Terms Used In California Codes > Business and Professions Code > Division 4 > Part 3 - LICENSING AND CERTIFICATION OF REAL ESTATE APPRAISERS

• Acquiring district: means a district in which all, or a part of, a state-aided district or an applicant district has been included. See California Education Code 15780
• Acquiring district: means a district in which all or a part of a state-aided district or an applicant district has been included. See California Education Code 16150
• Acquittal:
  1. Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
  2. A verdict of "not guilty."
   
• Adjourn: A motion to adjourn a legislative chamber or a committee, if passed, ends that day's session.
• advance fee: as used in this part , is a fee, regardless of the form, that is claimed, demanded, charged, received, or collected by a licensee for services requiring a license, or for a listing, as that term is defined in Section 10027, before fully completing the service the licensee contracted to perform or represented would be performed. See California Business and Professions Code 10026
• Agency: means the Labor and Workforce Development Agency. See California Labor Code 18.5
• Agent: means every person other than the employer having the authority to hire or discharge any employee or supervise, direct, or control the acts of employees. See California Labor Code 350
• Agreement: includes , but is not limited to, agreements providing for valuations, appraisals, and similar proceedings and agreements between employers and employees or between their respective representatives. See California Code of Civil Procedure 1280
• AIDS: means acquired immunodeficiency syndrome. See California Insurance Code 799.01
• Allegation: something that someone says happened.
• Amortization: Paying off a loan by regular installments.
• Annual percentage rate: The cost of credit at a yearly rate. It is calculated in a standard way, taking the average compound interest rate over the term of the loan so borrowers can compare loans. Lenders are required by law to disclose a card account's APR. ^{Source: FDIC}
• 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.
• Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
• applicant: means an applicant for employment. See California Labor Code 400
• applicant: means an applicant for employment. See California Labor Code 430
• Apportionment: means an apportionment made under this chapter unless the context otherwise requires. See California Education Code 15701
• Approved: means acceptable to the department. See California Health and Safety Code 17920
• Arrest: Taking physical custody of a person by lawful authority.
• 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
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Association: means a voluntary unincorporated association formed for the purpose of enabling co-operative action to provide disability insurance in accordance with this article in this or any other state having legislation enabling the issuance of insurance of the type provided in this article. See California Insurance Code 795.1
• Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
• Award: includes , but is not limited to, an award made pursuant to an agreement not in writing. See California Code of Civil Procedure 1280
• 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.
• 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.
• 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 State Allocation Board. See California Education Code 15701
• Board: means the State Allocation Board. See California Education Code 16002
• Building: means a structure subject to this part. See California Health and Safety Code 17920
• Building standard: means building standard as defined in Section 18909. See California Health and Safety Code 17920
• bus: is a ny vehicle, including a trailer bus, designed, used, or maintained for carrying more than 15 persons including the driver. See California Vehicle Code 233
• Business: means any business establishment or enterprise, regardless of where conducted. See California Labor Code 350
• business: includes a proprietorship, partnership, corporation, and any other form of commercial enterprise. See California Vehicle Code 234
• business opportunity: shall include the sale or lease of the business and goodwill of an existing business enterprise or opportunity. See California Business and Professions Code 10030
• Campaign advertising or communication: means a communication authorized by a candidate or a candidate's controlled committee, as defined in §. See California Elections Code 304
• camper: is a structure designed to be mounted upon a motor vehicle and to provide facilities for human habitation or camping purposes. See California Vehicle Code 243
• Case law: The law as laid down in cases that have been decided in the decisions of the courts.
• Casualty broker-agent: means a person licensed pursuant to Section 1625. See California Insurance Code 33.5
• Certificate: means a certificate of group life insurance or a certificate of group disability income insurance delivered in this state, regardless of the situs of the group master policy. See California Insurance Code 799.01
• Certificated employee: means a member, as defined by Section 22146, of the State Teachers' Retirement System. See California Education Code 7004
• Chambers: A judge's office.
• City: includes city and county. See California Business and Professions Code 18
• City: includes "city and county" and "incorporated town" but does not include "unincorporated town" or "village. See California Government Code 20
• City: includes city and county. See California Harbors and Navigation Code 15
• City: includes "city and county. See California Insurance Code 15
• City: includes city and county and "incorporated town" but does not include "unincorporated town" or "village. See California Public Utilities Code 19
• 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
• Commercial coach: as used in this part has the same meaning as defined in Section 18001. See California Health and Safety Code 18862.11
• Commission: means the Public Utilities Commission created by §. See California Public Utilities Code 20
• Community development infrastructure: means California debt, including all debt issued by the State of California or a California state or local government agency, if all or a portion of the debt has as its primary purpose community development for, or that directly benefits, underserved or low-to-moderate-income communities and is consistent with subdivision (b). See California Insurance Code 926.1
• Community development investment: includes , but is not limited to, investments in California in the following:

  California Insurance Code 926.1

• Contingency reserve: means an additional premium reserve established for the protection of policyholders against the effect of adverse economic cycles. See California Insurance Code 12640.02
• contingent compensation arrangement: means an arrangement having as its purpose the payment of a variable commission by the insurer, depending on the overall operating profit on the insurance business produced and handled by the payee, with other provisions of the arrangement auxiliary or incidental to such purpose. See California Insurance Code 995
• Controversy: means any question arising between parties to an agreement whether the question is one of law or of fact or both. See California Code of Civil Procedure 1280
• Counterclaim: A claim that a defendant makes against a plaintiff.
• 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 Harbors and Navigation Code 14
• County: includes city and county. See California Health and Safety Code 14
• County: includes "city and county. See California Labor Code 14
• County: includes city and county. See California Public Utilities Code 18
• County: includes every county and city and county within this State. See California Vehicle Code 270
• County office: means the office filled by any county officer. See California Elections Code 313
• Court reporter: A person who makes a word-for-word record of what is said in court and produces a transcript of the proceedings upon request.
• 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}
• Customer: means any person who requests a repairperson to do work on a vessel which is in the possession of that person. See California Harbors and Navigation Code 410
• Dealer: is a person not otherwise expressly excluded by Section 286 who:

  California Vehicle Code 285

• deed of trust: as used in this part includes "mortgage. See California Business and Professions Code 10028
• Department: means the Department of Housing and Community Development. See California Health and Safety Code 17920
• Department: means the Department of Food and Agriculture. See California Food and Agricultural Code 32
• department: means State Department of Health Services. See California Health and Safety Code 20
• Department: means Department of Industrial Relations. See California Labor Code 19
• Department: means the Department of Motor Vehicles except, when used in Chapter 2 (commencing with Section 2100) of Division 2 and in Divisions 11 (commencing with Section 21000), 12 (commencing with Section 24000), 13 (commencing with Section 29000), 14 (commencing with Section 31600), 14. See California Vehicle Code 290
• 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.
• Designated agent: means the person who is in charge of the business of a prepaid rental listing service at a given location. See California Business and Professions Code 10167
• Devise: To gift property by will.
• Director: means the Director of Education for kindergarten and grades 1 to 12, inclusive. See California Education Code 15701
• Director: means the Director of Education for kindergarten and grades 1 to 12, inclusive. See California Education Code 16002
• Director: means "State Director of Health Services. See California Health and Safety Code 21
• Director: means Director of Industrial Relations. See California Labor Code 20
• Disability income insurance: means insurance against loss of occupational earning capacity arising from injury, sickness, or disablement. See California Insurance Code 799.01
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• Dismissal: The dropping of a case by the judge without further consideration or hearing. ^Source:
• Diverse investment managers: means investment management organizations, including corporations, groups, and persons within corporations, partnerships, limited liability corporations, and other special purpose vehicles that are either located in, or actively make and hold investments in, California and whose investment managers are composed of at least 51 percent women, veterans, minorities, or lesbian, gay, bisexual, transgender, or queer persons, or a combination of persons in those groups. See California Insurance Code 926.1
• Docket: A log containing brief entries of court proceedings.
• Domestic: means organized under the laws of this State, whether or not admitted. See California Insurance Code 26
• Donor: The person who makes a gift.
• driver: is a person who drives or is in actual physical control of a vehicle. See California Vehicle Code 305
• dwelling: means any of the following units which are owned by a signatory to the mortgage or deed of trust secured by the dwelling unit at the time of execution of the mortgage or deed of trust:

  California Business and Professions Code 10240.2

• Elections official: means any of the following:

  California Elections Code 320

• 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}
• Emergency ambulance employee: means a person who meets both of the following requirements:

  California Labor Code 888

• Employee: means every person, including minors and persons who are not citizens or nationals of the United States, rendering actual service in any business for an employer, whether gratuitously or for wages or pay, whether the wages or pay are measured by the standard of time, piece, task, commission, or other method of calculation, and whether the service is rendered on a commission, concessionaire, or other basis. See California Labor Code 350
• employee in the construction industry: means an employee performing work associated with construction, including work involving alteration, demolition, building, excavation, renovation, remodeling, maintenance, improvement, repair work, and any other work as described by Chapter 9 (commencing with Section 7000) of Division 3 of . See California Labor Code 245.5
• Employer: means any person employing another under any appointment or contract of hire and includes the state, political subdivisions of the state, and municipalities. See California Labor Code 245.5
• Employer: means every person engaged in any business or enterprise in this state that has one or more persons in service under any appointment, contract of hire, or apprenticeship, express or implied, oral or written, irrespective of whether the person is the owner of the business or is operating on a concessionaire or other basis. See California Labor Code 350
• Enforcement: means diligent effort to secure compliance, including review of plans and permit applications, response to complaints, citation of violations, and other legal process. See California Health and Safety Code 17920
• 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.
• Escrow: Money given to a third party to be held for payment until certain conditions are met.
• Ex officio: Literally, by virtue of one's office.
• exceptional children: means physically handicapped pupils, pupils with intellectual disabilities, educationally handicapped pupils, multihandicapped pupils, or pupils enrolled in development centers for the handicapped required or allowed to be educated pursuant to Part 30 (commencing with Section 56000). See California Education Code 16191
• Extended health insurance: means hospital, surgical and medical expense insurance provided by a policy issued as provided by this article. See California Insurance Code 795.1
• Factory-built housing: is a structure as defined in §. See California Vehicle Code 321
• Family member: means any of the following:

  California Labor Code 245.5

• Federal Deposit Insurance Corporation: A government corporation that insures the deposits of all national and state banks that are members of the Federal Reserve System. ^{Source: OCC}
• 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: means the charge required by a licensee (1) to obtain listings of residential real properties for tenancy or (2) to purchase any other product or service in order to obtain listings. See California Business and Professions Code 10167
• 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: The total cost of credit a customer must pay on a consumer loan, including interest. The Truth in Lending Act requires disclosure of the finance charge. ^{Source: OCC}
• Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
• 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).
• for hire: means that the entity providing transportation services is compensated for the transportation under contract or agreement. See California Vehicle Code 462
• Forbearance: A means of handling a delinquent loan. A
• Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. ^{Source: OCC}
• Foreign: means not organized under the laws of this State, whether or not admitted. See California Insurance Code 27
• Forgery: The fraudulent signing or alteration of another's name to an instrument such as a deed, mortgage, or check. The intent of the forgery is to deceive or defraud. ^{Source: OCC}
• formal notice: means the notice of election which is required to be published and posted in public places, and "card notice" means the notice of election which is required to be mailed to the registered voters of the area in which the election is to be held. See California Education Code 5360
• Fraud: Intentional deception resulting in injury to another.
• Freedom of Information Act: A federal law that mandates that all the records created and kept by federal agencies in the executive branch of government must be open for public inspection and copying. The only exceptions are those records that fall into one of nine exempted categories listed in the statute. ^{Source: OCC}
• General election: means either of the following:

  California Elections Code 324

• Geography: means a census tract delineated by the United States Bureau of the Census in the most recent decennial census. See California Insurance Code 926.1
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• golf cart: is a motor vehicle having not less than three wheels in contact with the ground, having an unladen weight less than 1,300 pounds, which is designed to be and is operated at not more than 15 miles per hour and designed to carry golf equipment and not more than two persons, including the driver. See California Vehicle Code 345
• 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}
• Grade level maintained by a district: means any of the following:

  California Education Code 16002

• Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
• Grantor: The person who establishes a trust and places property into it.
• Gratuity: includes any tip, gratuity, money, or part thereof that has been paid or given to or left for an employee by a patron of a business over and above the actual amount due the business for services rendered or for goods, food, drink, or articles sold or served to the patron. See California Labor Code 350
• Guarantor: A party who agrees to be responsible for the payment of another party's debts should that party default. ^{Source: OCC}
• Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
• Habeas corpus: A writ that is usually used to bring a prisoner before the court to determine the legality of his imprisonment. It may also be used to bring a person in custody before the court to give testimony, or to be prosecuted.
• Harbor: as used in this article , includes any bay, inlet, or other arm of the sea in which the tides of the Pacific Ocean ebb and flow, except such as are excluded from the application of this chapter by the provisions of Section 4049 of this code. See California Harbors and Navigation Code 4130
• Highway: is a way or place of whatever nature, publicly maintained and open to the use of the public for purposes of vehicular travel. See California Vehicle Code 360
• HIV test: means any clinical test, laboratory or otherwise, used to identify HIV, a component of HIV, or antibodies or antigens to HIV. See California Insurance Code 799.01
• housing appeals board: means the board or agency of a city or county which is authorized by the governing body of the city or county to hear appeals regarding the requirements of the city or county relating to the use, maintenance, and change of occupancy of hotels, motels, lodginghouses, apartment houses, and dwellings, or portions thereof, and buildings and structures accessory thereto, including requirements governing alteration, additions, repair, demolition, and moving of such buildings if also authorized to hear such appeals. See California Health and Safety Code 17920.6
• human immunodeficiency virus: means the etiologic virus of AIDS. See California Insurance Code 799.01
• In forma pauperis: In the manner of a pauper. Permission given to a person to sue without payment of court fees on claim of indigence or poverty.
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• inland parks and recreation areas: as used in this chapter , includes, but is not limited to, open-space land, as defined by subdivision (h) of §. See California Harbors and Navigation Code 5950.1
• insolvency: means either of the following:

  California Insurance Code 985

• Insurance broker: means a person who, for compensation and on behalf of another person, transacts insurance other than life, disability, or health with, but not on behalf of, an insurer. See California Insurance Code 33
• Insurance solicitor: means a natural person employed to aid a property and casualty broker-agent acting as an insurance agent or insurance broker in transacting insurance other than life, disability, or health. See California Insurance Code 34
• Insurer: means an admitted insurer as defined in Section 24, including the State Compensation Insurance Fund, or a domestic fraternal benefit society as defined in Section 10990. See California Insurance Code 926.1
• Insurer: means any insurance company which is authorized to transact disability insurance in this State. See California Insurance Code 795.1
• Intangible property: Property that has no intrinsic value, but is merely the evidence of value such as stock certificates, bonds, and promissory notes.
• 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}
• Investment: means a lawful equity or debt investment, or loan, or deposit obligation, or other investment or investment transaction allowed by the Insurance Code. See California Insurance Code 926.1
• Joint committee: Committees including membership from both houses of teh legislature. Joint committees are usually established with narrow jurisdictions and normally lack authority to report legislation.
• Juror: A person who is on the jury.
• Labor: includes labor, work, or service whether rendered or performed under contract, subcontract, partnership, station plan, or other agreement if the labor to be paid for is performed personally by the person demanding payment. See California Labor Code 200
• Labor Commissioner: means Chief of the Division of Labor Standards Enforcement. See California Labor Code 21
• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• liability: includes liability for losses reported, expenses, taxes, and all other indebtedness not included in those categories. See California Insurance Code 980
• license: includes certificate or permit. See California Business and Professions Code 5096.7
• license: includes certificate or permit. See California Business and Professions Code 5096.7
• Licensee: means a person licensed to conduct a prepaid rental listing service or a person engaged in the business of a prepaid rental listing service under a real estate broker license. See California Business and Professions Code 10167
• Life insurance: means the class of coverage described in Section 101, but, as used in this article, excludes annuities. See California Insurance Code 799.01
• Life or disability income insurer: means an insurer licensed to transact life insurance or disability insurance in this state that is transacting life insurance or disability income insurance in this state, or a fraternal benefit society licensed in this state that is transacting life insurance or disability income insurance in this state. See California Insurance Code 799.01
• Listed: means all products that appear in a list published by an approved testing or listing agency. See California Health and Safety Code 17920
• listing: as used in this part includes, but is not limited to:

  California Business and Professions Code 10027

• Location: means the place, other than the main or branch office of a real estate broker, where a prepaid rental listing service business is conducted. See California Business and Professions Code 10167
• Manufactured home: as used in this part shall have the same meaning as defined in Section 18007. See California Health and Safety Code 18210.5
• manufactured home: means a structure as defined in §. See California Business and Professions Code 10131.6
• Manufactured home: is a manufactured home, as defined in §. See California Vehicle Code 387
• Measure: means any constitutional amendment or other proposition submitted to a popular vote at any election. See California Elections Code 329
• Mobilehome: as used in this part shall have the same meaning as defined in Section 18008. See California Health and Safety Code 18211
• mobilehome: means a structure as defined in §. See California Business and Professions Code 10131.6
• Mobilehome: is a structure as defined in §. See California Vehicle Code 396
• Moderate-income: means an individual income that is at least 50 percent but less than 80 percent of the AMI, or a median family income that is at least 50 percent but less than 80 percent of the AMI in the case of a geographical area. See California Insurance Code 926.1
• moped: is a two-wheeled or three-wheeled device having fully operative pedals for propulsion by human power, or having no pedals if powered solely by electrical energy, and an automatic transmission and a motor that produces less than 4 gross brake horsepower and is capable of propelling the device at a maximum speed of not more than 30 miles per hour on level ground. See California Vehicle Code 406
• Mortgage: includes a trust deed, "mortgagor" includes a trustor under such trust deed, "mortgagee" includes a beneficiary under such trust deed, or a trustee exercising powers or performing duties granted to or imposed upon him thereunder, and "lien" in respect to real or personal property includes a charge or incumbrance arising out of a trust deed. See California Insurance Code 29
• Mortgage guaranty insurance: means :

  California Insurance Code 12640.02

• 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.
• motor vehicle: includes a recreational vehicle as that term is defined in subdivision (a) of §. See California Vehicle Code 415
• motor-driven cycle: is a ny motorcycle with a motor that displaces less than 150 cubic centimeters. See California Vehicle Code 405
• motorcycle: is a motor vehicle having a seat or saddle for the use of the rider, designed to travel on not more than three wheels in contact with the ground. See California Vehicle Code 400
• motorized quadricycle: is a four-wheeled device, and a "motorized tricycle" is a three-wheeled device, designed to carry not more than two persons, including the driver, and having either an electric motor or a motor with an automatic transmission developing less than two gross brake horsepower and capable of propelling the device at a maximum speed of not more than 30 miles per hour on level ground. See California Vehicle Code 407
• motorized scooter: is a ny two-wheeled device that has handlebars, has either a floorboard that is designed to be stood upon when riding or a seat and footrests in place of the floorboard, and is powered by an electric motor. See California Vehicle Code 407.5
• MSA: means a metropolitan statistical area as defined by the Director of the Office of Management and Budget. See California Insurance Code 926.1
• 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}
• Neutral arbitrator: means an arbitrator who is (1) . See California Code of Civil Procedure 1280
• Nonmetropolitan area: means any area that is not located in an MSA. See California Insurance Code 926.1
• nonrepairable vehicle: is a vehicle of a type otherwise subject to registration that meets the criteria specified in subdivision (a), (b), or (c). See California Vehicle Code 431
• Oath: A promise to tell the truth.
• Oath: includes affirmation. See California Insurance Code 17
• Original district: means a state-aided or applicant district included in whole or in part in an acquiring district. See California Education Code 16150
• Oversight: Committee review of the activities of a Federal agency or program.
• 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
• Paid sick days: means time that is compensated at the same wage as the employee normally earns during regular work hours and is provided by an employer to an employee for the purposes described in Section 246. See California Labor Code 245.5
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• Party to the arbitration: means a party to the arbitration agreement, including any of the following:

  California Code of Civil Procedure 1280

• Pedestrian: includes a person who is operating a self-propelled wheelchair, motorized tricycle, or motorized quadricycle and, by reason of physical disability, is otherwise unable to move about as a pedestrian, as specified in subdivision (a). See California Vehicle Code 467
• Person: includes a corporation as well as a natural person. See California Code of Civil Procedure 17
• 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, limited liability company, business trust, corporation, or company. See California Harbors and Navigation Code 19
• Person: means any person, firm, association, organization, partnership, business trust, corporation, limited liability company, or company. See California Health and Safety Code 19
• Person: means any person, association, organization, partnership, business trust, limited liability company, or corporation. See California Labor Code 18
• Person: includes a natural person, firm, copartnership, association, limited liability company, or corporation. See California Vehicle Code 470
• Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
• Policy: means an individual life insurance policy or individual disability income insurance policy issued or delivered in this state, or a certificate of life insurance benefits or disability income insurance benefits issued or delivered in this state by a fraternal benefit society. See California Insurance Code 799.01
• policy fee: means any sum specified in the policy as paid, or payable, in addition to the specified premium, as a consideration for the policy. See California Insurance Code 995
• Policyholders surplus: means the aggregate of capital, surplus, and contingency reserve. See California Insurance Code 12640.02
• 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
• Preliminary hearing: A hearing where the judge decides whether there is enough evidence to make the defendant have a trial.
• Prepaid rental listing service: means the business of supplying prospective tenants with listings of residential real properties for tenancy, by publication or otherwise, pursuant to an arrangement under which the prospective tenants are required to pay an advance or contemporaneous fee (1) specifically to obtain listings or (2) to purchase any other product or service in order to obtain listings, but which does not otherwise involve the negotiation of rentals by the person conducting the service. See California Business and Professions Code 10167
• 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 a writ or summons issued in the course of judicial proceedings of either a civil or criminal nature. See California Government Code 22
• Project: means the purposes for which a school district has applied for an apportionment under this chapter. See California Education Code 15701
• project: shall be deemed to include any or all of the purposes for which a school district has applied for apportionments under this chapter, pursuant to any regulations that the State Allocation Board may adopt. See California Education Code 16002
• Property: includes both personal and real property. See California Code of Civil Procedure 17
• Property broker-agent: means a person licensed pursuant to Section 1625. See California Insurance Code 33.5
• Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
• Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
• Real property sales contract: as used in this part is an agreement wherein one party agrees to convey title to real property to another party upon the satisfaction of specified conditions set forth in the contract and which does not require conveyance of title within one year from the date of formation of the contract. See California Business and Professions Code 10029
• Recovery Account: shall be deemed to refer to the Consumer Recovery Account. See California Business and Professions Code 10450.6
• Recreational vehicle: as used in this part has the same meaning as defined in Section 18010. See California Health and Safety Code 18215.5
• Regular election: is a n election, the specific time for the holding of which is prescribed by law. See California Elections Code 348
• Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
• Remand: When an appellate court sends a case back to a lower court for further proceedings.
• Repairperson: means any person engaged in the business of repairing vessels. See California Harbors and Navigation Code 410
• 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).
• Reservation-based: means an area of land managed by a Native American tribe under the jurisdiction of the federal Bureau of Indian Affairs, provided that the tribe is named on the most current list of "Indian Entities Recognized and Eligible to Receive Services From the Bureau of Indian Affairs" or successor document, as published in the Federal Register by the Bureau of Indian Affairs. See California Insurance Code 926.1
• Resident: means residing in this State, "nonresident" means not residing in this State. See California Insurance Code 30
• Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
• retail sale: is a sale of goods to a person for the purpose of consumption and use, and not for resale to others, including, but not limited to, an arrangement where a motor vehicle is consigned to a dealer for sale. See California Vehicle Code 520
• retrospective commission arrangement: means an arrangement having as its purpose the retention by the insurer of a fixed proportion of the gross premiums, or gross premiums plus policy fees with the balance of the premiums, or premiums plus policy fees, retained by the producer of the business, who assumes to pay therefrom all losses, all subordinate commissions, loss adjustment expenses and his profit, if any, with other provisions of the arrangement auxiliary or incidental to such purpose. See California Insurance Code 995
• rules and regulations: as used in this part , means regulations promulgated by the commission or department, as appropriate, pursuant to Chapter 3. See California Health and Safety Code 18010.5
• Salesperson: when used without modification, means a person licensed as a salesperson under any of the provisions of this part. See California Business and Professions Code 10013
• School district: means that district from which the member of the State Teachers' Retirement System last made contributions to the system before retirement. See California Education Code 7004
• schoolbus: is a motor vehicle designed, used, or maintained for the transportation of any school pupil at or below the 12th grade level to or from a public or private school or to or from public or private school activities, except the following:

  California Vehicle Code 545

• seasonal labor: means all labor performed by any person hired in this State to perform services outside of this State for a period greater than one month, where the wages are to be paid in this State, not at fixed intervals, but at the termination of such employment. See California Labor Code 250
• Secretary: means the Secretary of Food and Agriculture. See California Food and Agricultural Code 35
• Secretary: means the Secretary of Labor and Workforce Development. See California Labor Code 19.5
• Sell: includes offer for sale, expose for sale, possess for sale, exchange, barter, or trade. See California Food and Agricultural Code 44
• Service charge: means the amount of the fee that a licensee may retain if a prospective tenant finds housing through a source other than the listings supplied by the licensee. See California Business and Professions Code 10167
• Service of process: The service of writs or summonses to the appropriate party.
• Sheriff: includes "marshal. See California Labor Code 25
• Sole ownership: The type of property ownership in which one individual holds legal title to the property and has full control of it.
• Special election: is a n election, the specific time for the holding of which is not prescribed by law. See California Elections Code 356
• Spouse: means a spouse as defined by Section 22171. See California Education Code 7004
• Spouse: includes "registered domestic partner" as required by §. See California Business and Professions Code 14.2
• Spouse: includes "registered domestic partner" as required by §. See California Government Code 12.2
• Spouse: includes "registered domestic partner" as required by §. See California Health and Safety Code 12.2
• Spouse: includes "registered domestic partner" as required by §. See California Insurance Code 12.2
• Spouse: includes "registered domestic partner" as required by §. See California Labor Code 12.2
• 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 Harbors and Navigation Code 20
• State: means the State of California, unless applied to the different parts of the United States. See California Health and Safety Code 23
• State: means the State of California, unless applied to the different parts of the United States. See California Public Utilities Code 17
• State-aided district: means a district to which a conditional or final apportionment has been made under this chapter. See California Education Code 15780
• State-aided district: means a district to which a conditional or final apportionment has been made under this chapter. See California Education Code 16150
• Statewide election: is a n election held throughout the state. See California Elections Code 357
• Steam vessel: means any vessel which is propelled by machinery. See California Harbors and Navigation Code 22
• Subdivision: means a subdivision of the section in which that term occurs unless some other section is expressly mentioned. See California Food and Agricultural Code 49
• Subdivision: means a subdivision of the section in which the term occurs unless some other section is expressly mentioned. See California Government Code 10
• Subdivision: means a subdivision of the section in which that term occurs unless some other section is expressly mentioned. See California Public Utilities Code 10
• Subpoena: 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 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 Insurance Code 18
• 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.
• Testify: Answer questions in court.
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• third party: as used in this part , means an entity which is all of the following:

  California Health and Safety Code 18013.2

• 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.
• traffic: includes pedestrians, ridden animals, vehicles, street cars, and other conveyances, either singly or together, while using any highway for purposes of travel. See California Vehicle Code 620
• trailer: includes a semitrailer when used in conjunction with an auxiliary dolly, if the auxiliary dolly is of a type constructed to replace the function of the drawbar and the front axle or axles of a trailer. See California Vehicle Code 630
• 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.
• Trial jury: A group of citizens who hear the evidence presented by both sides at trial and determine the facts in dispute. Federal criminal juries consist of 12 persons. Federal civil juries consist of six persons.
• Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. ^{Source: OCC}
• Trustee: A person or institution holding and administering property in trust.
• 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}
• Uphold: The decision of an appellate court not to reverse a lower court decision.
• 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
• Venue: The geographical location in which a case is tried.
• Vessel: means any vessel which is subject to registration with the Department of Motor Vehicles and which is manufactured or used for noncommercial purposes or is leased, rented, or chartered to another for noncommercial use. See California Harbors and Navigation Code 410
• Vessel: includes ships of all kinds, steamboats, steamships, canal boats, barges, sailing vessels, and every structure adapted to be navigated from place to place for the transportation of merchandise or persons. See California Harbors and Navigation Code 21
• Victim advocate: work with prosecutors and assist the victims of a crime.
• Violation: includes a failure to comply with any requirement of the code. See California Labor Code 22
• Voter: means any elector who is registered under this code. See California Elections Code 359
• Wages: includes all amounts for labor performed by employees of every description, whether the amount is fixed or ascertained by the standard of time, task, piece, commission basis, or other method of calculation. See California Labor Code 200
• wheelbase: means the longitudinal distance between the vertical centerlines of the front and rear wheels. See California Vehicle Code 378
• Work shift: means designated hours of work by an emergency ambulance employee, with a designated beginning time and quitting time, including any periods for meals or rest. See California Labor Code 888
• Writ: A formal written command, issued from the court, requiring the performance of a specific act.
• Writing: includes printing and typewriting. See California Code of Civil Procedure 17