California Codes > Code of Civil Procedure > Part 2 > Title 6 – OF THE PLEADINGS IN CIVIL ACTIONS


Chapter 1	The Pleadings in General
Chapter 2	Pleadings Demanding Relief
Chapter 3	Objections to Pleadings; Denials and Defenses
Chapter 4	Motion to Strike
Chapter 5	Summary Judgments and Motions for Judgment on the Pleadings
Chapter 6	Verification of Pleadings
Chapter 7	General Rules of Pleading
Chapter 8	Variance-Mistakes in Pleadings and Amendments

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Terms Used In California Codes > Code of Civil Procedure > Part 2 > Title 6 - OF THE PLEADINGS IN CIVIL ACTIONS

Access: means a personal inspection and review of a record or an accurate copy of a record, or receipt of an accurate copy of a record, an oral description or communication of a record or an accurate copy of a record, and a request to release a copy of any record. See California Education Code 49061
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 federal American Recovery and Reinvestment Act of 2009 (Public Law 111-5). See California Public Resources Code 25470
Adequate progress: means all of the following:
California Government Code 65007
Adjourn: A motion to adjourn a legislative chamber or a committee, if passed, ends that day's session.
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 every state office, officer, department, division, bureau, board, commission, or other state agency, except that the term agency shall not include:
California Civil Code 1798.3
Agent: means a person who was an officer or director of a corporation, as defined in subdivision (e), at the time the fraudulent acts occurred, was named in a final criminal restitution order in connection with the fraudulent acts, and was acting in the person's capacity as the corporation's officer or director when committing the fraudulent acts. See California Corporations Code 2281
Allocation: means a loan of funds by the commission pursuant to the procedures specified in this chapter. See California Public Resources Code 25411
Allocation: means a loan of funds by the Department of General Services pursuant to the procedures specified in this chapter. See California Public Resources Code 25470
alternative certification program: is a program operated by a school district, county office of education, college or university, or other public education entity, individually or in collaboration with other public education entities in the region to be served, and designed to provide a concentrated program leading to a permanent teaching credential. See California Education Code 44381
Amortization: Paying off a loan by regular installments.
Ancillary obligation: means an obligation of the state entered into in connection with any bonds issued under this title, including the following:
California Government Code 99051
Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
Appraisal: A determination of property value.
Aquaculture: means that form of agriculture devoted to the propagation, cultivation, maintenance, and harvesting of aquatic plants and animals in marine, brackish, and fresh water. See California Fish and Game Code 17
Arrest: Taking physical custody of a person by lawful authority.
Asset: means property of a debtor, but the term does not include the following:
California Civil Code 3439.01
Association: means any corporation organized under this part. See California Corporations Code 13202
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.
Audio-video communication: means being able to see, hear, and communicate with another individual in real time using electronic means in a manner that conforms to the requirements of this article and any rules or regulations adopted by the Secretary of State pursuant to this article. See California Government Code 8231.1
Audio-video recording: means a recording of the audio-video communication of an online notarial act required by Section 8231. See California Government Code 8231.1
authority: means the Central California Railroad Authority. See California Government Code 93303
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.
Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
Baseline: Projection of the receipts, outlays, and other budget amounts that would ensue in the future without any change in existing policy. Baseline projections are used to gauge the extent to which proposed legislation, if enacted into law, would alter current spending and revenue levels.
beginning teacher: means a teacher with a valid California credential, as defined in Section 44259. See California Education Code 44279.1
Bequest: Property gifted by will.
Bird: means a wild bird or part of a wild bird. See California Fish and Game Code 22
Board: means the State Mining and Geology Board. See California Public Resources Code 2693
board of governors: shall be deemed to refer to the board of trustees. See California Business and Professions Code 6010
board of supervisors: means the board of supervisors of the county within which the city or territory is situated. See California Government Code 34001
Body of water: means a reservoir or lake. See California Health and Safety Code 117080
bond: means revenue bond or other evidences of indebtedness but not attached coupons. See California Government Code 50661
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
Branch office: means any additional physical location, other than the principal place of business of a licensee, where any locksmith service is provided. See California Business and Professions Code 6980
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).
Building: includes a tribal building. See California Public Resources Code 25411
Building: means any existing structure that includes a heating or cooling system, or both. See California Public Resources Code 25470
Building ordinances: means ordinances of a county or city regulating building and construction and removal of buildings, including ordinances relating to the matters set forth in Section 38660 and similar matters, and including ordinances relating to building permits and building inspection. See California Government Code 53090
bureau: means the Bureau of Security and Investigative Services. See California Business and Professions Code 7512.4
Bureau: means the Bureau of Security and Investigative Services. See California Business and Professions Code 6980
Business: includes every trade, occupation, and profession. See California Corporations Code 16101
Case law: The law as laid down in cases that have been decided in the decisions of the courts.
Chambers: A judge's office.
Charity: An agency, institution, or organization in existence and operating for the benefit of an indefinite number of persons and conducted for educational, religious, scientific, medical, or other beneficent purposes.
chief: means the Chief of the Bureau of Security and Investigative Services. See California Business and Professions Code 7512.5
Chief: means the Chief of the Bureau of Security and Investigative Services. See California Business and Professions Code 6980
City: includes incorporated city, city and county, municipal corporation, municipality, town and incorporated town. See California Financial Code 13
claim for relief: means a right to payment, whether or not the right is reduced to judgment, liquidated, unliquidated, fixed, contingent, matured, unmatured, disputed, undisputed, legal, equitable, secured, or unsecured. See California Civil Code 3439.01
Claimant: means an aggrieved person who resides in the state at the time of the fraud and who submits an application pursuant to this chapter. See California Corporations Code 2281
clerk: means the engrossing and enrolling clerk or the employee who performs the duties of engrossing and enrolling clerk when no employee is so designated by name. See California Government Code 9500
Clerk of court: An officer appointed by the court to work with the chief judge in overseeing the court's administration, especially to assist in managing the flow of cases through the court and to maintain court records.
Codicil: An addition, change, or supplement to a will executed with the same formalities required for the will itself.
Commission: means the San Francisco Bay Conservation and Development Commission. See California Government Code 66678
Commission: means the Seismic Safety Commission. See California Public Resources Code 2811
Commission: means the Seismic Safety Commission. See California Public Resources Code 2693
Commission: means the Fish and Game Commission, and "commissioner" means a member of the Fish and Game Commission. See California Fish and Game Code 30
Commissioner: means any county agricultural commissioner. See California Food and Agricultural Code 26
Committee: means the Economic Recovery Financing Committee created pursuant to Section 99055. See California Government Code 99051
committee: means a committee of either the Senate or Assembly, a joint committee of both houses, or, when any of the foregoing committees is authorized to create subcommittees, a subcommittee. See California Government Code 9400
Committee membership: Legislators are assigned to specific committees by their party. Seniority, regional balance, and political philosophy are the most prominent factors in the committee assignment process.
Community water system: means a public water system that serves at least 15 service connections used by yearlong residents or regularly serves at least 25 yearlong residents of the area served by the system. See California Health and Safety Code 116275
Complaint: means a complaint or cross-complaint. See California Code of Civil Procedure 426.10
Contaminant: means any physical, chemical, biological, or radiological substance or matter in water. See California Health and Safety Code 116275
Continuance: Putting off of a hearing ot trial until a later time.
Corporation: means a domestic corporation as defined by Section 162 or 2509 or a foreign corporation that is qualified to transact business in California pursuant to Section 2105. See California Corporations Code 2281
Corporation: as used in this part and Part 5 (commencing with Section 9910), refers to corporations defined in subdivisions (b), (c), and (d). See California Corporations Code 5046
Counterclaim: A claim that a defendant makes against a plaintiff.
County: means the County of Solano. See California Government Code 66678
county: includes the City and County of San Francisco. See California Public Resources Code 2693
County: includes "city and county. See California Code of Civil Procedure 17
County: includes "city and county. See California Corporations Code 14
County: includes city and county. See California Financial Code 14
County: includes "city and county. See California Labor Code 14
county: includes "city and county". See California Penal Code 7
County: includes "city and county. See California Public Resources Code 14
County: includes "city and county. See California Welfare and Institutions Code 14
County: includes city and county. See California Fish and Game Code 32
County placing agency: means the county social service department or county probation department. See California Education Code 49061
Credential: means a government-issued record evidencing an individual's identity that satisfies the requirements of paragraph (3) or (4) of subdivision (b) of §. See California Government Code 8231.1
Credential analysis: means a process or service operating according to the requirements of this article and any rules or regulations adopted by the Secretary of State pursuant to this article, through which a third party affirms the validity of a credential through review of public and proprietary data sources. See California Government Code 8231.1
Credit report: A detailed report of an individual's credit history prepared by a credit bureau and used by a lender in determining a loan applicant's creditworthiness. ^{Source: OCC}
Creditor: means a person that has a claim, and includes an assignee of a general assignment for the benefit of creditors, as defined in Section 493. See California Civil Code 3439.01
creditor: means a person who has a claim, as defined in Section 3439. See California Civil Code 3440
Creditor: means "creditor" as defined in Section 3439. See California Civil Code 3445
creditor: means the state or the department or agency of the state seeking to collect the liability. See California Code of Civil Procedure 688.040
Day: means calendar day, and "week" means calendar week. See California Fish and Game Code 35
Debt: means liability on a claim. See California Civil Code 3439.01
Debtor: means a person that is liable on a claim. See California Civil Code 3439.01
debtor: means the debtor from whom the liability is sought to be collected. See California Code of Civil Procedure 688.040
Deed: The legal instrument used to transfer title in real property from one person to another.
Deep fried: means a food item that is cooked by total submersion in oil or fat. See California Education Code 49430
Department: means the Department of General Services. See California Public Resources Code 25470
department: means the Department of Transportation. See California Public Resources Code 25480
Department: means the Department of Consumer Affairs. See California Business and Professions Code 6980
Department: means the state board. See California Health and Safety Code 116275
Department: means the Department of Fish and Wildlife. See California Fish and Game Code 37
department: whenever used in this code , unless the context otherwise requires, means the State Department of Education. See California Education Code 89
Dependent: A person dependent for support upon another.
Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
Depository: means an individual or entity that has an active registration with the Secretary of State pursuant to Section 8231. See California Government Code 8231.1
Deputy director: means the deputy director appointed by the state board pursuant to subdivision (k) of Section 116271. See California Health and Safety Code 116275
Devise: To gift property by will.
director: means the Director of Consumer Affairs, unless the context indicates otherwise. See California Business and Professions Code 7512.1
Director: means the Director of the Department of Consumer Affairs. See California Business and Professions Code 6980
Director: means Director of Industrial Relations. See California Labor Code 20
Director: means the Director of Fish and Wildlife. See California Fish and Game Code 39
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
Directory information: means one or more of the following items: pupil's name, address, telephone number, date of birth, email address, major field of study, participation in officially recognized activities and sports, weight and height of members of athletic teams, dates of attendance, degrees and awards received, and the most recent previous public or private school attended by the pupil. See California Education Code 49061
Disadvantaged community: means the entire service area of a community water system, or a community therein, in which the median household income is less than 80 percent of the statewide annual median household income level. See California Health and Safety Code 116275
disclose: means to disclose, release, transfer, disseminate, or otherwise communicate all or any part of any record orally, in writing, or by electronic or any other means to any person or entity. See California Civil Code 1798.3
dissenting interest: means the interest of a limited partner that satisfies all of the following conditions:
California Corporations Code 15911.21
dissenting limited partner: means the recordholder of a dissenting interest, and includes an assignee of record of such an interest. See California Corporations Code 15911.21
Distribution: means a transfer of money or other property from a partnership to a partner in the partner's capacity as a partner or to the partner's transferee. See California Corporations Code 16101
District: means fish and game district. See California Fish and Game Code 41
Docket: A log containing brief entries of court proceedings.
Donee: The recipient of a gift.
ecological reserve: means land or land and water areas that are designated as an ecological reserve by the commission pursuant to Section 1580 and that are to be preserved in a natural condition, or which are to be provided some level of protection as determined by the commission, for the benefit of the general public to observe native flora and fauna and for scientific study or research. See California Fish and Game Code 1584
effective date: means January 1, 1977. See California Corporations Code 2300
Electronic: means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. See California Civil Code 3439.01
Electronic: means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. See California Government Code 8231.1
Electronic funds transfer: The transfer of money between accounts by consumer electronic systems-such as automated teller machines (ATMs) and electronic payment of bills-rather than by check or cash. (Wire transfers, checks, drafts, and paper instruments do not fall into this category.) ^{Source: OCC}
Electronic journal: means an active sequential record of official acts performed while using an online notarization system performed by a person acting as a notary public authorized to perform online notarization maintained in a secure electronic format according to the requirements of this article and any rules or regulations adopted by the Secretary of State pursuant to this article. See California Government Code 8231.1
Electronic online notarial certificate: means the part of, or attachment to, an electronic record that is completed by the notary public authorized to perform online notarization and contains both of the following:
California Government Code 8231.1
Electronic record: means a record created, generated, sent, communicated, received, or stored by electronic means. See California Government Code 8231.1
Electronic seal: means information within a notarized electronic record that corresponds to information in notary seals used on paper records and that, where applicable, conforms to the requirement of this article, including, but not limited to, subdivision (b) of Section 8231. See California Government Code 8231.1
Electronic signature: means an electronic sound, symbol, or process attached to or logically associated with an electronic record and executed or adopted by a person with the intent to sign the electronic record. See California Government Code 8231.1
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 by the partnership: 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 partnership, (2) posting on an electronic message board or network that the partnership 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, 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 16101
Electronic transmission to the corporation: means a communication (a) delivered by (1) facsimile telecommunication or electronic mail when directed to the facsimile number or electronic mail address, respectively, which the corporation has provided from time to time to shareholders or members and directors for sending communications to the corporation, (2) posting on an electronic message board or network which the corporation has designated for those communications, and which transmission shall be validly delivered upon the posting, or (3) other means of electronic communication, (b) as to which the corporation has placed in effect reasonable measures to verify that the sender is the shareholder or member (in person or by proxy) or director purporting to send the transmission, and (c) that creates a record that is capable of retention, retrieval, and review, and that may thereafter be rendered into clearly legible tangible form. See California Corporations Code 21
Eligible energy project: means an undertaking to acquire and to install one or more eligible energy measures in a building or facility, and technical assistance in connection with that undertaking. See California Public Resources Code 25411
Eligible institution: means a school, hospital, public care institution, unit of local government, or tribe. See California Public Resources Code 25411
Embezzlement: In most states, embezzlement is defined as theft/larceny of assets (money or property) by a person in a position of trust or responsibility over those assets. Embezzlement typically occurs in the employment and corporate settings. ^{Source: OCC}
employee: means an individual who works for an employer, is listed on the employer's payroll records, and is under the employer's direction and control. See California Business and Professions Code 7512.11
Employee: means an individual who works for an employer, is listed on the employer's payroll records, and is under the employer's direction and control. See California Business and Professions Code 6980
employer: means a person who employs an individual for wages or salary, lists the individual on the employer's payroll records, and withholds all legally required deductions and contributions. See California Business and Professions Code 7512.10 v2
encrypted: means rendered unusable, unreadable, or indecipherable to an unauthorized person through a security technology or methodology generally accepted in the field of information security. See California Government Code 8231.1
Energy audit: means a determination of the energy consumption characteristics of a building or facility that does all of the following:
California Public Resources Code 25411
Energy conservation measure: means an installation or modification of an installation in a building that is primarily intended to reduce energy consumption or allow the use of a more cost-effective energy source. See California Public Resources Code 25470
Enrolled bill: The final copy of a bill or joint resolution which has passed both chambers in identical form. It is printed on parchment paper, signed by appropriate officials, and submitted to the President/Governor for signature.
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.
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
Expense of an emergency response: means reasonable costs incurred by a public agency in reasonably making an appropriate emergency response to the incident, but shall only include those costs directly arising because of the response to the particular incident. See California Government Code 53156
Express written request: means a request made in writing and initiated by a principal to access, use, share, sell, disclose, produce, provide, release, transfer, disseminate, or otherwise communicate the specified information for a specific purpose. See California Government Code 8231.1
Facility: means any major energy using system of an eligible institution whether or not housed in a building. See California Public Resources Code 25411
Federal prosecutor: A lawyer appointed by the President in each judicial district to prosecute and defend cases for the federal government.
Federal public defender: An attorney employed by the federal courts on a full-time basis to provide legal defense to defendants who are unable to afford counsel. The judiciary administers the federal defender program pursuant to the Criminal Justice Act. ^{Source: U.S. Courts}
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.
Fiduciary: A trustee, executor, or administrator.
Final judgment: means a judgment, arbitration award, or criminal restitution order for which appeals have been exhausted or for which the period for appeal has expired, enforcement of which is not barred by the order of any court or by any statutory provision, which has not been nullified or rendered void by any court order or statutory provision, and for which the claimant has not otherwise been fully reimbursed. See California Corporations Code 2281
firearm permit: includes "firearms permit" "firearms qualification card" "firearms qualification" and "firearms qualification permit. See California Business and Professions Code 7512.13
Fish: means a wild fish, mollusk, crustacean, invertebrate, amphibian, or part, spawn, or ovum of any of those animals. See California Fish and Game Code 45
Fishery: means both of the following:
California Fish and Game Code 94
Fixed Rate: Having a "fixed" rate means that the APR doesn't change based on fluctuations of some external rate (such as the "Prime Rate"). In other words, a fixed rate is a rate that is not a variable rate. A fixed APR can change over time, in several circumstances:
- You are late making a payment or commit some other default, triggering an increase to a penalty rate
- The bank changes the terms of your account and you do not reject the change.
- The rate expires (if the rate was fixed for only a certain period of time).
Flash fried: means a food item that is quickly fried on both sides in oil with a temperature of 400 degrees Fahrenheit or higher. See California Education Code 49430
Flood hazard zone: means an area subject to flooding that is delineated as either a special hazard area or an area of moderate hazard on an official flood insurance rate map issued by the Federal Emergency Management Agency. See California Government Code 65007
Foreign limited liability partnership: means a partnership, other than a limited partnership, formed pursuant to an agreement governed by the laws of another jurisdiction and denominated or registered as a limited liability partnership or registered limited liability partnership under the laws of that jurisdiction (i) in which each partner is a licensed person or a person licensed or authorized to provide professional limited liability partnership services in a jurisdiction or jurisdictions other than this state, (ii) which is licensed under the laws of the state to engage in the practice of architecture, the practice of public accountancy, the practice of engineering, the practice of land surveying, or the practice of law, or (iii) which (I) is related to a registered limited liability partnership that practices public accountancy or, to the extent permitted by the State Bar of California, practices law or is related to a foreign limited liability partnership and (II) provides services related or complementary to the professional limited liability partnership services provided by, or provides services or facilities to, that registered limited liability partnership or foreign limited liability partnership. See California Corporations Code 16101
Foreign professional corporation: means a corporation organized under the laws of a state of the United States other than this state that is engaged in a profession of a type for which there is authorization in the Business and Professions Code for the performance of professional services by a foreign professional corporation. See California Corporations Code 13401
franchise: means a franchise granted by a public entity and all the rights and privileges thereof, other than the franchise of being a corporation. See California Code of Civil Procedure 708.910
Fund: means the Economic Recovery Fund created pursuant to Section 99060. See California Government Code 99051
Fund: means the Energy Efficient State Property Revolving Fund or the Energy Efficiency Retrofit State Revolving Fund. See California Public Resources Code 25470
Fund: means the Victims of Corporate Fraud Compensation Fund created by Section 2280. See California Corporations Code 2281
Geotechnical report: means a report prepared by a certified engineering geologist or a civil engineer practicing within the area of his or her competence, which identifies seismic hazards and recommends mitigation measures to reduce the risk of seismic hazard to acceptable levels. See California Public Resources Code 2693
Governing board: means board of school trustees, community college board of trustees, and city, and city and county board of education. See California Education Code 78
Governmental agency: as used in this article , includes a city, city and county, and district, but does not include a chartered city or city and county. See California Health and Safety Code 117080
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}
Grantor: The person who establishes a trust and places property into it.
Guarantor: A party who agrees to be responsible for the payment of another party's debts should that party default. ^{Source: OCC}
Hospital: means a public or nonprofit institution that is both of the following:
California Public Resources Code 25411
Human consumption: means the use of water for drinking, bathing or showering, hand washing, oral hygiene, or cooking, including, but not limited to, preparing food and washing dishes. See California Health and Safety Code 116275
Identity proofing: means a process or service operating according to the requirements of this article and any rules or regulations adopted by the Secretary of State pursuant to this article through which a third party affirms the identity of an individual through review of personal information from public or proprietary data sources. See California Government Code 8231.1
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: includes every natural person, domestic or foreign private corporation, nonprofit corporation, unincorporated association, company, partnership of whatever kind, syndicate, joint stock company, trustee, protective committee, depositors' league, and other similar organization however described. See California Corporations Code 27002
individual: means a natural person. See California Civil Code 1798.3
Initiating resolution: means a resolution by which a legislative body determines that public interest or necessity demands the issuance of bonds. See California Government Code 50665.1
Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
Intangible property: Property that has no intrinsic value, but is merely the evidence of value such as stock certificates, bonds, and promissory notes.
Intentionally wrongful conduct: means conduct intended to injure another person or property. See California Government Code 53156
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: means an owner or any other person interested in any of the following:
California Government Code 59380
Interrogatories: Written questions asked by one party of an opposing party, who must answer them in writing under oath; a discovery device in a lawsuit.
Intestate: Dying without leaving a will.
Irrevocable trust: A trust arrangement that cannot be revoked, rescinded, or repealed by the grantor.
Joint committee: Committees including membership from both houses of teh legislature. Joint committees are usually established with narrow jurisdictions and normally lack authority to report legislation.
Joint resolution: A legislative measure which requires the approval of both chambers.
Joint tenancy: A form of property ownership in which two or more parties hold an undivided interest in the same property that was conveyed under the same instrument at the same time. A joint tenant can sell his (her) interest but not dispose of it by will. Upon the death of a joint tenant, his (her) undivided interest is distributed among the surviving joint tenants.
Jurisprudence: The study of law and the structure of the legal system.
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
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.
Legacy: A gift of property made by will.
legislative body: means board of trustees, city council, or other governing body of a city. See California Government Code 34000
legislative body: means the board of supervisors in the case of a county or a city and county, the city council or board of trustees in the case of a city, and the board of directors or other governing body in the case of a district or other public agency, unless the context otherwise requires. See California Government Code 53000
Legislative body: means the city council in the case of a city, and the board of supervisors in the case of a county. See California Government Code 50665.1
Legislative body: means the board of supervisors of a county or city, or the governing board, by whatever name called, of a school district, district, municipal corporation, political subdivision, public corporation, or other public agency of the state. See California Government Code 53200
Legislative body: as used in this division , means board of supervisors in the case of a county or city and county, and city council or board of trustees in the case of a city, unless the context otherwise requires. See California Government Code 50002
Legislative session: That part of a chamber's daily session in which it considers legislative business (bills, resolutions, and actions related thereto).
license: shall include a permit or a certificate issued by a state agency. See California Penal Code 23
Licensed person: means any person who is duly licensed, authorized, or registered under the provisions of the Business and Professions Code to provide professional limited liability partnership services or who is lawfully able to render professional limited liability partnership services in this state. See California Corporations Code 16101
Licensed person: means any natural person who is duly licensed under the provisions of the Business and Professions Code, the Chiropractic Act, or the Osteopathic Act to render the same professional services as are or will be rendered by the professional corporation or foreign professional corporation of which the person is, or intends to become, an officer, director, shareholder, or employee. See California Corporations Code 13401
licensee: means a person licensed under this chapter. See California Business and Professions Code 7512.6
Licensee: means a business entity, whether an individual, partnership, or corporation, licensed under this chapter. See California Business and Professions Code 6980
licensing agency: means a panel of the Division of Medical Quality. See California Business and Professions Code 825
Licensing board: means any board, as defined in Section 22, the State Bar of California, and the Department of Real Estate. See California Business and Professions Code 30
Lien: means a charge against or an interest in property to secure payment of a debt or performance of an obligation, and includes a security interest created by agreement, a judicial lien obtained by legal or equitable process or proceedings, a common-law lien, or a statutory lien. See California Civil Code 3439.01
Life estate: A property interest limited in duration to the life of the individual holding the interest (life tenant).
local agency: includes any board or department of the local agency. See California Government Code 50660
Local agency: means any county, city, or city and county, including a chartered city, or special district, including a school district. See California Government Code 50665.1
Local agency: means an agency of the state for the local performance of governmental or proprietary function within limited boundaries. See California Government Code 53090
Local agency: means a county, city, school district, district, municipal corporation, political subdivision, public corporation, or other public agency of the state. See California Government Code 53200
local agency: means a county, city, public district, joint powers agency, or any public or municipal corporation. See California Government Code 53212
Local agency: as used in this article means a city, city and county, district, school district, municipal or public corporation, political subdivision, or other public agency of the State, or any instrumentality of one or more of any such agencies. See California Government Code 53215
Local agency: as used in this division means county, city, or city and county, unless the context otherwise requires. See California Government Code 50001
local educational agency: means a school district as defined in Section 41302. See California Education Code 47640
Local health officer: means a local health officer appointed pursuant to Section 101000 or a local comprehensive health agency designated by the board of supervisors pursuant to Section 101275 to carry out the drinking water program. See California Health and Safety Code 116275
Local primacy agency: means a local health officer that has applied for and received primacy delegation pursuant to Section 116330. See California Health and Safety Code 116275
Locksmith: means any person who, for any consideration or compensation whatsoever, engages, directly or indirectly and as a primary or secondary object, in the business of rekeying, installing, repairing, opening, modifying locks, or who originates keys for locks, including, but not limited to, electronic cloning of transponder keys and any other electronic programming of automotive keys and electronic operating devices, such as key fobs, door and ignition key devices, and successive electronic and other high-security key technology. See California Business and Professions Code 6980
maintain: includes maintain, acquire, use, or disclose. See California Civil Code 1798.3
maliciously: import a wish to vex, annoy, or injure another person, or an intent to do a wrongful act, established either by proof or presumption of law. See California Penal Code 7
Mammal: means a wild or feral mammal or part of a wild or feral animal, but not a wild, feral, or undomesticated burro. See California Fish and Game Code 54
manager: means an individual designated under an operating agreement of a manager-managed limited liability company who is responsible for performing the management functions for the limited liability company specified in subdivision (c) of §. See California Business and Professions Code 7512.15
Manufacturer: means any individual, partnership, corporation, association, or other legal relationship that manufactures, assembles, or produces consumer goods. See California Civil Code 1791
Maximum contaminant level: means the maximum permissible level of a contaminant in water. See California Health and Safety Code 116275
mayor: includes president of the legislative body. See California Government Code 34002
member: means an individual who is a member of a limited liability company as specified in §. See California Business and Professions Code 7512.14
Member: as used in this chapter , means all persons who become members of the plan under this part on or after October 16, 1992, and all persons who were members as of October 15, 1992, who elected, pursuant to Chapter 21. See California Education Code 23850
Member: includes members of associations without capital stock and holders of common stock in associations organized with shares of stock. See California Corporations Code 13202
Members: as used in this chapter , means all members who were receiving a disability allowance on October 15, 1992, and all persons who were members of the plan under this part on October 15, 1992, who were not receiving an allowance and who did not elect, pursuant to Chapter 21. See California Education Code 23800
Members of the personnel of record: as used in this chapter means every person listed in the records of the registrar as then associated with a licensee. See California Business and Professions Code 7025
Mile: means either a statute mile (5,280 feet) or a nautical mile (6,077 feet) depending on the application. See California Fish and Game Code 55
Mitigation: means those measures that are consistent with established practice and that will reduce seismic risk to acceptable levels. See California Public Resources Code 2693
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.
Mortgage loan: A loan made by a lender to a borrower for the financing of real property. ^{Source: OCC}
Mortgagee: The person to whom property is mortgaged and who has loaned the money.
Mortgagor: The person who pledges property to a creditor as collateral for a loan and who receives the money.
National Bank: A bank that is subject to the supervision of the Comptroller of the Currency. The Office of the Comptroller of the Currency is a bureau of the U.S. Treasury Department. A national bank can be recognized because it must have "national" or "national association" in its name. ^{Source: OCC}
National Credit Union Administration: The federal regulatory agency that charters and supervises federal credit unions. (NCUA also administers the National Credit Union Share Insurance Fund, which insures the deposits of federal credit unions.) ^{Source: OCC}
Navigable waters: means all public waters of the state in any river, stream, lake, reservoir, or other body of water, including all salt water bays, inlets, and estuaries within the jurisdiction of the state. See California Health and Safety Code 117510
Net: means any gear made of any kind of twine, thread, string, rope, wire, wood, or other materials used for the gilling, entangling, trapping, or impounding of fish. See California Fish and Game Code 56
new law: means this division of the Corporations Code as amended by act of the California Legislature, 1975-76 Regular Session, effective January 1, 1977, and as in effect on that date. See California Corporations Code 2300
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.
Noncommunity water system: means a public water system that is not a community water system. See California Health and Safety Code 116275
Nonmember: as used in this article , means the spouse or former spouse, or child or other dependent as ordered by the court, 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 31685.1
Nontransient noncommunity water system: means a public water system that is not a community water system and that regularly serves at least 25 of the same persons over six months per year. See California Health and Safety Code 116275
Notarial act: means the performance of an act by an individual that is authorized under the laws of this state, including acts described in Sections 8202, 8205, this article, and Sections 1185 and 1195 of the Civil Code. See California Government Code 8231.1
Notice: includes all papers and orders required to be served in any proceedings before any court, board, or officer, or when required by law to be served independently of such proceeding. See California Government Code 26660
Oath: includes affirmation. See California Business and Professions Code 20
Oath: includes affirmation. See California Military and Veterans Code 15
office: means the Office of Emergency Services. See California Public Resources Code 2811
Online notarization platform: means an individual or entity that has an active registration with the Secretary of State pursuant to Section 8231. See California Government Code 8231.1
Online notarization system: means the computer hardware and software that enable a notary public to do both of the following:
California Government Code 8231.1
Open format: means information that is formatted in a manner that is platform independent, machine readable, and made available to the public without restrictions that would impede the reuse of that information. See California Government Code 8231.1
Organization: means a person other than an individual. See California Civil Code 3439.01
Owned: means owned or controlled. See California Health and Safety Code 117080
Par fried: means a food item that is fried to reach an internal temperature of 160 degrees Fahrenheit then it is cooled to room temperature so that it may be refrigerated or frozen for future frying. See California Education Code 49430
Parent: means a natural parent, an adopted parent, or legal guardian. See California Education Code 49061
Parkfield characteristic earthquake: means an earthquake that has, among other qualities, a magnitude between 5. See California Public Resources Code 2801
Parkfield prototype earthquake prediction system: means a dense cluster of instruments along the Parkfield section of the San Andreas fault which monitors earthquake activity, local distortion of the Earth's crust, strain levels, creep adjustments along the fault, and other phenomena which may be useful in making a short-term earthquake prediction. See California Public Resources Code 2801
Partnership: means an association of two or more persons to carry on as coowners a business for profit formed under Section 16202, predecessor law, or comparable law of another jurisdiction, and includes, for all purposes of the laws of this state, a registered limited liability partnership, and excludes any partnership formed under Chapter 4. See California Corporations Code 16101
Partnership agreement: means the agreement, whether written, oral, or implied, among the partners concerning the partnership, including amendments to the partnership agreement. See California Corporations Code 16101
peace officer: signify any one of the officers mentioned in Chapter 4. See California Penal Code 7
person: includes any individual, firm, company, limited liability company, association, organization, partnership, and corporation. See California Business and Professions Code 7512.3
Person: means any individual, firm, company, association, organization, partnership, or corporation. See California Business and Professions Code 6980
Person: as used in this chapter includes an individual, a firm, partnership, corporation, limited liability company, association or other organization, or any combination thereof. See California Business and Professions Code 7025
Person: means an individual, corporation, business trust, estate, trust, partnership, limited partnership, limited liability partnership, limited liability company, association, joint venture, government, governmental subdivision, agency, or instrumentality, or any other legal or commercial entity. See California Corporations Code 16101
Person: means an individual, partnership, corporation, limited liability company, association, government or governmental subdivision, instrumentality or agency, business trust, estate, trust, business or nonprofit entity, or other legal entity. See California Civil Code 3439.01
Person: means an individual, corporation, company, association, partnership, limited liability company, municipality, public utility, or other public body or institution, including the United States to the extent authorized by federal law. See California Health and Safety Code 116275
person: includes any natural person, corporation, partnership, limited liability company, firm, or association. See California Government Code 7920.520
person: means any natural person, corporation, partnership, limited liability company, firm, or association. See California Civil Code 1798.3
Person: includes a corporation as well as a natural person. See California Code of Civil Procedure 17
Person: includes any person, firm, partnership, association, corporation, company, limited liability company, syndicate, estate, trust, business trust, or organization of any kind. See California Financial Code 18
Person: means any person, association, organization, partnership, business trust, limited liability company, or corporation. See California Labor Code 18
person: includes a corporation as well as a natural person. See California Penal Code 7
Person: means any natural person or any partnership, corporation, limited liability company, trust, or other type of association. See California Fish and Game Code 67
personal information: means any information that is maintained by an agency that identifies or describes an individual, including, but not limited to, the individual's name, social security number, physical description, home address, home telephone number, education, financial matters, and medical or employment history. See California Civil Code 1798.3
personal property: include money, goods, chattels, things in action, and evidences of debt. See California Civil Code 14
Petition: includes any form of pleading brought pursuant to Section 65751, whether it is a petition, complaint, cross-complaint, complaint in intervention, or any other form. See California Government Code 65750
Plaintiff: means a person who files a complaint or cross-complaint. See California Code of Civil Procedure 426.10
Plan: means the White Slough Specific Area Plan adopted pursuant to this chapter. See California Government Code 66678
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.
Pledged revenue: means a specified annual dollar amount from a specified source or combination of sources of revenue, which the legislative body of a local agency, in a resolution providing for the issuance of limited obligation bonds, has designated and pledged as security for the bonds in accordance with Section 50665. See California Government Code 50665.1
Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. ^{Source: OCC}
Preparedness: means long-term preearthquake hazard mitigation, reconstruction, and recovery planning and preparation for emergency response. See California Public Resources Code 2811
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 conference: A meeting of the judge and lawyers to discuss which matters should be presented to the jury, to review evidence and witnesses, to set a timetable, and to discuss the settlement of the case.
Primary drinking water standards: means :
California Health and Safety Code 116275
Principal: means an individual, other than a credible witness pursuant to §. See California Government Code 8231.1
prior law: means the applicable law as in effect prior to January 1, 1977. See California Corporations Code 2300
Private admonition: as used in this article and in Article 3 (commencing with Section 44240) of Chapter 2, is a warning, in writing, to the applicant or credentialholder that states in ordinary and concise language the act or omission of the applicant or credentialholder and further states that repetition of that act or omission may result in denial, suspension, or revocation of the credential. See California Education Code 44438
Probable cause: A reasonable ground for belief that the offender violated a specific law.
Probation officers: Screen applicants for pretrial release and monitor convicted offenders released under court supervision.
Process: includes all writs, warrants, summons, and orders of courts of justice, or judicial officers. See California Government Code 26660
Process: signifies a writ or summons issued in the course of a judicial proceeding. See California Code of Civil Procedure 17
Professional corporation: means a corporation organized under the General Corporation Law or pursuant to subdivision (b) of Section 13406 that is engaged in rendering professional services in a single profession, except as otherwise authorized in Section 13401. See California Corporations Code 13401
Professional limited liability partnership services: means the practice of architecture, the practice of public accountancy, the practice of engineering, the practice of land surveying, or the practice of law. See California Corporations Code 16101
Professional services: means any type of professional services that may be lawfully rendered only pursuant to a license, certification, or registration authorized by the Business and Professions Code, the Chiropractic Act, or the Osteopathic Act. See California Corporations Code 13401
Project: means a purpose for which an allocation may be requested and made under this chapter. See California Public Resources Code 25411
Project: means a purpose for which an allocation may be requested and made under this chapter. See California Public Resources Code 25470
project: means either of the following:
California Public Resources Code 2621.6
Property: means all property, real, personal, or mixed, tangible or intangible, or any interest therein. See California Corporations Code 16101
Property: means anything that may be the subject of ownership. See California Civil Code 3439.01
property: includes property real and personal. See California Civil Code 14
Property: includes both personal and real property. See California Code of Civil Procedure 17
property: includes both real and personal property. See California Penal Code 7
Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
Proxy voting: The practice of allowing a legislator to cast a vote in committee for an absent legislator.
public agency: includes every port district, river port district, municipal port district, harbor district, harbor improvement district, joint harbor improvement district, Board of State Harbor Commissioners, board of harbor commissioners, city, county, and city and county in this state. See California Corporations Code 10700
public agency: means any state or local agency. See California Government Code 7920.525
Public agency: means the state and any city, county, municipal corporation, district, or public authority located, in whole or in part, within this state which provides or may provide firefighting, police, ambulance, medical, or other emergency services. See California Government Code 53156
Public care institution: means a public or nonprofit institution that owns:
California Public Resources Code 25411
Public defender: Represent defendants who can't afford an attorney in criminal matters.
Public entity: means the state, a county, city, district, public authority, public agency, and any other political subdivision in the state. See California Code of Civil Procedure 708.710
Public health goal: means a goal established by the Office of Environmental Health Hazard Assessment pursuant to subdivision (c) of Section 116365. See California Health and Safety Code 116275
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 or nonprofit institution: means an institution owned and operated by:
California Public Resources Code 25411
public records: includes any writing containing information relating to the conduct of the public's business prepared, owned, used, or retained by any state or local agency regardless of physical form or characteristics. See California Government Code 7920.530
public safety official: means the following parties, whether active or retired:
California Government Code 7920.535
Public water system: means a system for the provision of water for human consumption through pipes or other constructed conveyances that has 15 or more service connections or regularly serves an average of at least 25 individuals daily at least 60 days out of the year. See California Health and Safety Code 116275
Pupil record: means any item of information directly related to an identifiable pupil, other than directory information, that is maintained by a school district or required to be maintained by an employee in the performance of his or her duties whether recorded by handwriting, print, tapes, film, microfilm, or other means. See California Education Code 49061
Purchase: means "buy" as defined in Section 24. See California Fish and Game Code 68
qualified manager: means the individual under whose direction, control, charge, or management the business of a licensee is operated as specified in Section 7536. See California Business and Professions Code 7512.7
qualifier: as used in this chapter , means a person who qualifies for a license pursuant to Section 7068. See California Business and Professions Code 7025
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 Civil Code 3439.01
Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in both physical and electronic form. See California Government Code 8231.1
record: means any file or grouping of information about an individual that is maintained by an agency by reference to an identifying particular such as the individual's name, photograph, finger or voice print, or a number or symbol assigned to the individual. See California Civil Code 1798.3
Records of online notarial acts: means , collectively, the electronic journal entries required by Section 8231. See California Government Code 8231.1
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}
Registered limited liability partnership: means a partnership, other than a limited partnership, formed pursuant to an agreement governed by Article 10 (commencing with Section 16951), that is registered under Section 16953 and (i) each of the partners of which is a licensed person or a person licensed or authorized to provide professional limited liability partnership services in a jurisdiction or jurisdictions other than this state, (ii) is licensed under the laws of the state to engage in the practice of architecture, the practice of public accountancy, the practice of engineering, the practice of land surveying, or the practice of law, or (iii)(I) is related to a registered limited liability partnership that practices public accountancy or, to the extent permitted by the State Bar of California, practices law or is related to a foreign limited liability partnership and (II) provides services related or complementary to the professional limited liability partnership services provided by, or provides services or facilities to, that registered limited liability partnership or foreign limited liability partnership. See California Corporations Code 16101
regulatory agency: means the Department of Financial Protection and Innovation, the Department of Insurance, the Bureau of Real Estate, and agencies of the United States or of any other state responsible for regulating financial institutions. See California Civil Code 1798.3
Related cause of action: means a cause of action which arises out of the same transaction, occurrence, or series of transactions or occurrences as the cause of action which the plaintiff alleges in his complaint. See California Code of Civil Procedure 426.10
Remote presentation: means transmission to the notary public through audio-video communication of an image of a government-issued identification that complies with paragraph (3) or (4) of subdivision (b) of §. See California Government Code 8231.1
Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
Resident: means a person who physically occupies, whether by ownership, rental, lease, or other means, the same dwelling for at least 60 days of the year. See California Health and Safety Code 116275
Resident: means any person who has resided continuously in the State of California for six months or more immediately prior to the date of application for a license or permit, any person on active military duty with the Armed Forces of the United States or auxiliary branch thereof, or any person enrolled in the Job Corps established pursuant to former Section 2883 of Title 29 of the United States Code. See California Fish and Game Code 70
Resolution: means any resolution, trust agreement, indenture, certificate, or other instrument authorizing the issuance of bonds pursuant to this title and providing for their security and repayment. See California Government Code 99051
Resolution: means a resolution by which a legislative body authorizes the issuance, sale, and delivery of bonds. See California Government Code 50665.1
Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
Revenues: include the proceeds of ad valorem taxes on real property levied by, or allocated to, the local agency, and the proceeds of sales and use taxes. See California Government Code 50665.1
Revocable trust: A trust agreement that can be canceled, rescinded, revoked, or repealed by the grantor (person who establishes the trust).
Sacramento-San Joaquin Valley: means lands in the bed or along or near the banks of the Sacramento River or San Joaquin River, or their tributaries or connected therewith, or upon any land adjacent thereto, or within the overflow basins thereof, or upon land susceptible to overflow therefrom. See California Government Code 65007
School: means a public or nonprofit institution, including a local educational agency, which:
California Public Resources Code 25411
School campus: means all areas of the property under the jurisdiction of the school that are accessible to pupils during the schoolday. See California Education Code 49430
School district: means any school district maintaining any kindergarten or any of grades 1 to 12, inclusive, any public school providing instruction in any kindergarten or any of grades 1 to 12, inclusive, the office of the county superintendent of schools, or any special school operated by the department. See California Education Code 49061
Schoolday: means the period from the midnight before to 30 minutes after the end of the official schoolday. See California Education Code 49430
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
season: means "open season. See California Fish and Game Code 62
Secondary drinking water standards: means standards that specify maximum contaminant levels that, in the judgment of the state board, are necessary to protect the public welfare. See California Health and Safety Code 116275
Sell: includes offer for sale, expose for sale, possess for sale, exchange, barter, or trade. See California Food and Agricultural Code 44
Sell: includes offer or possess for sale, barter, exchange, or trade. See California Fish and Game Code 75
Sequester: To separate. Sometimes juries are sequestered from outside influences during their deliberations.
Service connection: means the point of connection between the customer's piping or constructed conveyance, and the water system's meter, service pipe, or constructed conveyance. See California Health and Safety Code 116275
Service of process: The service of writs or summonses to the appropriate party.
Short-term prediction: means a prediction of an earthquake that is expected to occur within a few hours to a few weeks. See California Public Resources Code 2801
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
Significant rise in the bacterial count of water: means a rise in the bacterial count of water that the state board determines, by regulation, represents an immediate danger to the health of water users. See California Health and Safety Code 116275
Small community water system: means a community water system that serves no more than 3,300 service connections or a yearlong population of no more than 10,000 persons. See California Health and Safety Code 116275
Sold: means the exchange of food or beverages for money, coupons, vouchers, or order forms when any part of the exchange occurs on a school campus. See California Education Code 49430
South White Slough: means all tidally influenced areas south of State Highway Route 37 which would naturally drain northerly to the Napa River, any areas within the tidally influenced portions of the slough that have been filled pursuant to a commission permit, and any areas within the tidally influenced portions of the slough which have been filled after January 1, 1977, without a permit from the commission. See California Government Code 66678
Spouse: includes "registered domestic partner" as required by §. See California Code of Civil Procedure 17
Spouse: includes "registered domestic partner" as required by §. See California Corporations Code 12.2
Spouse: includes "registered domestic partner" as required by §. See California Government Code 12.2
State: means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or any territory or insular possession subject to the jurisdiction of the United States. See California Corporations Code 16101
State: means the State of California. See California Code of Civil Procedure 708.710
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 Fish and Game Code 83
State: means the State of California, unless applied to the different parts of the United States. See California Education Code 77
State agency: means a unit of state government, including any department, agency, board, or commission under the State of California. See California Public Resources Code 25470
state agency: means every state office, officer, department, division, bureau, board, and commission or other state body or agency, except those agencies provided for in Article IV (except Section 20 thereof) or Article VI of the California Constitution. See California Government Code 7920.540
State agency: means a state office, officer, department, division, bureau, board, commission or agency claims against which are paid by warrants drawn by the Controller. See California Code of Civil Procedure 708.710
State board: means the State Water Resources Control Board. See California Health and Safety Code 116275
state board: whenever used in this code means the State Board of Education, unless the context requires otherwise. See California Education Code 88
State department: means that state organization designated by law or agreement that allocates block grant funds to local agencies or is otherwise responsible for administering block grant funds. See California Government Code 53131
State small water system: means a system for the provision of piped water to the public for human consumption that serves at least 5, but not more than 14, service connections and does not regularly serve drinking water to more than an average of 25 individuals daily for more than 60 days out of the year. See California Health and Safety Code 116275
Statement: means a statement of partnership authority under Section 16303, a statement of denial under Section 16304, a statement of dissociation under Section 16704, a statement of dissolution under Section 16805, a statement of conversion or a certificate of conversion under Section 16906, a statement of merger under Section 16915, or an amendment or cancellation of any of the foregoing. See California Corporations Code 16101
Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
stock: means a species, subspecies, geographical grouping, or other category of fish capable of management as a unit. See California Fish and Game Code 98.5
Subdivision: means a subdivision of the section in which that term occurs unless some other section is expressly mentioned. See California Food and Agricultural Code 49
Subdivision: means a subdivision of the section in which that term occurs unless some other section is expressly mentioned. See California Fish and Game Code 73
Subpoena: A command to a witness to appear and give testimony.
Subpoena duces tecum: A command to a witness to produce documents.
subscription: includes mark when the signer or subscriber cannot write, such signer's or subscriber's name being written near the mark by a witness who writes his own name near the signer's or subscriber's name. See California Military and Veterans Code 17
substitute: means a person who performs the duties of the individual who made the notes on a temporary basis, and does not refer to a person who permanently succeeds the maker of the notes in his or her position. See California Education Code 49061
Summons: Another word for subpoena used by the criminal justice system.
system of records: means one or more records, which pertain to one or more individuals, which is maintained by any agency, from which information is retrieved by the name of an individual or by some identifying number, symbol, or other identifying particular assigned to the individual. See California Civil Code 1798.3
Take: means hunt, pursue, catch, capture, or kill, or attempt to hunt, pursue, catch, capture, or kill. See California Fish and Game Code 86
Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
Tenancy in common: A type of property ownership in which two or more individuals have an undivided interest in property. At the death of one tenant in common, his (her) fractional percentage of ownership in the property passes to the decedent
Testify: Answer questions in court.
Testimony: Evidence presented orally by witnesses during trials or before grand juries.
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
Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
Transfer: includes an assignment, conveyance, lease, mortgage, deed, and encumbrance. See California Corporations Code 16101
Transfer: means every mode, direct or indirect, absolute or conditional, voluntary or involuntary, of disposing of or parting with an asset or an interest in an asset, and includes payment of money, release, lease, license, and creation of a lien or other encumbrance. See California Civil Code 3439.01
Transfer: means "transfer" as defined in Section 3439. See California Civil Code 3445
Transferee: means the person to whom property was transferred or an obligation was incurred, or the successors or assigns of the person. See California Civil Code 3445
Tribal building: means a building that is owned, or primarily used, by a tribe located within or outside of Indian country, located in California, and primarily occupied by any of the following:
California Public Resources Code 25411
Tribe: means a California Native American tribe located in California that is on the contact list maintained by the Native American Heritage Commission for purposes of Chapter 905 of the Statutes of 2004. See California Public Resources Code 25411
Trustee: means the Treasurer or a bank or trust company within or without the state acting as trustee for any issue of bonds under this title and, if there is more than one issue of bonds, the term means the trustee for each issue of bonds, respectively. See California Government Code 99051
Trustor: The person who makes or creates a trust. Also known as the grantor or settlor.
Undetermined risk area: means an urban or urbanizing area within a moderate flood hazard zone, as delineated on an official flood insurance rate map issued by the Federal Emergency Management Agency, which has not been determined to have an urban level of protection. See California Government Code 65007
Uniform Commercial Code: A set of statutes enacted by the various states to provide consistency among the states' commercial laws. It includes negotiable instruments, sales, stock transfers, trust and warehouse receipts, and bills of lading. ^{Source: OCC}
Unit of local government: means a unit of general purpose government below the state, a special district, or any combination of that unit and special district formed for the joint exercise of power. See California Public Resources Code 25411
United States: means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. See California Government Code 8231.1
Urban area: means a developed area in which there are 10,000 residents or more. See California Government Code 65007
Urban level of flood protection: means the level of protection that is necessary to withstand flooding that has a 1-in-200 chance of occurring in any given year using criteria consistent with, or developed by, the Department of Water Resources. See California Government Code 65007
User: means a person using water for domestic purposes. See California Health and Safety Code 116275
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.
Usury: Charging an illegally high interest rate on a loan. ^{Source: OCC}
Verdict: The decision of a petit jury or a judge.
Vessel: means every description of craft or other contrivance used, or capable of being used, as a means of transportation in or on water. See California Health and Safety Code 117510
vessel: means a vessel as defined in subdivision (c) of §. See California Penal Code 7
Water distribution operator: means a person who has met the requirements for a specific water distribution operator grade pursuant to Section 106875. See California Health and Safety Code 116275
Water distribution system: means any combination of pipes, tanks, pumps, and other physical features that deliver water from the source or water treatment plant to the consumer. See California Health and Safety Code 116275
Water treatment operator: means a person who has met the requirements for a specific water treatment operator grade pursuant to Section 106875. See California Health and Safety Code 116275
Water treatment plant: means a group or assemblage of structures, equipment, and processes that treats, blends, or conditions the water supply of a public water system. See California Health and Safety Code 116275
Waterworks standards: means regulations adopted by the state board entitled "California Waterworks Standards" (Chapter 16 (commencing with Section 64551) of Division 4 of Title 22 of the California Code of Regulations). See California Health and Safety Code 116275
Weeds: as used in this article , includes any of the following:
California Government Code 39561.5
White Slough: means , within the county and the city, the historic, unfilled bed of White Slough, all lands surrounding the historic bed of White Slough that have been touched by tidal waters since January 1, 1977, any areas within the tidal and tidally influenced portions of the slough that have been filled pursuant to a permit from the commission, and any areas within the tidal and tidally influenced portions of the slough which have been filled after January 1, 1977, without a permit from the commission. See California Government Code 66678
wildlife: means birds, mammals, and reptiles not raised in captivity. See California Fish and Game Code 1800
Wildlife: means and includes all wild animals, birds, plants, fish, amphibians, reptiles, and related ecological communities, including the habitat upon which the wildlife depends for its continued viability. See California Fish and Game Code 89.5
will: includes codicil. See California Civil Code 14
Will: includes codicil. See California Code of Civil Procedure 17
will: includes codicil. See California Penal Code 7
willfully: when applied to the intent with which an act is done or omitted, implies simply a purpose or willingness to commit the act, or make the omission referred to. See California Penal Code 7
writing: means any 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 Government Code 7920.545
Writing: includes printing and typewriting. See California Code of Civil Procedure 17
Writing: includes any form of recorded message capable of comprehension by ordinary visual means. See California Financial Code 8

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California Codes > Code of Civil Procedure > Part 2 > Title 6 – OF THE PLEADINGS IN CIVIL ACTIONS

Terms Used In California Codes > Code of Civil Procedure > Part 2 > Title 6 - OF THE PLEADINGS IN CIVIL ACTIONS

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