undertaking used for or useful for the generation or production of electric energy for lighting, heating, and power for public or private uses. See California Public Utilities Code 3302
  • 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.
  • 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.
  • Evidence: means testimony, writings, material objects, or other things presented to the senses that are offered to prove the existence or nonexistence of a fact. See California Evidence Code 140
  • Ex officio: Literally, by virtue of one's office.
  • Exclusive representative: means the employee organization recognized or certified as the exclusive negotiating representative of public school employees, as "public school employee" is defined in subdivision (j), in an appropriate unit of a public school employer. See California Government Code 3540.1
  • Exclusive representative: means any recognized or certified employee organization or person it authorizes to act on its behalf. See California Government Code 3562
  • 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
  • Executrix: The female counterpart of an executor. See also
  • expert: means a physician and surgeon, including a psychiatrist, or any person described by subdivision (b), (c), or (e) of Section 1010. See California Evidence Code 240
  • 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 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 simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
  • Felony: A crime carrying a penalty of more than a year in prison.
  • Fiduciary: A trustee, executor, or administrator.
  • Fiduciary: means personal representative, trustee, guardian, conservator, attorney-in-fact under a power of attorney, custodian under the California Uniform Transfer To Minors Act (Part 9 (commencing with Section 3900) of Division 4), or other legal representative subject to this code. See California Probate Code 39
  • Fiduciary: means an original, additional, or successor personal representative or trustee. See California Probate Code 871
  • field crop products: includes grain crops, dry bean crops, seeds, forage crops, fiber crops, and other field crops and the manufactured products and byproducts of such field crops. See California Food and Agricultural Code 52001
  • Financial institution: means a state or national bank, state or federal savings and loan association or credit union, or like organization. See California Probate Code 40
  • Financially sound: means a charter school that has demonstrated, over a period of time determined by the authority, but not less than 24 months immediately preceding the submission of the application, that it has operated as a financially capable concern in California, as measured by criteria established by the authority. See California Education Code 17078.52
  • firearm: includes the frame or receiver of the weapon:

    California Penal Code 16520

  • firearm precursor part: means a component of a firearm that is necessary to build or assemble a firearm and is described in either of the following categories:

    California Penal Code 16531

  • firearm precursor part vendor: means a person, firm, corporation, or other business enterprise that holds a valid firearm precursor part vendor license issued pursuant to Section 30485. See California Penal Code 16532
  • firearm safety certificate: means a certificate issued by the Department of Justice pursuant to Sections 31610 to 31700, inclusive, or pursuant to former Article 8 (commencing with Section 12800) of Chapter 6 of Title 2 of Part 4, as that article was operative at any time from January 1, 2003, until it was repealed by the Deadly Weapons Recodification Act of 2010. See California Penal Code 16535
  • firearm safety device: means a device other than a gun safe that locks and is designed to prevent children and unauthorized users from firing a firearm. See California Penal Code 16540
  • firing requirement for handguns: means a test in which the manufacturer provides three handguns of the make and model for which certification is sought to an independent testing laboratory certified by the Attorney General pursuant to Section 32010. See California Penal Code 31905
  • flechette dart: means a dart, capable of being fired from a firearm, that measures approximately one inch in length, with tail fins that take up approximately five-sixteenths of an inch of the body. See California Penal Code 16570
  • 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
  • former testimony: means testimony given under oath in:

    California Evidence Code 1290

  • Foster family agency: means any public agency or private organization, organized and operated on a nonprofit basis, engaged in any of the following:

    California Health and Safety Code 1502

  • Foster family home: means any residential facility providing 24-hour care for six or fewer foster children that is owned, leased, or rented and is the residence of the foster parent or parents, including their family, in whose care the foster children have been placed. See California Health and Safety Code 1502
  • Freeway: means a highway in respect to which the owners of abutting lands have no right or easement of access to or from their abutting lands or in respect to which such owners have only limited or restricted right or easement of access. See California Streets and Highways Code 23.5
  • From divisions: means the election of members of the board of directors who are residents of the division from which they are elected by the voters of the entire district. See California Government Code 61002
  • Fund: means the California Wildlife, Coastal, and Park Land Conservation Fund of 1988 created pursuant to Section 5906. See California Public Resources Code 5902
  • Fund: means the California Consumer Power and Conservation Financing Authority Fund. See California Public Utilities Code 3302
  • General election: means either of the following:

    California Elections Code 324

  • General manager: means the highest level management appointee who is directly responsible to the board of directors for the implementation of the policies established by the board of directors. See California Government Code 61002
  • Germane: On the subject of the pending bill or other business; a strict standard of relevance.
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • gift: means a transfer of personal property made voluntarily and without consideration. See California Probate Code 5700
  • Gift instrument: means a record or records, including an institutional solicitation, under which property is granted to, transferred to, or held by an institution as an institutional fund. See California Probate Code 18502
  • Grace period: The number of days you'll have to pay your bill for purchases in full without triggering a finance charge. Source: Federal Reserve
  • 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.
  • Green Party: means the Green Party of California. See California Elections Code 7900
  • Group home: means a residential facility that provides 24-hour care and supervision to children, delivered at least in part by staff employed by the licensee in a structured environment. See California Health and Safety Code 1502
  • gun safe: means a locking container that fully contains and secures one or more firearms, and that meets the standards for gun safes adopted pursuant to Section 23650. See California Penal Code 16610
  • gunsmith: means any person who is licensed as a dealer pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code and the regulations issued pursuant thereto, who is engaged primarily in the business of repairing firearms, or making or fitting special barrels, stocks, or trigger mechanisms to firearms, or the agent or employee of that person. See California Penal Code 16630
  • Habeas corpus: A writ that is usually used to bring a prisoner before the court to determine the legality of his imprisonment. It may also be used to bring a person in custody before the court to give testimony, or to be prosecuted.
  • handgun: means any pistol, revolver, or firearm capable of being concealed upon the person. See California Penal Code 16640
  • handgun safety certificate: means a certificate issued by the Department of Justice pursuant to Sections 31610 to 31700, inclusive, or pursuant to former Article 8 (commencing with Section 12800) of Chapter 6 of Title 2 of Part 4, as that article was operative at any time from January 1, 2003, until it was repealed by the Deadly Weapons Recodification Act of 2010. See California Penal Code 16670
  • Health care: means any care, treatment, service, or procedure to maintain, diagnose, or otherwise affect a patient's physical or mental condition. See California Probate Code 3200
  • Health care decision: means a decision regarding the patient's health care, including the following:

    California Probate Code 3200

  • Health care institution: means an institution, facility, or agency licensed, certified, or otherwise authorized or permitted by law to provide health care in the ordinary course of business. See California Probate Code 3200
  • health care provider: includes , but is not limited to, the following:

    California Probate Code 4781

  • hearing: means the hearing at which a question under this code arises, and not some earlier or later hearing. See California Evidence Code 145
  • Hearsay: Statements by a witness who did not see or hear the incident in question but heard about it from someone else. Hearsay is usually not admissible as evidence in court.
  • higher education employer: means the regents in the case of the University of California, the directors in the case of the Hastings College of the Law, and the trustees in the case of the California State University, including any person acting as an agent of an employer. See California Government Code 3562
  • highway: includes bridges, culverts, curbs, drains, and all works incidental to highway construction, improvement, and maintenance. See California Streets and Highways Code 23
  • highway: includes all or any part of the entire width of right of way of a county highway, whether or not such entire area is actually used for highway purposes. See California Streets and Highways Code 1480
  • 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
  • Historical resource: includes , but is not limited to, any building, structure, site areas, or place which is historically or archeologically significant, or is significant in the architectural, engineering, scientific, economic, agricultural, educational, social, political, military, or cultural annals of California. See California Public Resources Code 5902
  • holder of the privilege: means :

    California Evidence Code 953

  • holder of the privilege: means :

    California Evidence Code 993

  • holder of the privilege: means :

    California Evidence Code 1013

  • holder of the privilege: means :

    California Evidence Code 1035.6

  • holder of the privilege: means :

    California Evidence Code 1037.4

  • Holder of the privilege: means :

    California Evidence Code 1038.2

  • Human trafficking caseworker: means a person working for a human trafficking victim service organization, whether financially compensated or not, for the purpose of rendering advice or assistance to victims of human trafficking, who meets the requirements of paragraph (1) or (2) and who also meets the requirements of paragraph (3), if applicable:

    California Evidence Code 1038.2

  • Human trafficking victim service organization: means a nongovernmental organization or entity that provides shelter, program, or other support services to victims of human trafficking and their children and that does all of the following:

    California Evidence Code 1038.2

  • immediate family member: means either of the following relationships:

    California Penal Code 16720

  • Impasse: means that the parties to a dispute over matters within the scope of representation have reached a point in meeting and negotiating at which their differences in positions are so substantial or prolonged that future meetings would be futile. See California Government Code 3540.1
  • Impasse: means that the parties have reached a point in meeting and conferring at which their differences in positions are such that further meetings would be futile. See California Government Code 3562
  • Impeachment: (1) The process of calling something into question, as in "impeaching the testimony of a witness." (2) The constitutional process whereby the House of Representatives may "impeach" (accuse of misconduct) high officers of the federal government for trial in the Senate.
  • Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. Source: FDIC
  • Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
  • Individual behavior supports plan: means the plan that identifies and documents the behavior and intensive support and service needs of a consumer and details the strategies to be employed and services to be provided to address those needs, and includes the entity responsible for providing those services and timelines for when each identified individual behavior support will commence. See California Health and Safety Code 1567.61
  • Individual behavior supports team: means those individuals who develop, monitor, and revise the individual behavior supports plan for consumers residing in an enhanced behavioral supports home, pursuant to subdivision (d) of Section 4684. See California Health and Safety Code 1567.61
  • Information: means data, text, images, videos, sounds, codes, computer programs, software, databases, or other items with like characteristics. See California Probate Code 871
  • Institution: means any of the following:

    California Probate Code 18502

  • Institutional fund: means a fund held by an institution exclusively for charitable purposes. See California Probate Code 18502
  • Instrument: means a will, a document establishing or modifying a trust, a deed, or any other writing that designates a beneficiary or makes a donative transfer of property. See California Probate Code 45
  • Intangible property: Property that has no intrinsic value, but is merely the evidence of value such as stock certificates, bonds, and promissory notes.
  • Inter vivos: Transfer of property from one living person to another living person.
  • Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. Source: OCC
  • interested person: includes any of the following:

    California Probate Code 48

  • Intestate: Dying without leaving a will.
  • 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.
  • Juror: A person who is on the jury.
  • knowingly: import s only a knowledge that the facts exist which bring the act or omission within the provisions of this code. See California Penal Code 7
  • large-capacity magazine: means any ammunition feeding device with the capacity to accept more than 10 rounds, but shall not be construed to include any of the following:

    California Penal Code 16740

  • Latent power: means those services and facilities authorized by Part 3 (commencing with Section 61100) that the local agency formation commission has determined, pursuant to subdivision (i) of Section 56425, that a district did not provide prior to January 1, 2006. See California Government Code 61002
  • law: means any federal law relating to internal revenue. See California Government Code 1170
  • Law: includes constitutional, statutory, and decisional law. See California Evidence Code 160
  • 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 person authorized, or reasonably believed by the client to be authorized, to practice law in any state or nation. See California Evidence Code 950
  • Lease-purchase financing: means the financing of prison facilities from the proceeds of the sale of bonds authorized by the board. See California Government Code 15819.1
  • Lessor: means the lessor under any prison facilities lease and any trustee on behalf of the lessor. See California Government Code 15819.1
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • license: means a basic permit to operate a community care facility. See California Health and Safety Code 1503
  • license: shall include a permit or a certificate issued by a state agency. See California Penal Code 23
  • licensed gun show producer: means a person who has been issued a certificate of eligibility by the Department of Justice pursuant to Section 27200. See California Penal Code 16800
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Life estate: A property interest limited in duration to the life of the individual holding the interest (life tenant).
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Local agency: as used in this article , means a county, city, city and county, political subdivision, district, or municipal corporation. See California Government Code 1125
  • Local authorities: means the legislative body of every county or municipality having authority to adopt local police regulations. See California Vehicle Code 385
  • Local coastal program: means any program created under Section 30108. See California Public Resources Code 5902
  • locked container: means a secure container that is fully enclosed and locked by a padlock, keylock, combination lock, or similar locking device. See California Penal Code 16850
  • long-gun safe: means a locking container designed to fully contain and secure a rifle or shotgun, which has a locking system consisting of either a mechanical combination lock or an electronic combination lock that has at least 1,000 possible unique combinations consisting of a minimum of three numbers, letters, or symbols per combination, and is not listed on the roster maintained pursuant to Section 23655. See California Penal Code 16870
  • machinegun: means any weapon that shoots, is designed to shoot, or can readily be restored to shoot, automatically more than one shot, without manual reloading, by a single function of the trigger. See California Penal Code 16880
  • magazine disconnect mechanism: means a mechanism that prevents a semiautomatic pistol that has a detachable magazine from operating to strike the primer of ammunition in the firing chamber when a detachable magazine is not inserted in the semiautomatic pistol. See California Penal Code 16900
  • magistrate: signifies any one of the officers mentioned in Section 808. See California Penal Code 7
  • maintenance: includes any of the following:

    California Streets and Highways Code 27

  • malfunction: means a failure to properly feed, fire, or eject a round, or failure of a pistol to accept or eject the magazine, or failure of a pistol's slide to remain open after the magazine has been expended. See California Penal Code 31905
  • Managerial employee: means any employee having significant responsibilities for formulating or administering policies and programs. See California Government Code 3562
  • Manufactured home: includes both of the following:

    California Revenue and Taxation Code 20639.2

  • Marital deduction: The deduction(s) that can be taken in the determination of gift and estate tax liabilities because of the existence of a marriage or marital relationship.
  • Measure: means any constitutional amendment or other proposition submitted to a popular vote at any election. See California Elections Code 329
  • Mediation: means the efforts of a third person, or persons, functioning as intermediaries, to assist the parties in reaching a voluntary resolution to an impasse. See California Government Code 3562
  • Meet and confer: means the performance of the mutual obligation of the higher education employer and the exclusive representative of its employees to meet at reasonable times and to confer in good faith with respect to matters within the scope of representation and to endeavor to reach agreement on matters within the scope of representation. See California Government Code 3562
  • Meeting and negotiating: means meeting, conferring, negotiating, and discussing by the exclusive representative and the public school employer in a good faith effort to reach agreement on matters within the scope of representation and the execution, if requested by either party, of a written document incorporating any agreements reached, which document shall, when accepted by the exclusive representative and the public school employer, become binding upon both parties and, notwithstanding Section 3543. See California Government Code 3540.1
  • member of the clergy: means a priest, minister, religious practitioner, or similar functionary of a church or of a religious denomination or religious organization. See California Evidence Code 1030
  • Misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement.
  • missing person: means a person who is presumed to be dead under Section 12401. See California Probate Code 12400
  • month: means a calendar month, unless otherwise expressed. See California Penal Code 7
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Mortgagee: The person to whom property is mortgaged and who has loaned the money.
  • 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
  • Multiburst trigger activator: includes , but is not limited to, any of the following devices:

    California Penal Code 16930

  • multicounty designated transportation planning agency: means the Southern California Association of Governments. See California Public Utilities Code 130004
  • Natural lands: means an area of relatively undeveloped land which (1) has substantially retained its characteristics as provided by nature or has been substantially restored, or which can be feasibly restored, to a near-natural condition, and which has outstanding wildlife, scenic, open-space, or park resources, or a combination thereof, or (2) meets the definition of open-space land in Section 65560 of the Government Code. See California Public Resources Code 5902
  • negligently: import a want of such attention to the nature or probable consequences of the act or omission as a prudent man ordinarily bestows in acting in his own concerns. See California Penal Code 7
  • newspaper: means a newspaper of general circulation. See California Revenue and Taxation Code 36.5
  • 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.
  • Nominate: means the selection, at a state-conducted primary election, of candidates who are entitled by law to participate in the general election for that office, but does not mean any other lawful mechanism that a political party may adopt for the purposes of choosing the candidate who is preferred by the party for a nonpartisan or voter-nominated office. See California Elections Code 332.5
  • Nomination documents: means declaration of candidacy and nomination papers. See California Elections Code 333
  • Noncustodial adoption agency: means any licensed entity engaged in the business of providing adoption services, that does all of the following:

    California Health and Safety Code 1502

  • Nonmember: as used in this article , means the spouse or former spouse of a member, who as a result of petitioning the court for the division of community property, has been awarded a distinct and separate account reflecting specific credited service and accumulated contributions. See California Government Code 21291
  • Nonpartisan office: means an office, except for a voter-nominated office, for which no party may nominate a candidate. See California Elections Code 334
  • Nonprofit organization: means any charitable organization described in Section 501(c)(3) of the federal Internal Revenue Code, which has among its primary purposes the conservation and preservation of wetlands or of lands predominantly in their natural, scenic, historical, agricultural, forested, or open-space condition. See California Public Resources Code 5902
  • Noxious weed seed: means the seed or propagule of any species of noxious weed, as defined in Section 5004. See California Food and Agricultural Code 52256
  • Oath: includes affirmation. See California Government Code 15
  • 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.
  • Office: means the Office of Emergency Services. See California Government Code 15251
  • Online tool: means an electronic service provided by a custodian that allows the user, in an agreement distinct from the terms-of-service agreement between the custodian and user, to provide directions for disclosure or nondisclosure of digital assets to a third person. See California Probate Code 871
  • Oral argument: An opportunity for lawyers to summarize their position before the court and also to answer the judges' questions.
  • Original: means the writing itself or any counterpart intended to have the same effect by a person executing or issuing it. See California Evidence Code 255
  • Original bill: A bill which is drafted by a committee. It is introduced by the committee or subcommittee chairman after the committee votes to report it.
  • Outlays: Outlays are payments made (generally through the issuance of checks or disbursement of cash) to liquidate obligations. Outlays during a fiscal year may be for payment of obligations incurred in prior years or in the same year.
  • owned: includes (1) the interest of a vendee in possession under a land sale contract provided that the contract or memorandum thereof is recorded and only from the date of recordation of the contract or memorandum thereof in the office of the county recorder where the residential dwelling is located, (2) the interest of the holder of a life estate provided that the instrument creating the life estate is recorded and only from the date of recordation of the instrument creating the life estate in the office of the county recorder where the residential dwelling is located, but "owned" does not include the interest of the holder of any remainder interest or the holder of a reversionary interest in the residential dwelling, (3) the interest of a joint tenant or a tenant in common in the residential dwelling or the interest of a tenant where title is held in tenancy by the entirety or a community property interest where title is held as community property, and (4) the interest, including the interest of a beneficiary of a special needs trust, in the residential dwelling in which the title is held in trust, as described in subdivision (d) of Section 62, provided that the Controller determines that the state's interest is adequately protected. See California Revenue and Taxation Code 20583
  • 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
  • paratransit vehicle: is a passenger vehicle, other than a bus, schoolbus, school pupil activity bus, youth bus, general public paratransit vehicle, or taxicab that is both of the following:

    California Vehicle Code 462

  • Parent: means any individual entitled to take as a parent under this code by intestate succession from the child whose relationship is involved. See California Probate Code 54
  • Park: means a tract of land with outstanding scenic, natural, open-space, or recreational values, set apart to conserve natural, scenic, cultural, or ecological resources for present and future generations, and to be used by the public as a place for rest, recreation, education, exercise, inspiration, or enjoyment. See California Public Resources Code 5902
  • Participating party: means either of the following:

    California Public Utilities Code 3302

  • partnership: shall include limited liability company, registered limited liability partnership, and foreign limited liability partnership, except where the context or the specific provisions of this division otherwise require. See California Revenue and Taxation Code 28.5
  • 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
  • patient: means a person who consults a physician or submits to an examination by a physician for the purpose of securing a diagnosis or preventive, palliative, or curative treatment of his physical or mental or emotional condition. See California Evidence Code 991
  • patient: means a person who consults a psychotherapist or submits to an examination by a psychotherapist for the purpose of securing a diagnosis or preventive, palliative, or curative treatment of his mental or emotional condition or who submits to an examination of his mental or emotional condition for the purpose of scientific research on mental or emotional problems. See California Evidence Code 1011
  • Patient: means an adult who does not have a conservator of the person and for whom a health care decision needs to be made. See California Probate Code 3200
  • Payrate: means the normal monthly rate of pay or base pay of the member paid in cash to similarly situated members of the same group or class of employment for services rendered on a full-time basis during normal working hours, pursuant to publicly available pay schedules. See California Government Code 20636
  • peace officer: signify any one of the officers mentioned in Chapter 4. See California Penal Code 7
  • penitent: means a person who has made a penitential communication to a member of the clergy. See California Evidence Code 1031
  • penitential communication: means a communication made in confidence, in the presence of no third person so far as the penitent is aware, to a member of the clergy who, in the course of the discipline or practice of the clergy member's church, denomination, or organization, is authorized or accustomed to hear those communications and, under the discipline or tenets of his or her church, denomination, or organization, has a duty to keep those communications secret. See California Evidence Code 1032
  • Per stirpes: The legal means by which the children of a decedent, upon the death of an ancestor at a level above that of the decedent, receive by right of representation the share of the ancestor
  • Perceive: means to acquire knowledge through one's senses. See California Evidence Code 170
  • Person: includes a natural person, firm, association, organization, partnership, business trust, corporation, limited liability company, or public entity. See California Evidence Code 175
  • Person: includes any person, firm, partnership, general partner of a partnership, limited liability company, registered limited liability partnership, foreign limited liability partnership, association, corporation, company, syndicate, estate, trust, business trust, or organization of any kind. See California Revenue and Taxation Code 19
  • Person: means any person, firm, partnership, association, corporation, organization, limited liability company, or business trust. See California Streets and Highways Code 19
  • Person: means one or more individuals, organizations, associations, corporations, boards, committees, commissions, agencies, or their representatives. See California Government Code 3562
  • Person: means an individual, corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership, limited liability company, association, or other entity. See California Probate Code 56
  • Person: means an individual, estate, business or nonprofit entity, public corporation, government or governmental subdivision, agency, or instrumentality, or other legal entity. See California Probate Code 871
  • Person: means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity. See California Probate Code 18502
  • Person: includes a corporation as well as a natural person. See California Code of Civil Procedure 17
  • person: includes a corporation as well as a natural person. See California Penal Code 7
  • Person: includes a natural person, firm, copartnership, association, limited liability company, or corporation. See California Vehicle Code 470
  • Person: includes a corporation as well as a natural person. See California Corporations Code 18
  • personal firearm importer: means an individual who meets all of the following criteria:

    California Penal Code 17000

  • Personal property: All property that is not real property.
  • Personal representative: means executor, administrator, administrator with the will annexed, special administrator, successor personal representative, public administrator acting pursuant to Section 7660, or a person who performs substantially the same function under the law of another jurisdiction governing the person's status. See California Probate Code 58
  • Personal representative: means an executor, administrator, special administrator, or person that performs substantially the same function under any other law. See California Probate Code 871
  • physician: means a person authorized, or reasonably believed by the patient to be authorized, to practice medicine in any state or nation. See California Evidence Code 990
  • Physician Orders for Life Sustaining Treatment form: means a request regarding resuscitative measures that directs a health care provider regarding resuscitative and life-sustaining measures. See California Probate Code 4780
  • 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.
  • Plea agreement: An arrangement between the prosecutor, the defense attorney, and the defendant in which the defendant agrees to plead guilty in exchange for special considerations. Source:
  • 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.
  • Polling place: means a location where a voter casts a ballot and includes the following terms, as applicable: poll, polling location, and vote center. See California Elections Code 338.5
  • Power of attorney: means a record that grants an agent authority to act in the place of the principal. See California Probate Code 871
  • Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
  • 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.
  • 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
  • Preliminary apportionment: means an apportionment made for eligible applicants under this article in advance of full compliance with all of the application requirements otherwise required for an apportionment pursuant to this chapter. See California Education Code 17078.52
  • preliminary fact: means a fact upon the existence or nonexistence of which depends the admissibility or inadmissibility of evidence. See California Evidence Code 400
  • Preliminary hearing: A hearing where the judge decides whether there is enough evidence to make the defendant have a trial.
  • Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
  • pretrial diversion: means the postponement of prosecution, either temporarily or permanently, at any point in the judicial process from the point at which the accused is charged until adjudication, to allow the defendant to undergo mental health treatment, subject to all of the following:

    California Penal Code 1001.36

  • pretrial diversion: means the procedure of postponing prosecution either temporarily or permanently at any point in the judicial process from the point at which the accused is charged until adjudication. See California Penal Code 1001.50
  • pretrial diversion: means the procedure of postponing prosecution, either temporarily or permanently, at any point in the judicial process from the point at which the accused is charged until adjudication. See California Penal Code 1001.80
  • Primary election: includes all primary nominating elections provided for by this code. See California Elections Code 341
  • Principal county: means the county having all or the greatest portion of the entire assessed valuation, as shown on the last equalized assessment roll of the county or counties, of all taxable property in the district. See California Government Code 61002
  • Prison facilities lease: means any lease of a prison facility entered into by the Director of Corrections with the board pursuant to this chapter. See California Government Code 15819.1
  • Prison facility: means real property, fixtures, furnishings, equipment, and related improvements for the following facilities:

    California Government Code 15819.1

  • Private alternative boarding school: means a group home licensed by the department to operate a program pursuant to Section 1502. See California Health and Safety Code 1502
  • Private alternative outdoor program: means a group home licensed by the department to operate a program pursuant to Section 1502. See California Health and Safety Code 1502
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Probate: Proving a will
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Professional employee: means :

    California Government Code 3562

  • proffered evidence: means evidence, the admissibility or inadmissibility of which is dependent upon the existence or nonexistence of a preliminary fact. See California Evidence Code 401
  • Program: means a program that provides financial assistance, as provided in Article 6 (commencing with Section 3365). See California Public Utilities Code 3302
  • prohibited area: means any place where it is unlawful to discharge a weapon. See California Penal Code 17030
  • Project: means plants, facilities, equipment, appliances, structures, expansions, and improvements within the state that serve the purposes of this division as approved by the authority, and all activities and expenses necessary to initiate and complete those projects described in Article 5 (commencing with Section 3350) and Article 7 (commencing with Section 3368), of Chapter 3. See California Public Utilities Code 3302
  • Property: includes both real and personal property. See California Evidence Code 185
  • Property: means anything that may be the subject of ownership and includes both real and personal property and any interest therein. See California Probate Code 62
  • property: includes both real and personal property. See California Penal Code 7
  • Property: includes all property, real, personal or mixed, tangible or intangible, or any interest therein necessary or desirable for carrying out the purposes of this part. See California Government Code 15802
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • psychotherapist: means a person who is, or is reasonably believed by the patient to be:

    California Evidence Code 1010

  • public agency: has the meaning given that term by Section 53050. See California Government Code 960
  • Public agency: includes counties, cities, municipal corporations, political subdivisions, public districts, and other public agencies of the state. See California Government Code 1150
  • public body: means any county, city and county, city, municipal corporation, political subdivision, school district, or any other public district or public corporation, any public authority, or any agency of any thereof. See California Government Code 1101
  • Public defender: Represent defendants who can't afford an attorney in criminal matters.
  • Public employee: means an officer, agent, or employee of a public entity. See California Evidence Code 195
  • Public employer: means the state, the Regents of the University of California, the Trustees of the California State University and the California State University, the Judicial Council, a trial court, a county, city, district, public authority, including transit district, public agency, or any other political subdivision or public corporation of the state, except as provided in paragraph (2). See California Government Code 1150
  • Public entity: includes a nation, state, county, city and county, city, district, public authority, public agency, or any other political subdivision or public corporation, whether foreign or domestic. See California Evidence Code 200
  • public entity: means any county, city, or public district. See California Public Resources Code 5800
  • 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 securities: means any issue of bonds, notes, warrants, or other evidences of indebtedness and the interest coupons, if any, attached thereto, issued by any public body. See California Government Code 1100
  • Purchase: means the purchase, loan, or transfer of a firearm. See California Penal Code 28150
  • Purchase: means the purchase, loan, or transfer of a firearm. See California Penal Code 28200
  • Purchaser: means the purchaser or transferee of a firearm or the person being loaned a firearm. See California Penal Code 28150
  • Purchaser: means the purchaser or transferee of a firearm or the person being loaned a firearm. See California Penal Code 28200
  • Qualified representative of the commissioner: means a deputy commissioner or inspector who holds an appropriate certificate of qualification issued by the director as provided in Chapter 2 (commencing with Section 2101) of Division 2 of this code. See California Food and Agricultural Code 39
  • Quasi-community property: means the following property, other than community property as defined in Section 28:

    California Probate Code 66

  • Quorum: The number of legislators that must be present to do business.
  • Real property: includes lands, tenements, and hereditaments. See California Evidence Code 205
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • recognized employee organization: means an employee organization that has been recognized by an employer as the exclusive representative pursuant to Article 5 (commencing with Section 3544). See California Government Code 3540.1
  • Record: includes every kind of record maintained by a business. See California Evidence Code 1560
  • Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in a perceivable form. See California Probate Code 871
  • Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. See California Probate Code 18502
  • 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
  • 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.
  • Remainderman: One entitled to the remainder of an estate after a particular reserved right or interest, such as a life tenancy, has expired.
  • Remand: When an appellate court sends a case back to a lower court for further proceedings.
  • remote interest: means any of the following:

    California Government Code 1091

  • 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).
  • Request regarding resuscitative measures: includes one, or both of, the following:

    California Probate Code 4780

  • 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 manifests an intent to live or be located in this state on more than a temporary or transient basis. See California Vehicle Code 516
  • Residential dwelling: means a dwelling occupied as the principal place of residence of the claimant and so much of the land surrounding it as is reasonably necessary for use of the dwelling as a home, owned by the claimant, the claimant and spouse, or by the claimant and either another individual eligible for postponement under this chapter or an individual described in subdivision (a), (b), or (c) of Section 20511 and located in this state. See California Revenue and Taxation Code 20583
  • Residential facility: means any family home, group care facility, or similar facility determined by the department, for 24-hour nonmedical care of persons in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual. See California Health and Safety Code 1502
  • responsible adult: means a person at least 21 years of age who is not prohibited by state or federal law from possessing, receiving, owning, or purchasing a firearm. See California Penal Code 17070
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • Revenues: means all receipts, purchase payments, loan repayments, lease payments, rents, fees and charges, and all other income or receipts derived by the authority from an enterprise, or by the authority or a participating party from any other financing arrangement undertaken by the authority or a participating party, including, but not limited to, all receipts from a bond purchase agreement, and any income or revenue derived from the investment of any money in any fund or account of the authority or a participating party. See California Public Utilities Code 3302
  • Revolving 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 open-end credit.) Source: OCC
  • Right of survivorship: The ownership rights that result in the acquisition of title to property by reason of having survived other co-owners.
  • Riparian habitat: means lands that contain habitat which grows close to and which depends upon soil moisture from a nearby freshwater source. See California Public Resources Code 5902
  • Road: means any existing vehicle route established before January 1, 1979, with significant evidence of prior regular travel by vehicles subject to registration pursuant to Article 1 (commencing with Section 4000) of Chapter 1 of Division 3. See California Vehicle Code 527
  • safety: is a utomatically applied by the pistol, this feature shall not be defeated. See California Penal Code 31900
  • Sale: means the sale, loan, or transfer of a firearm. See California Penal Code 28150
  • Sale: means the sale, loan, or transfer of a firearm. See California Penal Code 28200
  • schoolbus: is a motor vehicle designed, used, or maintained for the transportation of any school pupil at or below the 12th grade level to or from a public or private school or to or from public or private school activities, except the following:

    California Vehicle Code 545

  • scope of representation: means , and is limited to, wages, hours of employment, and other terms and conditions of employment. See California Government Code 3562
  • seal: includes an impression of such seal upon the paper alone, or upon any substance attached to the paper capable of receiving a visible impression. See California Penal Code 7
  • secretary: refer to the Labor and Workforce Development Agency and the Secretary of Labor and Workforce Development, respectively, unless the context otherwise requires. See California Government Code 15550
  • Secretary: means the Secretary of Food and Agriculture. See California Food and Agricultural Code 35
  • Secretary: means the Secretary of Transportation. See California Government Code 14002.5
  • Secretary: means the secretary of the board of directors. See California Government Code 61002
  • secure facility: means that the facility satisfies all of the following:

    California Penal Code 29141

  • 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 Probate Code 70
  • Sell: includes offer for sale, expose for sale, possess for sale, exchange, barter, or trade. See California Food and Agricultural Code 44
  • Seller: means , if the transaction is being conducted pursuant to Chapter 5 (commencing with Section 28050), the person selling, loaning, or transferring the firearm. See California Penal Code 28200
  • series: includes all other models that are only variations, with minor differences, of those models listed in subdivision (a), regardless of the manufacturer. See California Penal Code 30510
  • 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.
  • sexual assault: includes all of the following:

    California Evidence Code 1036.2

  • sexual assault counselor: means any of the following:

    California Evidence Code 1035.2

  • short-barreled rifle: means any of the following:

    California Penal Code 17170

  • short-barreled shotgun: means any of the following:

    California Penal Code 17180

  • Short-term residential therapeutic program: means a residential facility operated by a public agency or private organization and licensed by the department pursuant to Section 1562. See California Health and Safety Code 1502
  • Signature: includes either of the following:

    California Elections Code 354.5

  • Signature: includes mark when the signer cannot write, such signer's name being written near the mark by a witness who writes his own name near the signer's name. See California Corporations Code 17
  • Small family home: means any residential facility, in the licensee's family residence, that provides 24-hour care for six or fewer foster children who have mental disorders or developmental or physical disabilities and who require special care and supervision as a result of their disabilities. See California Health and Safety Code 1502
  • Social rehabilitation facility: means any residential facility that provides social rehabilitation services for no longer than 18 months in a group setting to adults recovering from mental illness who temporarily need assistance, guidance, or counseling. See California Health and Safety Code 1502
  • social work personnel: means supervising social workers and nonsupervisory social workers. See California Health and Safety Code 1506
  • 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
  • special permit: means a permit issued by the state department authorizing a community care facility to offer specialized services as designated by the director in regulations. See California Health and Safety Code 1504
  • Spouse: includes "registered domestic partner" as required by Section 297. See California Evidence Code 215
  • Spouse: includes "registered domestic partner" as required by Section 297. See California Government Code 12.2
  • Spouse: includes domestic partner, as defined in Section 37 of this code, as required by Section 297. See California Probate Code 72
  • spouse: includes "registered domestic partner" as required by Section 297. See California Penal Code 7
  • Spouse: includes "registered domestic partner" as required by Section 297. See California Public Utilities Code 12.2
  • State: means the State of California, unless applied to the different parts of the United States. See California Evidence Code 220
  • State: includes any state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possession subject to the legislative authority of the United States. See California Probate Code 74
  • State: means the State of California. See California Public Utilities Code 3302
  • State: means the State of California, unless applied to the different parts of the United States. See California Education Code 77
  • State: includes the District of Columbia and the territories when applied to the different parts of the United States, and the words "United States" may include the district and territories. See California Code of Civil Procedure 17
  • state: when applied to the different parts of the United States, includes the District of Columbia and the territories, and the words "United States" may include the district and territories. See California Penal Code 7
  • State: means the State of California, unless applied to the different parts of the United States. See California Public Utilities Code 17
  • state agencies: means every state office, officer, department, division, bureau, board, and commission and the California State University and the Regents of the University of California. See California Government Code 14938
  • state agency: shall include any state board, commission, bureau, or division created pursuant to the provisions of the Business and Professions Code, the Education Code, or the Chiropractic Initiative Act to license and regulate individuals who engage in certain businesses and professions. See California Penal Code 23
  • State agency: includes any state office, officer, department, division, bureau, board, commission, organization, or agency including, without limitation, the University of California, the California State University, the California Community Colleges, and the Judicial Council. See California Government Code 15802
  • State agency: as used in this chapter does not include educational institutions. See California Government Code 14773
  • state department: means the State Department of Social Services. See California Health and Safety Code 1502
  • State employee: means all persons who receive wages for services through the uniform payroll system established and administered by the Controller under Section 12470. See California Government Code 1150
  • State highway: means any highway which is acquired, laid out, constructed, improved or maintained as a State highway pursuant to constitutional or legislative authorization. See California Streets and Highways Code 24
  • Statement: means (a) oral or written verbal expression or (b) nonverbal conduct of a person intended by him as a substitute for oral or written verbal expression. See California Evidence Code 225
  • Statewide election: is a n election held throughout the state. See California Elections Code 357
  • Statute: includes a treaty and a constitutional provision. See California Evidence Code 230
  • Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
  • Stewardship: means the development and implementation of major programs for the protection, rehabilitation, restoration, and enhancement of the basic natural systems and outstanding scenic features of the state park system. See California Public Resources Code 5902
  • Street: 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 590
  • Subdivision: means a subdivision of the section in which that term occurs unless some other section is expressly mentioned. See California Food and Agricultural Code 49
  • Subdivision: means a subdivision of the section in which the term appears unless some other section is expressly mentioned. See California Corporations Code 10
  • Subdivision: means a subdivision of the section in which that term occurs unless some other section is expressly mentioned. See California Public Utilities Code 10
  • Subpoena duces tecum: A command to a witness to produce documents.
  • subscription: includes mark. See California Revenue and Taxation Code 18
  • subscription: includes mark when the signer or subscriber can not write, such signer's or subscriber's name being written near the mark by a witness who writes his own name near the signer's or subscriber's name. See California Government Code 16
  • telecommuting: means the partial or total substitution of computers or telecommunication technologies, or both, for the commute to work by employees residing in California. See California Government Code 14200
  • 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.
  • Terminal: is a place where a vehicle of a type listed in Section 34500 is regularly garaged or maintained, or from which the vehicle is operated or dispatched. See California Vehicle Code 595
  • Terms-of-service agreement: means an agreement that controls the relationship between a user and a custodian. See California Probate Code 871
  • Testate: To die leaving a will.
  • Testator: A male person who leaves a will at death.
  • Therapeutic day services facility: means any facility that provides nonmedical care, counseling, educational or vocational support, or social rehabilitation services on less than a 24-hour basis to persons under 18 years of age who would otherwise be placed in foster care or who are returning to families from foster care. See California Health and Safety Code 1502
  • Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
  • Town: includes "unincorporated town" and "village. See California Government Code 21
  • 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
  • Transferor: means the testator, settlor, grantor, owner, or other person who executes an instrument. See California Probate Code 81
  • Transitional housing placement provider: means an organization licensed by the department pursuant to Section 1559. See California Health and Safety Code 1502
  • Transitional shelter care facility: means any group care facility that provides for 24-hour nonmedical care of persons in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual. See California Health and Safety Code 1502
  • Tri-Valley: means the Cities of Danville, Dublin, Livermore, Pleasanton, and San Ramon. See California Public Utilities Code 132651
  • Trier of fact: includes (a) the jury and (b) the court when the court is trying an issue of fact other than one relating to the admissibility of evidence. See California Evidence Code 235
  • Trust: includes the following:

    California Probate Code 82

  • Trust company: means an entity that has qualified to engage in and conduct a trust business in this state. See California Probate Code 83
  • Trustee: A person or institution holding and administering property in trust.
  • Trustee: means a fiduciary with legal title to property under an agreement or declaration that creates a beneficial interest in another. See California Probate Code 871
  • Trustee: includes an original, additional, or successor trustee, whether or not appointed or confirmed by a court. See California Probate Code 84
  • Trustor: The person who makes or creates a trust. Also known as the grantor or settlor.
  • unconventional pistol: means a firearm with both of the following characteristics:

    California Penal Code 17270

  • unsafe handgun: means any pistol, revolver, or other firearm capable of being concealed upon the person, for which any of the following is true:

    California Penal Code 31910

  • User: means a person that has an account with a custodian. See California Probate Code 871
  • 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.
  • value of property: means market value of any of the following:

    California Evidence Code 811

  • 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.
  • 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
  • Vehicle manufacturer: is a ny person who produces from raw materials or new basic components a vehicle of a type subject to registration under this code, off-highway motorcycles or all-terrain vehicles subject to identification under this code, or trailers subject to identification pursuant to Section 5014. See California Vehicle Code 672
  • Venue: The geographical location in which a case is tried.
  • Verdict: The decision of a petit jury or a judge.
  • victim: means a person who consults a sexual assault counselor for the purpose of securing advice or assistance concerning a mental, physical, or emotional condition caused by a sexual assault. See California Evidence Code 1035
  • victim: means any person who suffers domestic violence, as defined in Section 1037. See California Evidence Code 1037
  • Victim: means a person who consults a human trafficking caseworker for the purpose of securing advice or assistance concerning a mental, physical, emotional, or other condition related to their experience as a victim of human trafficking. See California Evidence Code 1038.2
  • Voter: means any elector who is registered under this code. See California Elections Code 359
  • Voter: means a voter as defined by Section 359 of the Elections Code. See California Government Code 61002
  • 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
  • wards of the juvenile court: shall include minors who have been found by the juvenile court to be described by Section 601 or 602 of the Welfare and Institutions Code, as well as minors who are described by Section 601 or 602 of the Welfare and Institutions Code who have been diverted from formal juvenile court proceedings. See California Health and Safety Code 1567.2
  • Wetlands: means lands which may be covered periodically or permanently with shallow water and which include saltwater marshes, freshwater marshes, open or closed brackish water marshes, swamps, mudflats, fens, and vernal pools. See California Public Resources Code 5902
  • wholesaler: means any person who is licensed as a dealer pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code and the regulations issued pursuant thereto, who sells, transfers, or assigns firearms, or parts of firearms, to persons who are licensed as manufacturers, importers, or gunsmiths pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code, or persons licensed pursuant to Sections 26700 to 26915, inclusive, and includes persons who receive finished parts of firearms and assemble them into completed or partially completed firearms in furtherance of that purpose. See California Penal Code 17340
  • Will: includes a codicil, a testamentary instrument that only appoints an executor, or an instrument that revokes or revises a testamentary instrument. See California Probate Code 871
  • Will: includes codicil and any testamentary instrument which merely appoints an executor or revokes or revises another will. See California Probate Code 88
  • will: includes codicil. See California Penal Code 7
  • writ: signifies an order or precept in writing, issued in the name of the people, or of a court or judicial officer, and the word "process" a writ or summons issued in the course of judicial proceedings. See California Penal Code 7
  • Writ of certiorari: An order issued by the Supreme Court directing the lower court to transmit records for a case for which it will hear on appeal.
  • Writing: means handwriting, typewriting, printing, photostating, photographing, photocopying, transmitting by electronic mail or facsimile, and every other means of recording upon any tangible thing, any form of communication or representation, including letters, words, pictures, sounds, or symbols, or combinations thereof, and any record thereby created, regardless of the manner in which the record has been stored. See California Evidence Code 250
  • Writing: includes printing and typewriting. See California Code of Civil Procedure 17
  • youth bus: is a ny bus, other than a schoolbus, designed for and when actually carrying not more than 16 persons and the driver, used to transport children at or below the 12th-grade level directly from a public or private school to an organized nonschool-related youth activity within 25 miles of the school or directly from a location which provides the organized nonschool-related youth activity to a public or private school within 25 miles of that location. See California Vehicle Code 680
  • Youth homelessness prevention center: means a group home licensed by the department to operate a program pursuant to Section 1502. See California Health and Safety Code 1502
  • Zone: means a zone formed pursuant to Chapter 5 (commencing with Section 61140) of Part 3. See California Government Code 61002