Article 1 General
Article 2 Administration
Article 3 Regulation, Licensing, and Registration
Article 4 Application of Chapter
Article 5 Expiration and Renewal of License
Article 6 Disciplinary Proceedings
Article 7 Revenue
Article 8 Review
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Terms Used In California Codes > Business and Professions Code > Division 3 > Chapter 11.3 - Private Investigators

  • AANHPI: means Asian American, Native Hawaiian, and Pacific Islander. See California Education Code 89297
  • Abstract of judgment: In a federal criminal proceeding, A certification from a U.S. District Court clerk that a judgment of restitution was entered against the defendant owing to the victim. If the defendant inherits, owns, or sells real property or holdings, these assets can then be attached at the state and local levels as well.
  • abuse: means any of the following:

    California Penal Code 16120

  • action taken: means a collective decision made by a majority of the members of a legislative body, a collective commitment or promise by a majority of the members of a legislative body to make a positive or a negative decision, or an actual vote by a majority of the members of a legislative body when sitting as a body or entity, upon a motion, proposal, report, resolution, order, or recommendation. See California Education Code 89305.4
  • 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.
  • 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

  • ammunition: includes , but is not limited to, any bullet, cartridge, magazine, clip, speed loader, autoloader, ammunition feeding device, or projectile capable of being fired from a firearm with a deadly consequence. See California Penal Code 16150
  • Amortization: Paying off a loan by regular installments.
  • Amount financed: means the amount required to be disclosed pursuant to paragraph (8) of subdivision (a) of Section 2982. See California Civil Code 2981
  • 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.
  • assessed value: means 25 percent of full value to, and including, the 1980-81 fiscal year, and 100 percent of full value for the 1981-82 fiscal year and fiscal years thereafter. See California Government Code 25
  • Asset: means property of a debtor, but the term does not include the following:

    California Civil Code 3439.01

  • Assistive device: means any instrument, apparatus, or contrivance, including any component or part thereof or accessory thereto, that is used or intended to be used, to assist an individual with a disability in the mitigation or treatment of an injury or disease or to assist or affect or replace the structure or any function of the body of an individual with a disability, except that this term does not include prescriptive lenses and other ophthalmic goods unless they are sold or dispensed to a blind person, as defined in §. See California Civil Code 1791
  • 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.
  • Authority: means an entity established by the state that requires its members, including, but not limited to, local government entities, to adopt a resolution stating their intent to participate. See California Public Resources Code 10280.5
  • Authorized user: means either of the following:

    California Elections Code 354.5

  • Bailiff: a court officer who enforces the rules of behavior in courtrooms.
  • Ballot card: means a card or a number of cards upon which are printed, or identified by reference to the ballot, the names of candidates for nomination or election to one or more offices or the ballot titles of one or more measures. See California Elections Code 302
  • Ballot label: means :

    California Elections Code 303

  • Ballot title and summary: means , for a statewide initiative measure or measure proposed by the Legislature, the summary of the chief purpose and points including the fiscal impact summary of any measure that appears in the state voter information guide. See California Elections Code 303.5
  • 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.
  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • Bequest: Property gifted by will.
  • Board: means the Wildlife Conservation Board created pursuant to Article 2 (commencing with Section 1320) of Chapter 4 of Division 20 of . See California Public Resources Code 10332
  • Board: means the Respiratory Care Board of California. See California Business and Professions Code 3704
  • bond: means revenue bond or other evidences of indebtedness but not attached coupons. See California Government Code 50661
  • bonds: includes , but is not limited to, any bonds, notes, bond anticipation notes, interim certificates, debentures, certificates of participation, refunding bonds, or other obligations issued by an agency pursuant to Part 1 (commencing with Section 33000), and §. See California Health and Safety Code 34162
  • bureau: means the Bureau of Security and Investigative Services. See California Business and Professions Code 7512.4
  • Buyer: means the person who buys or hires a motor vehicle under a conditional sale contract. See California Civil Code 2981
  • candidate: includes any officeholder who is subject to a recall election. See California Elections Code 305
  • Case law: The law as laid down in cases that have been decided in the decisions of the courts.
  • Cash price: means the amount for which the seller would sell and transfer to the buyer unqualified title to the motor vehicle described in the conditional sale contract, if the property were sold for cash at the seller's place of business on the date the contract is executed, and shall include taxes to the extent imposed on the cash sale and the cash price of accessories or services related to the sale, including, but not limited to, delivery, installation, alterations, modifications, improvements, document preparation fees, a service contract, a vehicle contract cancellation option agreement, and payment of a prior credit or lease balance remaining on property being traded in. See California Civil Code 2981
  • Catalog or similar sale: means a sale in which neither the seller nor any employee or agent of the seller nor any person related to the seller nor any person with a financial interest in the sale participates in the diagnosis of the buyer's condition or in the selection or fitting of the device. See California Civil Code 1791
  • chief: means the Chief of the Bureau of Security and Investigative Services. See California Business and Professions Code 7512.5
  • Circulating title and summary: means the text that is required to be placed on a petition for signatures that is either one of the following:

    California Elections Code 303.5

  • City: includes "city and county" and "incorporated town" but does not include "unincorporated town" or "village. See California Government Code 20
  • City: includes every city and city and county within this State. See California Vehicle Code 255
  • 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
  • clearly and conspicuously: means a larger type than the surrounding text, or in a contrasting type, font, or color to the surrounding text of the same size, or set off from the surrounding text of the same size by symbols or other marks, in a manner that clearly calls attention to the language. See California Civil Code 1791
  • Clerk: means the county elections official, registrar of voters, city clerk, or other officer or board charged with the duty of conducting any election. See California Elections Code 307
  • Clothing: means any wearing apparel, worn for any purpose, including under and outer garments, shoes, and accessories composed primarily of woven material, natural or synthetic yarn, fiber, or leather or similar fabric. See California Civil Code 1791
  • Cohort population: means the number of students that began a program on a cohort start date. See California Education Code 94928
  • Cohort start date: means the first class day after the cancellation period during which a cohort of students attends class for a specific program. See California Education Code 94928
  • Commission: means the Educational Innovation and Planning Commission. See California Education Code 33509
  • commission: means the Instructional Quality Commission. See California Education Code 33539
  • commission: means the Educational Management and Evaluation Commission. See California Education Code 33556
  • commission: means the Advisory Commission on Special Education. See California Education Code 33596
  • Conditional sale contract: means :

    California Civil Code 2981

  • Conservation easement: means a conservation easement, as defined by §. See California Public Resources Code 10332
  • Consumables: means any product that is intended for consumption by individuals, or use by individuals for purposes of personal care or in the performance of services ordinarily rendered within the household, and that usually is consumed or expended in the course of consumption or use. See California Civil Code 1791
  • Consumer goods: means any new product or part thereof that is used, bought, or leased for use primarily for personal, family, or household purposes, except for clothing and consumables. See California Civil Code 1791
  • Corporation: as used in this part means a corporation which is organized under, or subject to this part, including a central organization. See California Corporations Code 12232
  • 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 Food and Agricultural Code 29
  • County: includes city and county. See California Government Code 19
  • County: includes city and county. See California Health and Safety 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 every county and city and county within this State. See California Vehicle Code 270
  • County officer: means any elected officer enumerated in Division 2 (commencing with Section 24000) of Title 3 of . See California Elections Code 314
  • 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
  • Credit Score: A number, roughly between 300 and 800, that measures an individual's credit worthiness. The most well-known type of credit score is the FICO score. This score represents the answer from a mathematical formula that assigns numerical values to various pieces of information in your credit report. 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 the state or the department or agency of the state seeking to collect the liability. See California Code of Civil Procedure 688.040
  • Customer: means a natural person who deals with a depositary. See California Civil Code 1858
  • 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
  • Declared homestead: means the dwelling described in a homestead declaration. See California Code of Civil Procedure 704.910
  • Declared homestead owner: includes both of the following:

    California Code of Civil Procedure 704.910

  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Department: means the Department of Conservation. See California Public Resources Code 10280.5
  • Department: means the Department of Consumer Affairs. See California Business and Professions Code 3704
  • department: means State Department of Health Services. See California Health and Safety Code 20
  • department: whenever used in this code , unless the context otherwise requires, means the State Department of Education. See California Education Code 89
  • Depositary: means a person who in the ordinary course of business regularly receives property from customers for the purpose of repair or alteration. See California Civil Code 1858
  • 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 "State Director of Health Services. See California Health and Safety Code 21
  • 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
  • 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 12233
  • Disability: means a medical condition, mental disability, or physical disability, as those terms are defined in subdivisions (i), (j), and (l) of §. See California Elections Code 354.5
  • 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
  • Disposable earnings: means the portion of an individual's earnings that remains after deducting all amounts required to be withheld by law. See California Code of Civil Procedure 706.011
  • Distributor: means any individual, partnership, corporation, association, or other legal relationship that stands between the manufacturer and the retail seller in purchases, consignments, or contracts for sale of consumer goods. See California Civil Code 1791
  • domestic violence: means abuse perpetrated against any of the following persons:

    California Penal Code 16490

  • Donee: The recipient of a gift.
  • Downpayment: means a payment that the buyer pays or agrees to pay to the seller in cash or property value or money's worth at or prior to delivery by the seller to the buyer of the motor vehicle described in the conditional sale contract. See California Civil Code 2981
  • drop procedure: means an activity whereby each student and staff member takes cover under a table or desk, dropping to his or her knees, with the head protected by the arms, and the back to the windows. See California Education Code 35297
  • Dwelling: means a place where a person resides and may include but is not limited to the following:

    California Code of Civil Procedure 704.710

  • Dwelling: means any interest in real property (whether present or future, vested or contingent, legal or equitable) that is a "dwelling" as defined in Section 704. See California Code of Civil Procedure 704.910
  • Earnings: means compensation payable by an employer to an employee for personal services performed by such employee, whether denominated as wages, salary, commission, bonus, or otherwise. See California Code of Civil Procedure 706.011
  • Earnings assignment order for support: means an order, made pursuant to Chapter 8 (commencing with Section 5200) of Part 5 of Division 9 of . See California Code of Civil Procedure 706.011
  • Earnings withholding order for elder or dependent adult financial abuse: means an earnings withholding order, made pursuant to Article 5 (commencing with Section 706. See California Code of Civil Procedure 706.011
  • Election: means any election including a primary that is provided for under this code. See California Elections Code 318
  • Electioneering: means the visible display or audible dissemination of information that advocates for or against any candidate or measure on the ballot within the 100 foot limit specified in subdivision (b). See California Elections Code 319.5
  • Elections official: means any of the following:

    California Elections Code 320

  • Elector: means a person who is a United States citizen 18 years of age or older and, except as specified in subdivision (b), is a resident of an election precinct in this state on or before the day of an election. See California Elections Code 321
  • Electronic: means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. See California Civil Code 3439.01
  • Electronic transmission by the corporation: means a communication (a) delivered by (1) facsimile telecommunication or electronic mail when directed to the facsimile number or electronic mail address, respectively, for that recipient on record with the corporation, (2) posting on an electronic message board or network which the corporation has designated for those communications, together with a separate notice to the recipient of the posting, which transmission shall be validly delivered upon the later of the posting or delivery of the separate notice thereof, or (3) other means of electronic communication, (b) to a recipient who has provided an unrevoked consent to the use of those means of transmission for communications under or pursuant to this code, and (c) that creates a record that is capable of retention, retrieval, and review, and that may thereafter be rendered into clearly legible tangible form. See California Corporations Code 20
  • Electronic transmission to the corporation: means a communication (a) delivered by (1) facsimile telecommunication or electronic mail when directed to the facsimile number or electronic mail address, respectively, which the corporation has provided from time to time to shareholders or members and directors for sending communications to the corporation, (2) posting on an electronic message board or network which the corporation has designated for those communications, and which transmission shall be validly delivered upon the posting, or (3) other means of electronic communication, (b) as to which the corporation has placed in effect reasonable measures to verify that the sender is the shareholder or member (in person or by proxy) or director purporting to send the transmission, and (c) that creates a record that is capable of retention, retrieval, and review, and that may thereafter be rendered into clearly legible tangible form. See California Corporations Code 21
  • 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 a public officer and any individual who performs services subject to the right of the employer to control both what shall be done and how it shall be done. See California Code of Civil Procedure 706.011
  • 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
  • Employer: means a person for whom an individual performs services as an employee. See California Code of Civil Procedure 706.011
  • 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
  • Extradition: The formal process of delivering an accused or convicted person from authorities in one state to authorities in another state.
  • Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
  • Federal election: means any presidential election, general election, primary election, or special election held solely or in part for the purpose of selecting, nominating, or electing any candidate for the office of President, Vice President, presidential elector, Member of the United States Senate, or Member of the United States House of Representatives. See California Elections Code 323
  • 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.
  • Finance charge: has the meaning set forth for that term in Section 226. See California Civil Code 2981
  • firearm: includes the frame or receiver of the weapon, including both a completed frame or receiver, or a firearm precursor part:

    California Penal Code 16520

  • firearm permit: includes "firearms permit" "firearms qualification card" "firearms qualification" and "firearms qualification permit. See California Business and Professions Code 7512.13
  • Fishery products: includes fish, crustaceans, mollusks, and marine products for human consumption. See California Corporations Code 13202
  • 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).
  • Forbearance: A means of handling a delinquent loan. A
  • 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
  • Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
  • General election: means either of the following:

    California Elections Code 324

  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Governing board: means board of school trustees, community college board of trustees, and city, and city and county board of education. See California Education Code 78
  • 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
  • Graduates unavailable for employment: means graduates who, after graduation, die, become incarcerated, are called to active military duty, are international students that leave the United States or do not have a visa allowing employment in the United States, or are continuing their education at an accredited or bureau-approved postsecondary institution. See California Education Code 94928
  • Grant program: means the program established pursuant to Section 10280. See California Public Resources Code 10280.5
  • Grantor: The person who establishes a trust and places property into it.
  • Guaranteed asset protection waiver: means an optional contractual obligation under which a seller agrees, for additional consideration, to cancel or waive all or part of amounts due on the buyer's conditional sale contract subject to this chapter in the event of a total loss or unrecovered theft of the motor vehicle specified in the conditional sale contract. See California Civil Code 2981
  • Guarantor: A party who agrees to be responsible for the payment of another party's debts should that party default. Source: OCC
  • Holder: means the person entitled to enforce the conditional sale contract against the buyer at the time. See California Civil Code 2981
  • Home appliance: means any refrigerator, freezer, range, microwave oven, washer, dryer, dishwasher, garbage disposal, trash compactor, or room air-conditioner normally used or sold for personal, family, or household purposes. See California Civil Code 1791
  • Home electronic product: means any television, radio, antenna rotator, audio or video recorder or playback equipment, video camera, video game, video monitor, computer equipment, telephone, telecommunications equipment, electronic alarm system, electronic appliance control system, or other kind of electronic product, if it is normally used or sold for personal, family, or household purposes. See California Civil Code 1791
  • Homestead: means the principal dwelling (1) in which the judgment debtor or the judgment debtor's spouse resided on the date the judgment creditor's lien attached to the dwelling, and (2) in which the judgment debtor or the judgment debtor's spouse resided continuously thereafter until the date of the court determination that the dwelling is a homestead. See California Code of Civil Procedure 704.710
  • Homestead declaration: includes both of the following:

    California Code of Civil Procedure 704.910

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

    California Penal Code 16720

  • Implied warranty of fitness: means (1) that when the retailer, distributor, or manufacturer has reason to know any particular purpose for which the consumer goods are required, and further, that the buyer is relying on the skill and judgment of the seller to select and furnish suitable goods, then there is an implied warranty that the goods shall be fit for such purpose and (2) that when there is a sale of an assistive device sold at retail in this state, then there is an implied warranty by the retailer that the device is specifically fit for the particular needs of the buyer. See California Civil Code 1791.1
  • improvements: means any or all of the following property acquired, constructed or installed by a local agency with funds derived from special assessments under the Improvement Act of 1911 (Division 7 (commencing at Section 5000), Streets and Highways Code) or any other law:

    California Government Code 50550

  • independent service dealer: means any individual, partnership, corporation, association, or other legal entity, not an employee or subsidiary of a manufacturer or distributor, that engages in the business of servicing and repairing consumer goods. See California Civil Code 1791
  • 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
  • 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
  • Joint powers authority: means a joint powers authority established pursuant to Chapter 5 (commencing with Section 6500) of Division 7 of Title 1 of . See California Public Resources Code 10280.5
  • Judgment debtor: includes a person from whom the state is seeking to collect a tax liability under Article 4 (commencing with Section 706. See California Code of Civil Procedure 706.011
  • Judicial officer: means any Justice of the Supreme Court, justice of a court of appeal, or judge of the superior court. See California Elections Code 327
  • Jurisprudence: The study of law and the structure of the legal system.
  • Landlord: includes a tenant who is a sublandlord under a sublease. See California Civil Code 1995.020
  • Landlord: includes a tenant who is a sublandlord under a sublease. See California Civil Code 1997.020
  • 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.
  • Lease: means any contract for the lease or bailment for the use of consumer goods by an individual, for a term exceeding four months, primarily for personal, family, or household purposes, whether or not it is agreed that the lessee bears the risk of the consumer goods' depreciation. See California Civil Code 1791
  • Lease: means a lease or sublease of real property for other than residential purposes, and includes modifications and other agreements affecting a lease. See California Civil Code 1995.020
  • Lease: means a lease or sublease of real property for other than residential purposes, and includes modifications and other agreements affecting a lease. See California Civil Code 1997.020
  • Legislative body: means any or all of the following:

    California Education Code 89305.1

  • 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: 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
  • Lessee: means an individual who leases consumer goods under a lease. See California Civil Code 1791
  • Lessor: means a person who regularly leases consumer goods under a lease. See California Civil Code 1791
  • license: shall include a permit or a certificate issued by a state agency. See California Penal Code 23
  • licensed clinic: means a clinic licensed pursuant to Article 1 (commencing with Section 1200) of Chapter 1 of Division 2 of . See California Business and Professions Code 4027
  • licensee: means a person licensed under this chapter. See California Business and Professions Code 7512.6
  • 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
  • Livestock: means any cattle, sheep, swine, goat, or horse, mule, or other equine. See California Civil Code 3080
  • Livestock servicer: means any individual, corporation, partnership, joint venture, cooperative, association or any other organization or entity which provides livestock services. See California Civil Code 3080
  • Livestock services: means any and all grazing, feeding, boarding, general care, which includes animal health services, obtained or provided by the livestock servicer, or his employee, transportation or other services rendered by a person to livestock for the owner of livestock, or for any person acting by or under the owner's authority. See California Civil Code 3080
  • 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: as used in this division means county, city, or city and county, unless the context otherwise requires. See California Government Code 50001
  • Local government entity: means any city, county, city and county, or district, including, but not limited to, park and open-space districts, resource conservation districts, and other special districts. See California Public Resources Code 10280.5
  • Local public agency: means any city, county, city and county, resource conservation district, district formed pursuant to Article 3 (commencing with Section 5500) of Chapter 3 of Division 5, authority formed pursuant to Division 26 (commencing with Section 35100), or joint powers authority made up of two or more local public agencies and one or more state agencies. See California Public Resources Code 10332
  • locked container: means a secure container that is fully enclosed and locked by a padlock, keylock, combination lock, or similar locking device. See California Penal Code 16850
  • maintain: includes maintain, acquire, use, or disclose. See California Civil Code 1798.3
  • 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
  • Measure: means any constitutional amendment or other proposition submitted to a popular vote at any election. See California Elections Code 329
  • Meeting: includes any congregation of a majority of the membership of a legislative body at the same time and place to hear, discuss, or deliberate upon any item that is within the subject matter jurisdiction of the legislative body to which it pertains. See California Education Code 89305.1
  • 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: includes members of associations without capital stock and holders of common stock in associations organized with shares of stock. See California Corporations Code 13202
  • Membership certificate: as used in this part , means a document evidencing a proprietary interest in a corporation. See California Corporations Code 12240
  • month: means a calendar month, unless otherwise expressed. See California Civil Code 14
  • Month: means a calendar month, unless otherwise expressed. See California Code of Civil Procedure 17
  • 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
  • Mortgagor: The person who pledges property to a creditor as collateral for a loan and who receives the money.
  • Motor vehicle: means a vehicle required to be registered under the Vehicle Code that is bought for use primarily for personal or family purposes, and does not mean any vehicle that is bought for use primarily for business or commercial purposes or a mobilehome, as defined in §. See California Civil Code 2981
  • Municipal election: means elections in general law cities and where applicable in chartered cities. See California Elections Code 330
  • 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
  • New resident: means a person who meets all requirements of an elector of the State of California except that his or her residency was established subsequent to the 15th day prior to the election. See California Elections Code 332
  • Nominate: means the selection, at a state-conducted primary election, of candidates who are entitled by law to participate in the general election for that office, but does not mean any other lawful mechanism that a political party may adopt for the purposes of choosing the candidate who is preferred by the party for a nonpartisan or voter-nominated office. See California Elections Code 332.5
  • Nonprofit organization: means any nonprofit public benefit corporation that has among its purposes the conservation of agricultural lands, and holds a tax exemption, as defined under Section 501(c)(3) of the Internal Revenue Code, and further qualifies as an organization under Section 170(b)(1)(A)(iv) or 170(h)(3) of the Internal Revenue Code. See California Public Resources Code 10280.5
  • Nonprofit organization: means any nonprofit public benefit corporation formed pursuant to the Nonprofit Corporation Law (Division 2 (commencing with Section 5000) of Title 1 of . See California Public Resources Code 10332
  • On-time graduates: means the number of students who complete a program within 100 percent of the published program length. See California Education Code 94928
  • Open-end credit: A credit agreement (typically a credit card) that allows a customer to borrow against a preapproved credit line when purchasing goods and services. The borrower is only billed for the amount that is actually borrowed plus any interest due. (Also called a charge account or revolving credit.) Source: OCC
  • Organization: means a person other than an individual. See California Civil Code 3439.01
  • owner: is a person having all the incidents of ownership, including the legal title of a vehicle whether or not such person lends, rents, or creates a security interest in the vehicle. See California Vehicle Code 460
  • Paper cast vote record: means an auditable document that corresponds to the selection made on the voter's ballot and lists the contests on the ballot and the voter's selections for those contests. See California Elections Code 305.5
  • Party: means a political party or organization that has qualified for participation in any primary or presidential general election. See California Elections Code 338
  • 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: includes an individual, company, firm, association, partnership, trust, corporation, limited liability company, or other legal entity. See California Civil Code 2981
  • 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: includes an individual, a corporation, a partnership or other unincorporated association, a limited liability company, and a public entity. See California Code of Civil Procedure 706.011
  • person: means any individual, partnership, corporation, limited liability company, association, or other legal entity that engages in any of these businesses. See California Civil Code 1791
  • 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 a corporation as well as a natural person. See California Corporations Code 18
  • Person: means any individual, partnership, association, corporation, limited liability company, or any organized group of persons whether incorporated or not. See California Food and Agricultural Code 38
  • Person: includes any person, firm, association, organization, partnership, limited liability company, business trust, corporation, or company. See California Government Code 17
  • Person: means any person, firm, association, organization, partnership, business trust, corporation, limited liability company, or company. See California Health and Safety Code 19
  • person: includes a corporation as well as a natural person. See California Penal Code 7
  • Person: includes a natural person, firm, copartnership, association, limited liability company, or corporation. See California Vehicle Code 470
  • 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
  • Personal property: includes money, goods, chattels, things in action, and evidences of debt. See California Code of Civil Procedure 17
  • Place of business: means , for the purposes of any retail seller that sells consumer goods by catalog or mail order, the distribution point for consumer goods. See California Civil Code 1791
  • 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
  • Polling place: means a location where a voter casts a ballot and includes the following terms, as applicable: poll, polling location, and vote center. See California Elections Code 338.5
  • Power of attorney: 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
  • Precinct: means a geographical area within a county that is made up of voters and is formed pursuant to Chapter 3 (commencing with Section 12200) of Division 12. See California Elections Code 338.6
  • precinct board: means the board appointed by the elections official to serve at a vote center. See California Elections Code 339
  • Precomputed basis: means the determination of a finance charge by multiplying the original unpaid balance of the contract by a rate and multiplying that product by the number of payment periods elapsing between the date of the contract and the date of the last scheduled payment. See California Civil Code 2981
  • 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.
  • Primary election: includes all primary nominating elections provided for by this code. See California Elections Code 341
  • Process: signifies a writ or summons issued in the course of a judicial proceeding. See California Code of Civil Procedure 17
  • Program: means the AANHPI Student Achievement Program established pursuant to this article. See California Education Code 89297
  • Property: means any real property, and any perpetual interest therein, including land, conservation easements, and land containing water rights. See California Public Resources Code 10332
  • Property: means anything that may be the subject of ownership. See California Civil Code 3439.01
  • Property: means personal property used for or intended for personal, family, or household purposes, but does not include any motor vehicle within the meaning of §. See California Civil Code 1858
  • Property: includes both personal and real property. See California Code of Civil Procedure 17
  • 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 square: means any area or open space showing on a map or plat of a city, town, or village which has been filed or recorded in the office of the county clerk or county recorder of any county for more than fifty years and which is designated on the map or plat as a "square" or by other similar designation when no other words or insignia appear upon the map or plat showing the purposes for which the square may have been dedicated and when no deed, offer of dedication or other instrument appears of record in the office of the county recorder showing or indicating the purposes for which the same may have been dedicated. See California Government Code 50530
  • Punching: includes marking a ballot card to record a vote. See California Elections Code 345
  • Purchase order: means a sales order, car reservation, statement of transaction, or any other such instrument used in the conditional sale of a motor vehicle pending execution of a conditional sale contract. See California Civil Code 2981
  • 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
  • Qualified property: means property that is rangeland, grazing land, or grassland and is used or is suitable for grazing. See California Public Resources Code 10332
  • Recess: A temporary interruption of the legislative business.
  • 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 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
  • 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
  • Regular election: is a n election, the specific time for the holding of which is prescribed by law. See California Elections Code 348
  • Regulation Z: means a rule, regulation, or interpretation promulgated by the Board of Governors of the Federal Reserve System ("Board") under the federal Truth in Lending Act, as amended (15 U. See California Civil Code 2981
  • 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
  • Remote accessible vote by mail system: means a mechanical, electromechanical, or electronic system and its software that is used for the sole purpose of marking an electronic vote by mail ballot for a voter who shall print the paper cast vote record to be submitted to the elections official. See California Elections Code 303.3
  • Resolution: means a resolution by which a legislative body authorizes the issuance, sale, and delivery of bonds. See California Government Code 50665.1
  • Respiratory care: includes "respiratory therapy" or "inhalation therapy" where those terms mean respiratory care. See California Business and Professions Code 3704
  • Restriction on transfer: means a provision in a lease that restricts the right of transfer of the tenant's interest in the lease. See California Civil Code 1995.020
  • Restriction on use: means a provision in a lease that restricts the use of leased property by a tenant, whether by limiting use to a specified purpose, mandating use for a specified purpose, prohibiting use for a specified purpose, limiting or prohibiting a change in use, or otherwise. See California Civil Code 1997.020
  • retail buyer: means any individual who buys consumer goods from a person engaged in the business of manufacturing, distributing, or selling consumer goods at retail. See California Civil Code 1791
  • retailer: means any individual, partnership, corporation, association, or other legal relationship that engages in the business of selling or leasing consumer goods to retail buyers. See California Civil Code 1791
  • 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).
  • Right of rescission: Right to cancel, within three business days, a contract that uses the home of a person as collateral, except in the case of a first mortgage loan. There is no fee to the borrower, who receives a full refund of all fees paid. The right of rescission is guaranteed by the Truth in Lending Act (TILA). Source: OCC
  • Roster: means the official list of voters for an election, which may be in paper or electronic form. See California Elections Code 349.5
  • Sale: means either of the following:

    California Civil Code 1791

  • School officer: means the Superintendent of Public Instruction and the superintendent of schools of a county. See California Elections Code 352
  • Sell: includes offer for sale, expose for sale, possess for sale, exchange, barter, or trade. See California Food and Agricultural Code 44
  • Seller: means a person engaged in the business of selling or leasing motor vehicles under conditional sale contracts. See California Civil Code 2981
  • Service contract: means "vehicle service contract" as defined in subdivision (c) of §. See California Civil Code 2981
  • Service contract: means a contract in writing to perform, over a fixed period of time or for a specified duration, services relating to the maintenance or repair of a consumer product, except that this term does not include a policy of automobile insurance, as defined in §. See California Civil Code 1791
  • Service of process: The service of writs or summonses to the appropriate party.
  • Sheriff: includes marshal. See California Code of Civil Procedure 17
  • short-barreled rifle: means any of the following:

    California Penal Code 17170

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

    California Penal Code 17180

  • 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
  • Signature: includes either of the following:

    California Elections Code 354.5

  • Signature stamp: means a stamp that contains the impression of any of the following:

    California Elections Code 354.5

  • Simple-interest basis: means the determination of a finance charge, other than an administrative finance charge, by applying a constant rate to the unpaid balance as it changes from time to time either:

    California Civil Code 2981

  • Software: includes all programs, voting devices, cards, ballot cards or papers, operating manuals or instructions, test procedures, printouts, and other nonmechanical or nonelectrical items necessary to the operation of a voting system. See California Elections Code 355
  • Special election: is a n election, the specific time for the holding of which is not prescribed by law. See California Elections Code 356
  • Spouse: means a "spouse" as defined in Section 704. See California Code of Civil Procedure 704.910
  • Spouse: includes "registered domestic partner" as required by §. See California Business and Professions Code 14.2
  • spouse: includes a registered domestic partner, as required by §. See California Civil Code 14
  • 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 Penal Code 7
  • Spouse: includes "registered domestic partner" as required by §. See California Elections Code 356.5
  • State: means the State of California and includes any officer, department, board, or agency thereof. See California Code of Civil Procedure 706.070
  • 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: means the State of California, unless applied to the different parts of the United States. See California Government Code 18
  • State: means the State of California, unless applied to the different parts of the United States. See California Health and Safety Code 23
  • 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 Education Code 77
  • State agency: means any public entity created by statute within the Resources Agency. See California Public Resources Code 10332
  • State agency: includes every state office, officer, department, division, bureau, board, authority, and commission. See California Business and Professions Code 3704
  • 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 agency: shall include any state board, commission, bureau, or division created pursuant to the provisions of the Business and Professions Code, the Education Code, or the Chiropractic Initiative Act to license and regulate individuals who engage in certain businesses and professions. See California Penal Code 23
  • State plan: means the plan for the use of Title IV funds as approved by the State Board of Education. See California Education Code 33509
  • State tax liability: means an amount for which the state has a state tax lien as defined in §. See California Code of Civil Procedure 706.070
  • Statewide election: is a n election held throughout the state. See California Elections Code 357
  • Students available for graduation: means the cohort population minus the number of students unavailable for graduation. See California Education Code 94928
  • Students unavailable for graduation: means students who have died, been incarcerated, or called to active military duty. See California Education Code 94928
  • 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
  • supervised financial organization: means a person organized, chartered, or holding a license or authorization certificate under a law of this state or the United States to make loans and subject to supervision by an official or agency of this state or the United States. See California Civil Code 2982.5
  • Surface protection product: means the following products installed by the seller after the motor vehicle is sold:

    California Civil Code 2981

  • 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
  • teleconference: means a meeting of a legislative body, the members of which are in different locations, connected by electronic means, through either audio or video, or both. See California Education Code 89305.1
  • 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.
  • Tenant: includes a subtenant or assignee. See California Civil Code 1995.020
  • Tenant: includes a subtenant or assignee. See California Civil Code 1997.020
  • Testate: To die leaving a will.
  • Testify: Answer questions in court.
  • Theft deterrent device: means the following devices installed by the seller after the motor vehicle is sold:

    California Civil Code 2981

  • Title IV: means Title IV, Parts A, B, C, and D of the Educational Amendments of 1978 (Public Law 95-561) as amended. See California Education Code 33509
  • 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
  • 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
  • Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. Source: OCC
  • trustees: means the Trustees of the California State University, created under Section 66600. See California Education Code 89000
  • Trustor: The person who makes or creates a trust. Also known as the grantor or settlor.
  • Truth in Lending Act: The Truth in Lending Act is a federal law that requires lenders to provide standardized information so that borrowers can compare loan terms. In general, lenders must provide information on Source: OCC
  • 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
  • Unpaid balance: means the difference between subdivisions (f) and (g), plus all insurance premiums (except for credit life or disability insurance when the amount thereof is included in the finance charge), which are included in the contract balance, and the total amount paid or to be paid as follows:

    California Civil Code 2981

  • Usury: Charging an illegally high interest rate on a loan. Source: OCC
  • vacation credits: means vacation credits accumulated by a state employee pursuant to §. See California Code of Civil Procedure 704.113
  • vehicle: is a device by which any person or property may be propelled, moved, or drawn upon a highway, excepting a device moved exclusively by human power or used exclusively upon stationary rails or tracks. See California Vehicle Code 670
  • Veterinary food-animal drugs: as used in this chapter shall include the following:

    California Business and Professions Code 4042

  • Vote center: means a location established for holding elections that offers the services described in Sections 2170 and 4005. See California Elections Code 357.5
  • Voter: means any elector who is registered under this code. See California Elections Code 359
  • Voter list: means the list of registered voters in a single or consolidated precinct or in an entire county. See California Elections Code 359.2
  • Voter-nominated office: means a congressional or state elective office for which a candidate may choose to have his or her party preference or lack of party preference indicated upon the ballot. See California Elections Code 359.5
  • Voting device: means any device used in conjunction with a ballot card or cards to indicate the choice of the voter by marking, punching, or slotting the ballot card. See California Elections Code 360
  • Voting machine: means any electronic device, including, but not limited to, a precinct optical scanner and a direct recording voting system, into which a voter may enter his or her votes, and which, by means of electronic tabulation and generation of printouts or other tangible, human-readable records, furnishes a total of the number of votes cast for each candidate and for or against each measure. See California Elections Code 361
  • Voting system: means a mechanical, electromechanical, or electronic system and its software, or any combination of these used for casting a ballot, tabulating votes, or both. See California Elections Code 362
  • Will: includes codicil. See California Code of Civil Procedure 17
  • will: includes codicil. See California Penal Code 7
  • Writ: means an order or precept in writing, issued in the name of the people, or of a court or judicial officer. See California Code of Civil Procedure 17
  • Writing: includes printing and typewriting. See California Code of Civil Procedure 17