Terms Used In California Codes > Probate Code > Division 7 > Part 9 - PAYMENT OF DEBTS

• Adjustment factor: means the job order contractor's competitively bid adjustment to the community college district's prices as published in the unit price catalog. See California Public Contract Code 20665.21
• Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
• Ammunition: means one or more loaded cartridges consisting of a primed case, propellant, and with one or more projectiles. See California Health and Safety Code 1569.281
• Appraisal: A determination of property value.
• Arrest: Taking physical custody of a person by lawful authority.
• 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.
• Beneficial ownership interest: means an ownership interest through the possession of stock, equity in capital, or any interest in the profits of the applicant or licensee, or through the possession of such an interest in other entities that directly or indirectly hold an interest in the applicant or licensee. See California Health and Safety Code 1569.2
• Best value: means a procurement process whereby the selected bidder may be selected on the basis of objective criteria for evaluating the qualifications of bidders with the resulting selection representing the best combination of price and qualifications. See California Public Contract Code 20663.1
• Best value contractor: means a properly licensed person, firm, or corporation that submits a bid for and is awarded a best value contract. See California Public Contract Code 20663.1
• Best value score: means the resulting score when the community college district divides the bidder's price by the bidder's qualification score. See California Public Contract Code 20663.1
• Care and supervision: means the facility assumes responsibility for, or provides or promises to provide in the future, ongoing assistance with activities of daily living without which the resident's physical health, mental health, safety, or welfare would be endangered. See California Health and Safety Code 1569.2
• Chain: means a group of two or more licensees that are controlled, as defined in this section, by the same persons or entities. See California Health and Safety Code 1569.2
• Child: means any individual under 19 years of age. See California Insurance Code 10950
• City: includes "city and county" and "incorporated town. See California Streets and Highways Code 15
• 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

• commission: means the California Transportation Commission. See California Streets and Highways Code 22
• Community college district: means the Los Angeles Community College District. See California Public Contract Code 20663.1
• Community college district: means any community college district. See California Public Contract Code 20665.21
• Community property: means :

  California Probate Code 28

• Conservator: includes a limited conservator. See California Probate Code 30
• Consumer: means an individual who seeks or acquires, by purchase or lease, any goods or services for personal, family, or household purposes. See California Civil Code 1761
• Consumer: means a natural individual. See California Civil Code 1785.3
• Control: means the ability to direct the operation or management of the applicant or licensee and includes the ability to exercise control through intermediary or subsidiary entities. See California Health and Safety Code 1569.2
• Conviction: A judgement of guilt against a criminal defendant.
• Creditor: means a person who may have a claim against estate property. See California Probate Code 9000
• Deadly weapon: means any of the following:

  California Health and Safety Code 1569.281

• Decedent: A deceased person.
• Deed: The legal instrument used to transfer title in real property from one person to another.
• Demonstrated management competency: means the experience, competency, capability, and capacity of the proposed management staffing to complete projects of similar size, scope, or complexity. See California Public Contract Code 20663.1
• Department: means the State Department of Social Services. See California Health and Safety Code 1569.2
• Director: means the Director of Social Services. See California Health and Safety Code 1569.2
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• Facility: means a residential care facility for the elderly licensed by the State Department of Social Services, Community Care Licensing Division. See California Health and Safety Code 1569.281
• 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.
• Family allowance: means an allowance provided for in Chapter 4 (commencing with Section 6540) of Part 3 of Division 6. See California Probate Code 38
• Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
• Financial condition: means the financial resources needed to perform the contract. See California Public Contract Code 20663.1
• 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
• Firearm: means a device, designed to be used as a weapon, from which is expelled through a barrel, a projectile by the force of an explosion or other form of combustion, including the frame or receiver of the device. See California Health and Safety Code 1569.281
• Goods: means tangible chattels bought or leased for use primarily for personal, family, or household purposes, including certificates or coupons exchangeable for these goods, and including goods that, at the time of the sale or subsequently, are to be so affixed to real property as to become a part of real property, whether or not they are severable from the real property. See California Civil Code 1761
• governing board of the community college district: means the governing board of the Los Angeles Community College District. See California Public Contract Code 20663.1
• Indefinite quantity: means one or more of the construction tasks listed in the unit price catalog. See California Public Contract Code 20665.21
• 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.
• Initial open enrollment period: means the open enrollment period beginning on January 1, 2011, and ending 60 days thereafter. See California Insurance Code 10950
• interested person: includes any of the following:

  California Probate Code 48

• Job order: means a firm, fixed priced, lump-sum order issued by the school district to a job order contractor for a definite project scope of work as compiled from the unit price catalog to be performed pursuant to a job order contract. See California Public Contract Code 20665.21
• Job order contract: means a contract, awarded to a most qualified bidder as described in paragraph (1) of subdivision (b) of Section 20665. See California Public Contract Code 20665.21
• Job order contract technical specifications: means a book, published by the community college district, detailing the technical specifications with regard to quality of materials and workmanship to be used by the job order contractor in accomplishing the tasks listed in the unit price catalog. See California Public Contract Code 20665.21
• Job order contractor: means a licensed, bonded, and general liability insured contractor awarded a job order contract. See California Public Contract Code 20665.21
• Labor compliance: means the ability to comply with, and past conformance with, contract and statutory requirements for the payment of wages and qualifications of the workforce. See California Public Contract Code 20663.1
• Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
• License: means a basic permit to operate a residential care facility for the elderly. See California Health and Safety Code 1569.2
• Lien: A claim against real or personal property in satisfaction of a debt.
• Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• Offer to perform work: means the job order contractor's proposal for a specific job order. See California Public Contract Code 20665.21
• Open enrollment period: means the annual open enrollment period subsequent to the initial open enrollment period, applicable to each individual child that is the month of the child's birth date. See California Insurance Code 10950
• Parent organization: means an organization in control of another organization either directly or through one or more intermediaries. See California Health and Safety Code 1569.2
• Person: means an individual, partnership, corporation, limited liability company, association, or other group, however organized. See California Civil Code 1761
• 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
• Personal care: means assistance with personal activities of daily living, to help provide for and maintain physical and psychosocial comfort. See California Health and Safety Code 1569.2
• 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
• 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}
• Power of termination: includes the power created in a transferee to terminate a fee simple estate in real property to enforce a restriction on the use of the real property in the form of a limitation or condition subsequent to which the fee simple estate is subject, whether the power is characterized in the instrument that creates or evidences it as an executory interest, executory limitation, or otherwise, and includes the interest known at common law as an executory interest preceded by a fee simple determinable. See California Civil Code 885.010
• PPACA: means the federal Patient Protection and Affordable Care Act (Public Law 111-148), as amended by the Health Care and Education Reconciliation Act of 2010 (Public Law 111-152), and any subsequent rules or regulations issued pursuant to that law. See California Insurance Code 10950
• Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
• Project: means the specific requirements and work to be accomplished by the job order contractor in connection with an individual job order. See California Public Contract Code 20919.21
• Project: means the specific requirements and work to be accomplished by the job order contractor in connection with an individual job order. See California Public Contract Code 20665.21
• Project labor agreement: means an agreement that meets the requirements of Section 2500. See California Public Contract Code 20919.21
• Project labor agreement: means an agreement that meets the requirements of Section 2500. See California Public Contract Code 20665.21
• Project scope of work: means the document and related drawings, specifications, and writings referenced therein which together set forth the specific requirements and work to be accomplished by the job order contractor in connection with an individual job order. See California Public Contract Code 20665.21
• property: includes property real and personal. See California Civil Code 14
• 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
• Proposal: means the job order contractor prepared document quoting those construction tasks listed in the unit price catalog that the job order contractor requires to complete the project scope of work, together with the appropriate quantities of each task. See California Public Contract Code 20919.21
• Proposal: means the job order contractor prepared document quoting those construction tasks listed in the unit price catalog that the job order contractor requires to complete the project scope of work, together with the appropriate quantities of each task. See California Public Contract Code 20665.21
• Protective supervision: means observing and assisting confused residents, including persons with dementia, to safeguard them against injury. See California Health and Safety Code 1569.2
• Public entity: means any city, charter city, city and county, county, district, public corporation, or political subdivision of the state. See California Public Contract Code 20671
• 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 leaseback: means any lease by a public entity, as lessee, of buildings, structures, or other facilities which are permanently attached to land, where the lease is between the public entity and a public leaseback corporation, as lessor, and the lease is executed before the buildings, structures, or facilities have been built. See California Public Contract Code 20671
• Public leaseback corporation: means any corporation or nonprofit corporation organized or controlled by a public entity which constructs or arranges for the construction of buildings, structures, or other facilities which are permanently attached to land for public leaseback. See California Public Contract Code 20671
• public project: means :

  California Public Contract Code 20161

• Qualifications: means financial condition, relevant experience, demonstrated management competency, labor compliance, the safety record of the bidder, and, to the extent relevant, the preceding qualifications as they pertain to all subcontractors proposed to be used by the bidder for designated portions of the work. See California Public Contract Code 20663.1
• Quasi-community property: means the following property, other than community property as defined in Section 28:

  California Probate Code 66

• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• 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}
• Relevant experience: means the experience, competency, capability, and capacity to complete projects of similar size, scope, or complexity. See California Public Contract Code 20663.1
• Residential care facility for the elderly: means a housing arrangement chosen voluntarily by persons 60 years of age or over, or their authorized representative, where varying levels and intensities of care and supervision, protective supervision, or personal care are provided, based upon their varying needs, as determined in order to be admitted and to remain in the facility. See California Health and Safety Code 1569.2
• Safety record: shall be deemed "acceptable" if a contractor's experience modification rate for the most recent three-year period is an average of 1. See California Public Contract Code 20663.1
• School district: means any school district. See California Public Contract Code 20919.21
• 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
• Services: means work, labor, and services for other than a commercial or business use, including services furnished in connection with the sale or repair of goods. See California Civil Code 1761
• Spouse: includes "registered domestic partner" as required by §. See California Unemployment Insurance Code 11.2
• Spouse: includes domestic partner, as defined in Section 37 of this code, as required by §. See California Probate Code 72
• 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
• Subcontractor: means any person, firm, or corporation, other than the employees of the job order contractor, who is bonded and general liability insured and who contracts to furnish labor, or labor and materials, at the worksite or in connection with a job order, whether directly or indirectly on behalf of the job order contractor. See California Public Contract Code 20919.21
• Subcontractor: means any person, firm, or corporation, other than the employees of the job order contractor, who is bonded and general liability insured and who contracts to furnish labor, or labor and materials, at the worksite or in connection with a job order, whether directly or indirectly on behalf of the job order contractor. See California Public Contract Code 20665.21
• 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 Health and Safety Code 18
• Supportive services: means resources available to the resident in the community that help to maintain their functional ability and meet their needs as identified in the individual resident assessment. See California Health and Safety Code 1569.2
• Transaction: means an agreement between a consumer and another person, whether or not the agreement is a contract enforceable by action, and includes the making of, and the performance pursuant to, that agreement. See California Civil Code 1761
• Trust: includes the following:

  California Probate Code 82

• Trustee: includes an original, additional, or successor trustee, whether or not appointed or confirmed by a court. See California Probate Code 84
• Unit price catalog: means a book containing specific construction tasks and the unit prices to install or demolish that construction. See California Public Contract Code 20665.21
• will: includes codicil. See California Civil Code 14
• Will: includes codicil and any testamentary instrument which merely appoints an executor or revokes or revises another will. See California Probate Code 88