California Codes > Business and Professions Code > Division 7 > Part 2 – PRESERVATION AND REGULATION OF COMPETITION


Chapter 1	Contracts in Restraint of Trade
Chapter 2	Combinations in Restraint of Trade
Chapter 2.5	Combinations to Obstruct Sales of Livestock
Chapter 4	Unfair Trade Practices
Chapter 5	Enforcement
Chapter 6.5	Reassignments
Chapter 7	Sales of Telephone and Other Communications Equipment

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Terms Used In California Codes > Business and Professions Code > Division 7 > Part 2 - PRESERVATION AND REGULATION OF COMPETITION

Abandoned: means left without provision for reasonable and necessary care or supervision. See California Family Code 3402
Acquired: means received or taken by conveyance, judgment, decree, or otherwise. See California Code of Civil Procedure 770.010
Act: means the California Library Services Act. See California Education Code 18710
action: as used in this Title is to be construed, whenever it is necessary so to do, as including a special proceeding of a civil nature. See California Code of Civil Procedure 363
action taken: means a collective decision made at a meeting, including a decision upon a motion or resolution. See California Health and Safety Code 101862
Adequate progress: means all of the following:
California Government Code 65007
Adjourn: A motion to adjourn a legislative chamber or a committee, if passed, ends that day's session.
Advanced transportation technologies: means emerging commercially competitive transportation-related technologies identified by the authority as capable of creating long-term, high-value-added jobs for Californians while enhancing the state's commitment to energy conservation, pollution and greenhouse gas emissions reduction, and transportation efficiency. See California Public Resources Code 26003
Agent: means a person who was an officer or director of a corporation, as defined in subdivision (e), at the time the fraudulent acts occurred, was named in a final criminal restitution order in connection with the fraudulent acts, and was acting in the person's capacity as the corporation's officer or director when committing the fraudulent acts. See California Corporations Code 2281
Agreement: means any agreement or contract for financial assistance from the state board to an eligible recipient, including, but not limited to, a loan, grant, installment sale agreement, contract, or other form of agreement made for the purpose of providing financial assistance. See California Water Code 13491
Alternative sources: means devices or technologies used for a renewable electrical generation facility, as defined in paragraph (1) of subdivision (a) of Section 25741, a combined heat and power system, as defined in §. See California Public Resources Code 26003
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.
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.
Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
Apparent owner: means the person who appears from the records of the holder to be entitled to property held by the holder. See California Code of Civil Procedure 1501
Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
Applicable law: means applicable California laws within the Labor and Workforce Development Agency's jurisdiction related to the misclassification of employees as independent contractors, including the failure to pay wages, imposing unlawful expenses on employees, failure to provide workers' compensation insurance, and failure to remit payroll taxes as required under the Unemployment Insurance Code as well as laws protecting worker health and safety. See California Education Code 39881
Application: means a request for payment from the fund submitted to the Secretary of State pursuant to this chapter. See California Corporations Code 2281
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: means the inventory and equipment that is the subject of a bulk sale and any tangible and intangible personal property used or held for use primarily in, or arising from, the seller's business and sold in connection with that inventory and equipment, but the term does not include any of the following:
California Commercial Code 6102
Association: includes any lodge, order, beneficial association, fraternal or beneficial society or association, historical, military, or veterans organization, labor union, foundation, or federation, or any other society, organization, or association, or degree, branch, subordinate lodge, or auxiliary thereof. See California Corporations Code 21300
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.
Auctioneer: means a person whom the seller engages to direct, conduct, control, or be responsible for a sale by auction. See California Commercial Code 6102
authority: means the Siskiyou Railroad Authority. See California Government Code 93102
Authority: shall mean the California Transportation Financing Authority. See California Government Code 64102
Authority: means the Community Revitalization and Investment Authority created pursuant to this division. See California Government Code 62000
Authority: means the California Alternative Energy and Advanced Transportation Financing Authority established pursuant to Section 26004, and any board, commission, department, or officer succeeding to the functions of the authority, or to which the powers conferred upon the authority by this division shall be given. See California Public Resources Code 26003
award: as used in this chapter , may include, but is not limited to, contracts, grants, interagency agreements, loans, and other financial agreements designed to fund public interest research, demonstration, and development projects or programs. See California Public Resources Code 25620.1
Banking organization: means any national or state bank, trust company, banking company, land bank, savings bank, safe-deposit company, private banker, or any similar organization. See California Code of Civil Procedure 1501
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}
Bequeath: To gift property by will.
Bequest: Property gifted by will.
bioanalyst: means a person licensed under Section 1260 to engage in clinical laboratory practice and direction of a clinical laboratory. See California Business and Professions Code 1203
board: means the California Veterans Board. See California Military and Veterans Code 61
Board: means the State Mining and Geology Board. See California Public Resources Code 2693
board: refers to the State Board of Chiropractic Examiners. See California Business and Professions Code 1050
Board: as used in this chapter , means the regional planning board. See California Government Code 65060.4
Board: means the governing board of the San Joaquin Joint Powers Authority established under Section 14074. See California Government Code 14074
Board: means the governing board of the Capitol Corridor Joint Powers Authority established under Section 14076. See California Government Code 14076
Board: as used in this article , means the Board of Administration of the Public Employees' Retirement System. See California Government Code 31882
Board of directors: means the board of directors of a district that establishes policies for the operation of the district. See California Government Code 61002
Bonds: shall mean bonds, notes, debentures, commercial paper, or any other evidence of indebtedness, lease, installment, sale, or certificate of participation thereon, issued by the authority or a project sponsor pursuant to this division. See California Government Code 64102
Bulk sale: means either of the following:
California Commercial Code 6102
Bureau: means the Cemetery and Funeral Bureau. See California Business and Professions Code 7601
Business: includes every trade, occupation, and profession. See California Corporations Code 16101
Business association: means any private corporation, joint stock company, business trust, partnership, or any association for business purposes of two or more individuals, whether or not for profit, including, but not by way of limitation, a banking organization, financial organization, life insurance corporation, and utility. See California Code of Civil Procedure 1501
candidate: includes any officeholder who is subject to a recall election. See California Elections Code 305
Capitol Corridor Joint Powers Authority: means the joint exercise of powers agency formed under Chapter 5 (commencing with Section 6500) of Division 7 of Title 1 and specified in subdivision (a) of Section 14070. See California Government Code 14076
Case law: The law as laid down in cases that have been decided in the decisions of the courts.
Chambers: A judge's office.
Change in laboratory director: means any change in the laboratory director or directors to whom the current license or registration is issued. See California Business and Professions Code 1211
Change in ownership: means any change in the persons who are owners. See California Business and Professions Code 1211
Chief plant operator: means the person designated by the owner of the wastewater treatment plant as the person responsible for the overall operation of the wastewater treatment plant, including compliance with effluent limitations established in the wastewater treatment plant's waste discharge requirements. See California Water Code 13625
Child: means an individual who has not attained 18 years of age. See California Family Code 3402
child: means a member's child who is dependent upon such member at the time of his death and while such child is unmarried and:
California Government Code 31843
child: means a member's child who, when the member dies, is both dependent on the member and unmarried, as well as any of the following:
California Government Code 31855.3
Child custody determination: means a judgment, decree, or other order of a court providing for the legal custody, physical custody, or visitation with respect to a child. See California Family Code 3402
Child custody proceeding: means a proceeding in which legal custody, physical custody, or visitation with respect to a child is an issue. See California Family Code 3402
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" and "incorporated town. See California Streets and Highways Code 15
City: includes incorporated city, city and county, municipal corporation, municipality, town and incorporated town. See California Unemployment Insurance Code 13
City measure: includes any proposed city charter, any proposed amendment to a city charter, any proposition for the issuance of bonds by the city, any advisory question, or any other question or proposition submitted to the voters of a city. See California Elections Code 306
Claim: means a right to payment from the seller, whether or not the right is reduced to judgment, liquidated, fixed, matured, disputed, secured, legal, or equitable. See California Commercial Code 6102
Claimant: means a person holding a claim incurred in the seller's business other than any of the following:
California Commercial Code 6102
Claimant: means an aggrieved person who resides in the state at the time of the fraud and who submits an application pursuant to this chapter. See California Corporations Code 2281
Clerk: means the clerk or secretary of the supervising authority. See California Government Code 58901
Clerk of court: An officer appointed by the court to work with the chief judge in overseeing the court's administration, especially to assist in managing the flow of cases through the court and to maintain court records.
CLIA laboratory director: means the person identified as the laboratory director on the CLIA certificate issued to the laboratory by the federal Centers for Medicare and Medicaid Services (CMS). See California Business and Professions Code 1209
Client: means the taxpayer with whom the exchange facilitator enters into an agreement described in subparagraph (A) of paragraph (1) of subdivision (b). See California Financial Code 51000
clinical histocompatibility scientist: means a person, other than a person licensed to direct a clinical laboratory, or licensed as a clinical laboratory scientist or trainee, who is licensed under Sections 1261, 1261. See California Business and Professions Code 1210
clinical laboratory scientist: means a person, other than a licensed clinical laboratory bioanalyst or trainee, who is licensed under Sections 1261 and 1262 to engage in clinical laboratory practice under the overall operation and administration of a laboratory director, unless serving as a director of a waived laboratory as provided in Section 1209. See California Business and Professions Code 1204
Commencement: means the filing of the first pleading in a proceeding. See California Family Code 3402
Commercial development project: means any project involving the issuance of a permit by an underlying land use jurisdiction for construction, not including remodeling of an existing property, that is undertaken within the San Francisco Bay area for the development of land for commercial use, but does not include any project involving solely a permit to operate. See California Government Code 64620
Commercial linkage fee: means a monetary exaction, other than a tax or special assessment, established for a broad class of projects by legislation of general applicability that is charged to an applicant in connection with the approval of a commercial development project by an underlying land use jurisdiction for the purpose of addressing the need for additional housing development necessitated by that commercial development project, as determined pursuant to the nexus study undertaken pursuant to subdivision (b) of Section 64621. See California Government Code 64620
Commercial purposes: include the determination of the weight, measure, or count of any commodity or thing that is sold on the basis of weight, measure, or count. See California Business and Professions Code 12500
Commercial real property: includes any part, portion, or unit thereof, and any related facilities, space, or services, except the following:
California Civil Code 1954.26
Commercial rental control: includes any action of a public entity taken by statute, charter, ordinance, resolution, administrative regulation, or any other governmental enactment to establish, continue, implement, or enforce any control or system of controls, on the price at which, or the term for which, commercial real property may be offered for rent, or control or system of controls which would select, mandate, dictate, or otherwise designate a specific tenant or specific person or entity with whom the owner must negotiate on the formation, extension, or renewal of a tenancy. See California Civil Code 1954.26
Commission: means the Seismic Safety Commission. See California Public Resources Code 2811
Commission: means the Seismic Safety Commission. See California Public Resources Code 2693
Commission: shall mean the California Transportation Commission. See California Government Code 64102
Commission: means the Racial Equity Commission established pursuant to Section 8303. See California Government Code 8303
Commission: means the State Energy Resources Conservation and Development Commission. See California Health and Safety Code 44275
commission: means the California Transportation Commission. See California Government Code 14002.5
commission: means the Student Aid Commission created by this article. See California Education Code 69515
Commission: means the Fish and Game Commission, and "commissioner" means a member of the Fish and Game Commission. See California Fish and Game Code 30
Commissioner: means any county agricultural commissioner. See California Food and Agricultural Code 26
Committee: means the Higher Education Facilities Finance Committee created pursuant to Section 67353. See California Education Code 67332
Committee: means the Higher Education Facilities Finance Committee created pursuant to Section 67353. See California Education Code 67345.2
Committee: means the Higher Education Facilities Finance Committee created pursuant to Section 67353. See California Education Code 67358.2
Committee membership: Legislators are assigned to specific committees by their party. Seniority, regional balance, and political philosophy are the most prominent factors in the committee assignment process.
Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
Community estate: includes both community property and quasi-community property. See California Family Code 63
Community-based organizations: as used in this article means a public or private nonprofit organization of demonstrated effectiveness that represents a community or significant segments of a community and provides support and services to individuals in the community. See California Government Code 65052.2
Comparable units: means rental units that have approximately the same living space, have the same number of bedrooms, are located in the same or similar neighborhoods, and feature the same, similar, or equal amenities and housing services. See California Civil Code 1954.51
Concurrent resolution: A legislative measure, designated "S. Con. Res." and numbered consecutively upon introduction, generally employed to address the sentiments of both chambers, to deal with issues or matters affecting both houses, such as a concurrent budget resolution, or to create a temporary joint committee. Concurrent resolutions are not submitted to the President/Governor and thus do not have the force of law.
Conferees: Legislators appointed to serve on conference committees. They are also called "managers." Conferees are usually appointed from the committee or committees that reported the legislation; they are expected to try and uphold their chamber's position on measures when they negotiate with conferees from the other chamber.
Congregate care facility: means a community care facility, intermediate care facility, skilled nursing facility, or a short-term residential therapeutic program. See California Education Code 39881
Construction: includes :
California Streets and Highways Code 29
Construction or alteration: as used in this article includes any construction, reconstruction, or alteration of, or addition to, any school building. See California Education Code 17294
consultant-evaluator: means a consultant or evaluator who, in the course of that person's profession is loaned firearms from a person licensed pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code and the regulations issued pursuant thereto, for research or evaluation, and has a current certificate of eligibility issued pursuant to Section 26710. See California Penal Code 16410
Contamination: includes any equivalent effect resulting from the disposal of waste, whether or not waters of the state are affected. See California Water Code 13050
contract: means the bargain of the parties in fact, as found in their language or inferred from other circumstances, including course of performance, course of dealing, or usage of trade as provided in Section 1303. See California Commercial Code 1201
Cooperative library system: means a public library system that consists of two or more jurisdictions entering into a written agreement to implement a regional program in accordance with this chapter, and that, as of the effective date of this chapter, was designated a library system under the Public Library Services Act of 1963 or was a successor to that library system. See California Education Code 18710
Corporation: means a domestic corporation as defined by Section 162 or 2509 or a foreign corporation that is qualified to transact business in California pursuant to Section 2105. See California Corporations Code 2281
Correct: means any weight or measure or weighing, measuring, or counting instrument that meet all of the tolerance and specification requirements established by the secretary pursuant to Section 12107. See California Business and Professions Code 12500
corridor: means the Los Angeles-Bakersfield-Fresno-Stockton-Sacramento-Oakland intercity passenger rail corridor. See California Government Code 14074
corridor: means the Colfax-Sacramento-Suisun City-Oakland-San Jose rail corridor. See California Government Code 14076
Cost-effectiveness: means dollars provided to a project pursuant to subdivision (d) of Section 44283 for each ton of covered emission reduction attributed to a project or to the program as a whole. See California Health and Safety Code 44275
Council: as used in this chapter , means the Planning Advisory and Assistance Council established pursuant to subdivision (a) of Section 65040. See California Government Code 65028.1
Council of governments: means a single or multicounty council created by a joint powers agreement pursuant to Chapter 5 (commencing with Section 6500) of Division 1 of Title 1. See California Government Code 65582
county: includes the City and County of San Francisco. See California Public Resources Code 2693
County: includes city and county. See California Business and Professions Code 17
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 Harbors and Navigation Code 14
county: includes "city and county". See California Penal Code 7
County: includes "city and county. See California Public Resources Code 14
County: includes "city and county. See California Streets and Highways Code 14
County: includes city and county. See California Water Code 14
County: includes "city and county. See California Welfare and Institutions Code 14
County: includes city and county. See California Family Code 67
Court: means an entity authorized under the law of a state to establish, enforce, or modify a child custody determination. See California Family Code 3402
court-appointed investigator: means a probation officer, domestic relations investigator, or court-appointed evaluator directed by the court to conduct an investigation pursuant to this chapter. See California Family Code 3110
Covered emissions: include emissions of oxides of nitrogen, particulate matter, and reactive organic gases from any covered source. See California Health and Safety Code 44275
Covered engine: includes any internal combustion engine or electric motor and drive powering a covered source. See California Health and Safety Code 44275
Covered source: includes onroad vehicles, off-road nonrecreational equipment and vehicles, locomotives, marine vessels, agricultural sources of air pollution, as defined in Section 39011. See California Health and Safety Code 44275
Credit report: A detailed report of an individual's credit history prepared by a credit bureau and used by a lender in determining a loan applicant's creditworthiness. ^{Source: OCC}
Creditor: means a claimant or other person holding a claim. See California Commercial Code 6102
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
custody: means the legal right to custody of the child unless that right is held jointly by two or more persons, in which case "custody" means the physical custody of the child by one of the persons sharing the right to custody. See California Welfare and Institutions Code 17.1
Customer: means a person or entity that purchases water from a retail water supplier. See California Water Code 13575
Date of separation: means the date that a complete and final break in the marital relationship has occurred, as evidenced by both of the following:
California Family Code 70
Date of the bulk sale: means either of the following:
California Commercial Code 6102
Date of the bulk-sale agreement: means either of the following:
California Commercial Code 6102
Debt: means liability on a claim. See California Commercial Code 6102
debtor: means the debtor from whom the liability is sought to be collected. See California Code of Civil Procedure 688.040
Decedent: A deceased person.
Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
Deliver: means to deliver by personal service or by placing a copy of the notice in the mail, postage prepaid, by certified mail, return receipt requested, addressed to the party at the address for the receipt of notices under the lease. See California Civil Code 1954.26
department: means the Department of Veterans Affairs. See California Military and Veterans Code 60
Department: shall mean the Department of Transportation. See California Government Code 64102
Department: means the Employment Development Department. See California Unemployment Insurance Code 4900
Department: means the State Department of Developmental Services. See California Welfare and Institutions Code 4401
department: means the State Department of Public Health. See California Business and Professions Code 1202
Department: means the Department of Consumer Affairs. See California Business and Professions Code 7601
Department: means the Department of Housing and Community Development. See California Government Code 65582
Department: means the Department of Transportation. See California Government Code 14002.5
Department: means the Department of Food and Agriculture. See California Food and Agricultural Code 32
Department: means the Department of Transportation of this state. See California Streets and Highways Code 20
Department: means the Department of Fish and Wildlife. See California Fish and Game Code 37
department: whenever used in this code , unless the context otherwise requires, means the State Department of Education. See California Education Code 89
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.
Developer: means any person who enters into an agreement with a redevelopment agency for the purpose of developing specific commercial real property within a redevelopment project area with the intention of acquiring ownership of that property, even if that person does not own that property when the agreement is executed. See California Civil Code 1954.26
Devise: To gift property by will.
Direct loan: means the lending of a book or other item directly to a borrower. See California Education Code 18710
Director: means the Director of Employment Development. See California Unemployment Insurance Code 4900
Director: means the Director of Developmental Services. See California Welfare and Institutions Code 4401
Director: means the Director of Consumer Affairs. See California Business and Professions Code 7601
Director: as used in this article means the Director of the Office of Planning and Research within the Governor's office. See California Government Code 65052.2
Director: means the Director of Transportation. See California Government Code 14002.5
Director: means the Director of Fish and Wildlife. See California Fish and Game Code 39
disaster: means those conditions specified in subdivisions (b) and (c) of Section 8558 if the estimated damage exceeds three billion dollars ($3,000,000,000) or the Governor orders the Director of Emergency Services to carry out the provisions of this chapter. See California Government Code 8696.5
dissenting shareholder: means the recordholder of dissenting shares and includes a transferee of record. See California Corporations Code 1300
dissenting shares: means shares to which all of the following apply:
California Corporations Code 1300
District: means any tax, assessment or any other district except as otherwise provided in Section 58902. See California Government Code 58901
district: means any agency of the state, formed pursuant to general law or special act, for the local performance of governmental or proprietary functions within limited boundaries. See California Government Code 60370
District: as used in this chapter , means a regional planning district created by the Office of Planning and Research pursuant to Section 65040. See California Government Code 65028.2
District: as used in this chapter , means a district created and operating under this chapter. See California Government Code 65060.3
District: means a county air pollution control district or an air quality management district. See California Health and Safety Code 44275
District: means a community services district created pursuant to this division or any of its statutory predecessors. See California Government Code 61002
Docket: A log containing brief entries of court proceedings.
Documentary evidence: as used in this chapter , is defined as original or certified copies of a record that was executed at least five years prior to the date of application, and that substantiates the date and place of birth of the person whose birth is being registered. See California Health and Safety Code 102580
Donor: The person who makes a gift.
effective date: means January 1, 1977. See California Corporations Code 2300
Election: means any election including a primary that is provided for under this code. See California Elections Code 318
Elections official: means any of the following:
California Elections Code 320
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
electrified security fence: means any fence, other than an electrified fence as defined in §. See California Civil Code 835
Electronic funds transfer: The transfer of money between accounts by consumer electronic systems-such as automated teller machines (ATMs) and electronic payment of bills-rather than by check or cash. (Wire transfers, checks, drafts, and paper instruments do not fall into this category.) ^{Source: OCC}
Electronic 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
element: means the housing element of the community's general plan, as required pursuant to this article and subdivision (c) of Section 65302. See California Government Code 65582
eligible spouse: means an individual who is caring for one or more of the children (as defined in Section 31843) of a deceased member and who is:
California Government Code 31842
Emergency medical services: includes equipment, apparatus, and salaries and benefits for personnel as described in Article 5 (commencing with Section 1797. See California Government Code 53971.4
Employee benefit plan: includes public and private retirement, pension, annuity, savings, profit sharing, stock bonus, stock option, thrift, vacation pay, and similar plans of deferred or fringe benefit compensation, whether of the defined contribution or defined benefit type whether or not such plan is qualified under the Employee Retirement Income Security Act of 1974 (P. See California Family Code 80
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.
Entity responsible for groundwater replenishment: means any person or entity authorized by statute or court order to manage a groundwater basin and acquire water for groundwater replenishment. See California Water Code 13575
Equal access: means the right of the residents of jurisdictions that are members of a cooperative library system to use on an equal basis with one another the services and loan privileges of any and all other members of the same system. See California Education Code 18710
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.
established business relationship: means a relationship between a seller and a subscriber based on the subscriber's purchase, rental, or lease of the seller's goods or services or a financial transaction between the consumer and seller, within the 18 months immediately preceding the date of a telemarketing call. See California Business and Professions Code 17592
Ex officio: Literally, by virtue of one's office.
Exchange facilitator: means a person that does any of the following:
California Financial Code 51000
executed: when used with respect to the documents filed pursuant to this code or pursuant to regulations adopted under this code, and presented to the Secretary of State, include a document bearing a signature under subdivision (a). See California Corporations Code 17.1
Executive Officer: as used in this article means the individual who manages the Office of Community Partnerships and Strategic Communications. See California Government Code 65052.2
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 compensation of any nature, direct or indirect, monetary or in-kind, that is received by a person or related person as defined in Section 267(b) or 707(b) of the Internal Revenue Code for any services relating to or incidental to the exchange of like-kind property. See California Financial Code 51000
Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
Fiduciary: A trustee, executor, or administrator.
Final judgment: means a judgment, arbitration award, or criminal restitution order for which appeals have been exhausted or for which the period for appeal has expired, enforcement of which is not barred by the order of any court or by any statutory provision, which has not been nullified or rendered void by any court order or statutory provision, and for which the claimant has not otherwise been fully reimbursed. See California Corporations Code 2281
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}
Financial institution: means a bank, credit union, savings and loan association, savings bank, or trust company chartered under the laws of this state or the United States whose accounts are insured by the full faith and credit of the United States, the Federal Deposit Insurance Corporation, the National Credit Union Share Insurance Fund, or other similar or successor programs. See California Financial Code 51000
Financial organization: means any federal or state savings and loan association, building and loan association, credit union, investment company, or any similar organization. See California Code of Civil Procedure 1501
fire protection services: includes , but is not limited to, emergency medical services where provided by a local agency directly or by contract. See California Government Code 53971.4
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 safety certificate: means a certificate issued by the Department of Justice pursuant to Sections 31610 to 31700, inclusive, or pursuant to former Article 8 (commencing with Section 12800) of Chapter 6 of Title 2 of Part 4, as that article was operative at any time from January 1, 2003, until it was repealed by the Deadly Weapons Recodification Act of 2010. See California Penal Code 16535
firearm safety device: means a device other than a gun safe that locks and is designed to prevent children and unauthorized users from firing a firearm. See California Penal Code 16540
Fireman: as used in this article , means any employee in a position designated as a fireman's position by the board. See California Government Code 31887
Fiscal officer: means , for a municipal library, the chief fiscal officer of the municipality. See California Education Code 18015
Fish: means a wild fish, mollusk, crustacean, invertebrate, amphibian, or part, spawn, or ovum of any of those animals. See California Fish and Game Code 45
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).
Flag: as used in this division , means the State Flag of California and the Flag of the United States, as defined in this section. See California Military and Veterans Code 611
Flag of the United States: includes any flag, standard, colors, or ensign authorized by the laws of the United States or any picture or representation of either, or of any part or parts of either, made of any substance or represented on any substance, of any size evidently purporting to be either of said flag, standard, colors, or ensign of the United States of America, or a picture or a representation of either, upon which shall be shown the colors, the stars and the stripes, in any number of either thereof, or of any part or parts of either, by which the average person seeing the same without deliberation may believe the same to represent the flag, standards, colors, or ensign of the United States of America. See California Military and Veterans Code 611
Flood hazard zone: means an area subject to flooding that is delineated as either a special hazard area or an area of moderate hazard on an official flood insurance rate map issued by the Federal Emergency Management Agency. See California Government Code 65007
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 limited liability partnership: means a partnership, other than a limited partnership, formed pursuant to an agreement governed by the laws of another jurisdiction and denominated or registered as a limited liability partnership or registered limited liability partnership under the laws of that jurisdiction (i) in which each partner is a licensed person or a person licensed or authorized to provide professional limited liability partnership services in a jurisdiction or jurisdictions other than this state, (ii) which is licensed under the laws of the state to engage in the practice of architecture, the practice of public accountancy, the practice of engineering, the practice of land surveying, or the practice of law, or (iii) which (I) is related to a registered limited liability partnership that practices public accountancy or, to the extent permitted by the State Bar of California, practices law or is related to a foreign limited liability partnership and (II) provides services related or complementary to the professional limited liability partnership services provided by, or provides services or facilities to, that registered limited liability partnership or foreign limited liability partnership. See California Corporations Code 16101
Foundation program: means those elements of library service which are basic to its function as a provider of information, education, and cultural enrichment to all segments of the community, including, but not limited to, collection development and maintenance, lending services, information services, facility maintenance, and administration. See California Education Code 18015
Frequent user coordinated care housing services: means housing combined with other supportive services for homeless persons identified by a city or county as the most costly, frequent users of publicly funded emergency services. See California Government Code 65582
Functional plan: as used in this chapter , means an intermediate- or short-range plan for the operation of a discrete function of state government. See California Government Code 65026
Fund: means the Victims of Corporate Fraud Compensation Fund created by Section 2280. See California Corporations Code 2281
Fund: means the Air Pollution Control Fund established pursuant to Section 43015. See California Health and Safety Code 44275
Fund: means the 1988 Higher Education Capital Outlay Bond Fund created pursuant to Section 67333. See California Education Code 67332
Fund: means the June 1990 Higher Education Capital Outlay Bond Fund created pursuant to Section 67346. See California Education Code 67345.2
Fund: means the 1992 Higher Education Capital Outlay Bond Fund created pursuant to Section 67358. See California Education Code 67358.2
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
General manager: means the highest level management appointee who is directly responsible to the board of directors for the implementation of the policies established by the board of directors. See California Government Code 61002
Geotechnical report: means a report prepared by a certified engineering geologist or a civil engineer practicing within the area of his or her competence, which identifies seismic hazards and recommends mitigation measures to reduce the risk of seismic hazard to acceptable levels. See California Public Resources Code 2693
Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
governing boards: means the local boards of trustees and the Board of Governors of the California Community Colleges, the Trustees of the California State University, and the Regents of the University of California. See California Education Code 66011
Grant: as used in this chapter means any mechanism used by a state agency to distribute appropriations that have been allocated for the purpose of financial assistance through a competitive or first-come, first-served award process. See California Government Code 8334
Grantor: The person who establishes a trust and places property into it.
Guarantor: A party who agrees to be responsible for the payment of another party's debts should that party default. ^{Source: OCC}
gun safe: means a locking container that fully contains and secures one or more firearms, and that meets the standards for gun safes adopted pursuant to Section 23650. See California Penal Code 16610
gunsmith: means any person who is licensed as a dealer pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code and the regulations issued pursuant thereto, who is engaged primarily in the business of repairing firearms, or making or fitting special barrels, stocks, or trigger mechanisms to firearms, or the agent or employee of that person. See California Penal Code 16630
handgun: means any pistol, revolver, or firearm capable of being concealed upon the person. See California Penal Code 16640
handgun safety certificate: means a certificate issued by the Department of Justice pursuant to Sections 31610 to 31700, inclusive, or pursuant to former Article 8 (commencing with Section 12800) of Chapter 6 of Title 2 of Part 4, as that article was operative at any time from January 1, 2003, until it was repealed by the Deadly Weapons Recodification Act of 2010. See California Penal Code 16670
Hazardous substance: means either of the following:
California Water Code 13050
health fair: means a program of health assessment procedures offered to the general public that may include screening, self-ordered, or diagnostic clinical laboratory tests or examinations performed by a clinical laboratory licensed or registered under subdivision (a) of Section 1265 that meets all the requirements of this chapter. See California Business and Professions Code 1214
histocompatibility laboratory director: means a physician and surgeon licensed to practice medicine pursuant to Chapter 5 (commencing with Section 2000) who is qualified pursuant to Section 1209, a bioanalyst licensed pursuant to Section 1260 who is qualified pursuant to Sections 1203 and 1209, or a person who has earned a doctoral degree in a biological science, who has completed, subsequent to graduation, four years of experience in immunology, two of which have been in histocompatibility testing. See California Business and Professions Code 1209.1
Holder: means any person in possession of property subject to this chapter belonging to another, or who is trustee in case of a trust, or is indebted to another on an obligation subject to this chapter. See California Code of Civil Procedure 1501
Holder: means :
California Commercial Code 1201
Home state: means the state in which a child lived with a parent or a person acting as a parent for at least six consecutive months immediately before the commencement of a child custody proceeding. See California Family Code 3402
immediate family member: means either of the following relationships:
California Penal Code 16720
Impasse notice: means a written notice which states either of the following:
California Civil Code 1954.26
Impeachment: (1) The process of calling something into question, as in "impeaching the testimony of a witness." (2) The constitutional process whereby the House of Representatives may "impeach" (accuse of misconduct) high officers of the federal government for trial in the Senate.
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.
Incorrect: means any instrument that fails to meet all of the requirements of Section 12107. See California Business and Professions Code 12500
Incremental cost: means the cost of the project less a baseline cost that would otherwise be incurred by the applicant in the normal course of business. See California Health and Safety Code 44275
Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. ^{Source: FDIC}
Independent public library: means a public library that is not a member of a system. See California Education Code 18710
Indirect ownership interest: means an ownership interest in an entity that has an ownership interest in a clinical laboratory, and includes an ownership interest in any entity that has an indirect ownership interest in a clinical laboratory. See California Business and Professions Code 1211
Individual user of an illegal controlled substance: means the individual whose use of a specified illegal controlled substance is the basis of an action brought under this division. See California Health and Safety Code 11703
Initial determination: means the first child custody determination concerning a particular child. See California Family Code 3402
initiative: means the California Initiative to Advance Precision Medicine established in Section 65057. See California Government Code 65056
Insignia: includes badge, motto, button, decoration, charm, emblem, or rosette. See California Corporations Code 21300
Insolvent: means :
California Commercial Code 1201
Inspector: means the supervisor of the precinct board of which he or she is a member. See California Elections Code 325
institutions: include every hospital, sanitarium, boarding home, or other place receiving or caring for developmentally disabled persons. See California Welfare and Institutions Code 4416
Intangible property: Property that has no intrinsic value, but is merely the evidence of value such as stock certificates, bonds, and promissory notes.
Inter vivos: Transfer of property from one living person to another living person.
Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. ^{Source: OCC}
Intermediary: as used in this article means a third-party governmental or private entity contracted by the office to perform grant and fund management and other services as required to manage and provide resources to the community-based organizations. See California Government Code 65052.2
Intestate: Dying without leaving a will.
Irrevocable trust: A trust arrangement that cannot be revoked, rescinded, or repealed by the grantor.
Issuer: shall mean the authority when the authority is the issuer of the bonds, and shall mean the project sponsor when the authority has authorized the project sponsor to be the issuer of the bonds. See California Government Code 64102
Issuing court: means the court that makes a child custody determination for which enforcement is sought under this part. See California Family Code 3402
Joint committee: Committees including membership from both houses of teh legislature. Joint committees are usually established with narrow jurisdictions and normally lack authority to report legislation.
joint powers board: means the governing board of a joint exercise of powers agency established pursuant to Article 5. See California Government Code 14070
Joint tenancy: A form of property ownership in which two or more parties hold an undivided interest in the same property that was conveyed under the same instrument at the same time. A joint tenant can sell his (her) interest but not dispose of it by will. Upon the death of a joint tenant, his (her) undivided interest is distributed among the surviving joint tenants.
Judgment debtor: means a corporation or agent against which a judgment, arbitration award, or criminal restitution order has been entered for conduct constituting intentional fraud. See California Corporations Code 2281
jurisdiction: means a city, city and county, or county. See California Government Code 65582
knowingly: import s only a knowledge that the facts exist which bring the act or omission within the provisions of this code. See California Penal Code 7
laboratory director: means any person who is any of the following:
California Business and Professions Code 1209
Landlord: means any operator, keeper, lessor, or sublessor of any furnished or unfurnished premises for hire, or his or her agent or successor in interest. See California Civil Code 1980
Latent power: means those services and facilities authorized by Part 3 (commencing with Section 61100) that the local agency formation commission has determined, pursuant to subdivision (i) of Section 56425, that a district did not provide prior to January 1, 2006. See California Government Code 61002
Lawsuit: A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty, resulting in harm to the plaintiff.
Legacy: A gift of property made by will.
Legatee: A beneficiary of a decedent
legislative body: means the city council or board of trustees in the case of a city, the board of supervisors in the case of a county or a city and county, or the board of directors, trustees, or governors or other governing body in the case of a special district or any other municipal or public corporation or district. See California Government Code 53971
Legislative session: That part of a chamber's daily session in which it considers legislative business (bills, resolutions, and actions related thereto).
Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
Libraries for institutionalized persons: means libraries maintained by institutions for the purpose of serving their resident populations. See California Education Code 18710
library districts: as used in this chapter mean "union high school library district. See California Education Code 18301
library trustees: as used in this chapter mean the regularly elected union high school trustees who reside within the library district. See California Education Code 18300
license: shall include a permit or a certificate issued by a state agency. See California Penal Code 23
licensing agency: means a panel of the Division of Medical Quality. See California Business and Professions Code 825
Licensing board: means any board, as defined in Section 22, the State Bar of California, and the Department of Real Estate. See California Business and Professions Code 30
Life estate: A property interest limited in duration to the life of the individual holding the interest (life tenant).
Life insurance corporation: means any association or corporation transacting the business of insurance on the lives of persons or insurance appertaining thereto, including, but not by way of limitation, endowments, and annuities. See California Code of Civil Procedure 1501
Liquidated: means that all moneys for a specified fiscal year have been spent by a district to reimburse grantees for valid and eligible project invoices and district administrative costs. See California Health and Safety Code 44275
Liquidator: means a person who is regularly engaged in the business of disposing of assets for businesses contemplating liquidation or dissolution. See California Commercial Code 6102
Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
local agency: means any city, county, or special district, or subdivision thereof, which is authorized to provide solid waste handling services. See California Public Resources Code 25741
local agency: means any city, county, or city and county, or a district, public authority, or any other political subdivision in the state. See California Government Code 53970
Local agency: means a city, county, city and county, special district, school district, community college district, county superintendent of schools, or any other agency of the state formed for the local performance of governmental or proprietary functions within limited boundaries. See California Government Code 53983
Local consumer affairs agency: means and includes any city or county body which primarily provides consumer protection services. See California Business and Professions Code 17201.5
Local educational agency: means a school district, county office of education, charter school, entity providing services under a school transportation joint powers agreement, or regional occupational center or program. See California Education Code 39881
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
machinegun: means any weapon that shoots, is designed to shoot, or can readily be restored to shoot, automatically more than one shot, without manual reloading, by a single function of the trigger. See California Penal Code 16880
Marketing of illegal controlled substances: means the possession for sale, sale, or distribution of a specified illegal controlled substance, and shall include all aspects of making such a controlled substance available, including, but not limited to, its manufacture. See California Health and Safety Code 11703
Markup: The process by which congressional committees and subcommittees debate, amend, and rewrite proposed legislation.
Measure: means any constitutional amendment or other proposition submitted to a popular vote at any election. See California Elections Code 329
Measuring instrument: means any device, contrivance, apparatus, or instrument used, or designed to be used, for ascertaining measure and includes any tool, appliance, or accessory used or connected therewith. See California Business and Professions Code 12500
meeting: means any meeting of a majority of the board of directors of the corporation and meetings of any committee exercising final decisionmaking authority delegated by the board, which committee was created by board action appointing the members of the committee. See California Health and Safety Code 101862
mineral right: means an interest in minerals, regardless of character, whether fugacious or nonfugacious, organic or inorganic, that is created by grant or reservation, regardless of form, whether a fee or lesser interest, mineral, royalty, or leasehold, absolute or fractional, corporeal or incorporeal, and includes express or implied appurtenant surface rights. See California Civil Code 883.110
Mitigation: means those measures that are consistent with established practice and that will reduce seismic risk to acceptable levels. See California Public Resources Code 2693
Mobile Source Air Pollution Reduction Review Committee: means the Mobile Source Air Pollution Reduction Review Committee created by Section 44244. See California Health and Safety Code 44275
Modification: means a child custody determination that changes, replaces, supersedes, or is otherwise made after a previous determination concerning the same child, whether or not it is made by the court that made the previous determination. See California Family Code 3402
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
Municipal election: means elections in general law cities and where applicable in chartered cities. See California Elections Code 330
municipally owned transit system: means a transit system owned by a city, or by a district created under Part 1 (commencing with Section 24501) of Division 10 of . See California Education Code 39800
Municipally owned transit system: means a transit system owned by a city, or by a district created pursuant to Part 1 (commencing with Section 24501) of Division 10 of . See California Education Code 39881
National Bank: A bank that is subject to the supervision of the Comptroller of the Currency. The Office of the Comptroller of the Currency is a bureau of the U.S. Treasury Department. A national bank can be recognized because it must have "national" or "national association" in its name. ^{Source: OCC}
Negotiation notice: means a written notice by a tenant in privity of estate, and in privity of contract with the owner, stating either of the following:
California Civil Code 1954.26
Net contract price: means the new consideration the buyer is obligated to pay for the assets less each of the following:
California Commercial Code 6102
Net proceeds: means the new consideration received for assets sold at a sale by auction or a sale conducted by a liquidator on the seller's behalf less each of the following:
California Commercial Code 6102
new law: means this division of the Corporations Code as amended by act of the California Legislature, 1975-76 Regular Session, effective January 1, 1977, and as in effect on that date. See California Corporations Code 2300
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
Notice: includes all papers and orders required to be served in any proceedings before any court, board, or officer, or when required by law to be served independently of such proceeding. See California Government Code 26660
NOx: means oxides of nitrogen. See California Health and Safety Code 44275
office: means the Office of Emergency Services. See California Public Resources Code 2811
Office: as used in this chapter means the Office of Planning and Research. See California Government Code 65025
Office: as used in this article means the Office of Community Partnerships and Strategic Communications. See California Government Code 65052.2
Official census: as used in this chapter , means any decennial or special federal census, or an official estimate of the State Department of Finance. See California Government Code 65060.5
online dating service: means any person or organization engaged in the business of offering dating, matrimonial, or social referral services online, where the services are offered primarily online, such as by means of an Internet Web site or a mobile application. See California Civil Code 1694
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}
Operates: means actions or decisions to control performance or outcome of one or more wastewater treatment processes and includes the supervision of any other person who acts or makes decisions to control the performance or outcome of one or more wastewater treatment processes. See California Water Code 13625
oral and maxillofacial pathologist: means a person licensed by the department under Section 1264 to engage in, or supervise others engaged in, clinical laboratory practice limited to the person's area of specialization or to direct a clinical laboratory, or portion thereof, limited to their area of specialization. See California Business and Professions Code 1207
order: include a decree, as appropriate under the circumstances. See California Family Code 100
ordinance: includes "resolution" where the local agency is authorized to act only by resolution. See California Government Code 53971.5
Organization: means a person other than an individual. See California Commercial Code 1201
Owner: means a depositor in case of a deposit, a beneficiary in case of a trust, or creditor, claimant, or payee in case of other choses in action, or any person having a legal or equitable interest in property subject to this chapter, or his or her legal representative. See California Code of Civil Procedure 1501
Owner: includes any person, acting as principal or through an agent, having the right to offer commercial real property for rent, and includes any predecessor in interest to the owner. See California Civil Code 1954.26
Owner: includes any person, acting as principal or through an agent, having the right to offer residential real property for rent, and includes a predecessor in interest to the owner, except that this term does not include the owner or operator of a mobilehome park, or the owner of a mobilehome or his or her agent. See California Civil Code 1954.51
ownership interest: means the possession of equity in capital, stock, or profits. See California Business and Professions Code 1211
Ownership or management: means the ownership or management of a cooperative or condominium for floating homes. See California Civil Code 800.300
parent: means :
California Government Code 31844
parent: means the father or mother of the deceased member who at the time of the death of such member was not less than 62 years of age and was receiving not less than one-half of his or her support from the member, and who has not remarried since the member's death. See California Government Code 31855.4
Parkfield characteristic earthquake: means an earthquake that has, among other qualities, a magnitude between 5. See California Public Resources Code 2801
Parkfield prototype earthquake prediction system: means a dense cluster of instruments along the Parkfield section of the San Andreas fault which monitors earthquake activity, local distortion of the Earth's crust, strain levels, creep adjustments along the fault, and other phenomena which may be useful in making a short-term earthquake prediction. See California Public Resources Code 2801
Participating party: means a person, federal or state agency, department, board, authority, or commission, state or community college, or university, or a city or county, regional agency, public district, school district, or other political entity engaged in the business or operations in the state, whether organized for profit or not for profit, that applies for financial assistance from the authority for the purpose of implementing a project. See California Public Resources Code 26003
Partnership: means an association of two or more persons to carry on as coowners a business for profit formed under Section 16202, predecessor law, or comparable law of another jurisdiction, and includes, for all purposes of the laws of this state, a registered limited liability partnership, and excludes any partnership formed under Chapter 4. See California Corporations Code 16101
Partnership agreement: means the agreement, whether written, oral, or implied, among the partners concerning the partnership, including amendments to the partnership agreement. See California Corporations Code 16101
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
Pension board: as used in this article , means the board of retirement. See California Government Code 31884
Person: means an individual, a corporation, a partnership, a limited liability company, a joint venture, an association, a joint stock company, a trust, or any other form of a legal entity, and includes the agents and employees of that person. See California Financial Code 51000
Person: means an individual, governmental entity, corporation, firm, trust, partnership, or incorporated or unincorporated association, existing under or authorized by the laws of this state, another state, or a foreign country. See California Health and Safety Code 11703
Person: includes any city, county, district, the state, and the United States, to the extent authorized by federal law. See California Water Code 13050
person: includes firm, association, partnership, individual, limited liability company, and corporation. See California Business and Professions Code 1201
person: includes an individual, partnership, firm, association, or corporation. See California Business and Professions Code 17360
Person: means an individual, corporation, business trust, estate, trust, partnership, limited partnership, limited liability partnership, limited liability company, association, joint venture, government, governmental subdivision, agency, or instrumentality, or any other legal or commercial entity. See California Corporations Code 16101
Person: means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, or government. See California Family Code 3402
person: includes any individual, partnership, firm, association, or corporation. See California Business and Professions Code 17506
Person: means any individual, business association, government or governmental subdivision or agency, two or more persons having a joint or common interest, or any other legal or commercial entity, whether that person is acting in his or her own right or in a representative or fiduciary capacity. See California Code of Civil Procedure 1501
person: includes any natural person, corporation, partnership, limited liability company, firm, or association. See California Government Code 7920.520
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: includes any person, firm, partnership, association, corporation, company, limited liability company, syndicate, estate, trust, business trust, or organization of any kind. See California Financial Code 18
Person: 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: includes a corporation as well as a natural person. See California Penal Code 7
Person: means any person, firm, partnership, association, corporation, organization, limited liability company, or business trust. See California Streets and Highways Code 19
Person: means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, government, governmental subdivision, agency, or instrumentality, or any other legal or commercial entity. See California Commercial Code 1201
Person: includes a natural person, firm, association, organization, partnership, business trust, corporation, limited liability company, or public entity. See California Family Code 105
Person: means any natural person or any partnership, corporation, limited liability company, trust, or other type of association. See California Fish and Game Code 67
Person acting as a parent: means a person, other than a parent, who: (1) has physical custody of the child or has had physical custody for a period of six consecutive months, including any temporary absence, within one year immediately before the commencement of a child custody proceeding. See California Family Code 3402
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
persons: includes corporations, firms, partnerships and associations existing under or authorized by the laws of this State or any other State, or any foreign country. See California Business and Professions Code 16702
Petition: includes any form of pleading brought pursuant to Section 65751, whether it is a petition, complaint, cross-complaint, complaint in intervention, or any other form. See California Government Code 65750
Petitioner: includes a petitioner, plaintiff, cross-complainant, or intervenor who files an action of any kind pursuant to Section 65751. See California Government Code 65750
Petitioner: includes plaintiff, where appropriate. See California Family Code 126
Physical custody: means the physical care and supervision of a child. See California Family Code 3402
Place of illegal activity: means , in relation to the individual user of an illegal controlled substance, each county in which the individual illegally possesses or uses an illegal controlled substance during the period of the individual's use of an illegal controlled substance. See California Health and Safety Code 11703
Place of participation: means , in relation to a defendant in an action brought under this division, each county in which the person participates in the marketing of illegal controlled substances during the period of the person's participation in the marketing of illegal controlled substances. See California Health and Safety Code 11703
Plaintiff: The person who files the complaint in a civil lawsuit.
Plan: means a community revitalization and investment plan and shall be deemed to be the plan described in §. See California Government Code 62000
Plan: means a plan which specifies the new public facilities to serve residential, commercial, and industrial developments within a defined area and the financing and construction schedule of new public facilities. See California Government Code 53983
Plan area: means territory included within a community revitalization and investment area. See California Government Code 62000
police protection services: includes county criminal justice facilities, which shall be limited to, jails, detention facilities, and juvenile halls. See California Government Code 53971.3
Policeman: as used in this article includes sheriffs, undersheriffs, deputy sheriffs and any other employee of a county in a position designated as a policeman's position by the board. See California Government Code 31886
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
Pollution: means an alteration of the quality of the waters of the state by waste to a degree which unreasonably affects either of the following:
California Water Code 13050
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
Premises: includes any common areas associated therewith. See California Civil Code 1980
premium finance agreement: means a loan contract, note, agreement, or obligation by which an insured agrees to pay to a lender in installments the principal amount advanced by the lender to an insurer or producer in payment of premium on an insurance contract or contracts, plus charges, with the assignment, as security therefor, of the unearned premiums, accrued dividends, or loss payments. See California Financial Code 29002
premium financing: means engaging in the business of advancing money, directly or indirectly, to an insurer or producer at the request of an insured pursuant to the terms of a premium finance agreement, wherein the insured has assigned the unearned premiums, accrued dividends, or loss payments as security for such advancement in payment of premiums on insurance contracts only, and does not include the financing of insurance contract premiums purchased in connection with the financing of goods and services. See California Financial Code 29000
Preparedness: means long-term preearthquake hazard mitigation, reconstruction, and recovery planning and preparation for emergency response. See California Public Resources Code 2811
President pro tempore: A constitutionally recognized officer of the Senate who presides over the chamber in the absence of the Vice President. The President Pro Tempore (or, "president for a time") is elected by the Senate and is, by custom, the Senator of the majority party with the longest record of continuous service.
Prevailing market rent: means the rental rate that would be authorized pursuant to 42 U. See California Civil Code 1954.51
Price: includes any charge or fee, however denominated, for the hiring of commercial real property and includes any security or deposit subject to Section 1950. See California Civil Code 1954.26
Primary election: includes all primary nominating elections provided for by this code. See California Elections Code 341
Principal act: means the law providing for the creation or change in boundaries of a district. See California Government Code 58901
Principal county: means the county having all or the greatest portion of the entire assessed valuation, as shown on the last equalized assessment roll of the county or counties, of all taxable property in the district. See California Government Code 61002
prior law: means the applicable law as in effect prior to January 1, 1977. See California Corporations Code 2300
Pro per: A slang expression sometimes used to refer to a pro se litigant. It is a corruption of the Latin phrase "in propria persona." ^{Source: U.S. Courts}
Proceeding: includes an action. See California Family Code 110
Process: includes all writs, warrants, summons, and orders of courts of justice, or judicial officers. See California Government Code 26660
Process: signifies a writ or summons issued in the course of a judicial proceeding. See California Code of Civil Procedure 17
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
Program: means the Carl Moyer Memorial Air Quality Standards Attainment Program created by subdivision (a) of Section 44280. See California Health and Safety Code 44275
project: means either of the following:
California Public Resources Code 2621.6
Project: shall mean and include all or a portion of the planning, design, development, finance, construction, reconstruction, rehabilitation, improvement, acquisition, lease, operation, or maintenance of highway, public street, rail, bus, or related facilities supplemental to or improvements upon existing facilities currently owned or operated by the department or other project sponsor. See California Government Code 64102
Project: means a land, building, improvement to the land or building, rehabilitation, work, property, or structure, real or personal, stationary or mobile, including, but not limited to, machinery and equipment utilized in the state, whether or not in existence or under construction, that utilizes, or is designed to utilize, an alternative source, or that is utilized for the design, technology transfer, manufacture, production, assembly, distribution, or service of advanced transportation technologies or alternative source components. See California Public Resources Code 26003
Project sponsor: shall mean either the department, a regional transportation planning agency designated pursuant to Section 29532 or 29532. See California Government Code 64102
Property: means all property, real, personal, or mixed, tangible or intangible, or any interest therein. See California Corporations Code 16101
Property: means any right, title, or interest in or lien upon real property or part thereof. See California Code of Civil Procedure 770.010
Property: includes both personal and real property. See California Code of Civil Procedure 17
property: includes both real and personal property. See California Penal Code 7
Property: includes real and personal property and any interest therein. See California Family Code 113
Proposal: means any proposal for the formation of a new, or change in the boundaries of an existing, district. See California Government Code 58901
Proxy voting: The practice of allowing a legislator to cast a vote in committee for an absent legislator.
Prudent investor standard: means the prudent investor rule described in Article 2. See California Financial Code 51000
public agency: includes the federal government or any federal department or agency, this state, any other state or any state department or agency, a county, city, public corporation, or public district of this state or any other state. See California Government Code 31895
Public defender: Represent defendants who can't afford an attorney in criminal matters.
Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
Public library: means a library, or two or more libraries, operated as a single entity by one or more public jurisdictions and which serve the general public without distinction. See California Education Code 18015
Public library: means a library, or two or more libraries, that is operated by a single public jurisdiction and that serves its residents free of charge. See California Education Code 18710
public records: includes any writing containing information relating to the conduct of the public's business prepared, owned, used, or retained by any state or local agency regardless of physical form or characteristics. See California Government Code 7920.530
Purchase: means the purchase, loan, or transfer of a firearm. See California Penal Code 28150
Purchase: means the purchase, loan, or transfer of a firearm. See California Penal Code 28200
Purchase: means taking by sale, lease, discount, negotiation, mortgage, pledge, lien, security interest, issue or reissue, gift, or any other voluntary transaction creating an interest in property. See California Commercial Code 1201
Purchaser: means the purchaser or transferee of a firearm or the person being loaned a firearm. See California Penal Code 28150
Purchaser: means the purchaser or transferee of a firearm or the person being loaned a firearm. See California Penal Code 28200
Quasi-community property: means all real or personal property, wherever situated, acquired before or after the operative date of this code in any of the following ways:
California Family Code 125
Quorum: The number of legislators that must be present to do business.
Racial equity: means efforts to ensure race can no longer be used to predict life well-being, outcomes, and conditions for all groups. See California Government Code 8303
Recipient: means any person or entity that receives any financial assistance from the state board, including, but not limited to, a recipient's contractors or consultants who performs work for a recipient. See California Water Code 13491
record: includes all or any part of any judgment, decree, order, document, paper, process, or file. See California Code of Civil Procedure 1953
Recycled water: means water which, as a result of treatment of waste, is suitable for a direct beneficial use or a controlled use that would not otherwise occur and is therefor considered a valuable resource. See California Water Code 13050
Recycled water producer: means any local public entity that produces recycled water. See California Water Code 13575
Recycled water wholesaler: means any local public entity that distributes recycled water to retail water suppliers and which has constructed, or is constructing, a recycled water distribution system. See California Water Code 13575
Region: as used in this chapter , means the area included within a district. See California Government Code 65060.6
Regional board: means any California regional water quality control board for a region as specified in Section 13200. See California Water Code 13050
Regional plan: as used in this chapter , means a comprehensive, long-term general plan for the physical development of the region, and any land outside its boundaries which in the board's judgment bears relation to its planning. See California Government Code 65060.7
Registered limited liability partnership: means a partnership, other than a limited partnership, formed pursuant to an agreement governed by Article 10 (commencing with Section 16951), that is registered under Section 16953 and (i) each of the partners of which is a licensed person or a person licensed or authorized to provide professional limited liability partnership services in a jurisdiction or jurisdictions other than this state, (ii) is licensed under the laws of the state to engage in the practice of architecture, the practice of public accountancy, the practice of engineering, the practice of land surveying, or the practice of law, or (iii)(I) is related to a registered limited liability partnership that practices public accountancy or, to the extent permitted by the State Bar of California, practices law or is related to a foreign limited liability partnership and (II) provides services related or complementary to the professional limited liability partnership services provided by, or provides services or facilities to, that registered limited liability partnership or foreign limited liability partnership. See California Corporations Code 16101
Remand: When an appellate court sends a case back to a lower court for further proceedings.
Remedy: means any remedial right to which an aggrieved party is entitled with or without resort to a tribunal. See California Commercial Code 1201
Rent: means to hire real property and includes a lease or sublease. See California Civil Code 1954.26
Report: means the report entitled "Investing in Renewable Electricity Generation in California" (June 2001, Publication Number P500-00-022) submitted to the Governor and the Legislature by the commission. See California Public Resources Code 25741
Report: as used in this chapter , means the State Environmental Goals and Policy Report. See California Government Code 65027
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).
Repower: means replacing an engine with a different engine. See California Health and Safety Code 44275
Resident: means a person who maintains a residence in a cooperative or condominium for floating homes. See California Civil Code 800.300
Residential real property: includes any dwelling or unit that is intended for human habitation. See California Civil Code 1954.51
Residuals: means payments pursuant to a collective bargaining agreement of additional compensation for domestic and foreign uses of recorded materials. See California Code of Civil Procedure 1501
Respondent: includes defendant, where appropriate. See California Family Code 127
Retail seller: means a "retail seller" as defined in §. See California Public Resources Code 25741
Retail water supplier: means any local entity, including a public agency, city, county, or private water company, that provides retail water service. See California Water Code 13575
Retailer: means the retail water supplier in whose service area is located the property to which a customer requests the delivery of recycled water service. See California Water Code 13575
Retrofit: means making modifications to the engine and fuel system so that the retrofitted engine does not have the same specifications as the original engine. See California Health and Safety Code 44275
Returned: means those moneys sent by a district to the state board for reallocation because those moneys are not liquidated by a liquidation deadline. See California Health and Safety Code 44275
Revenue: means all rents, receipts, purchase payments, loan repayments, and all other income or receipts derived by the authority from a project, or the sale, lease, or other disposition of alternative source or advanced transportation technology facilities, or the making of loans to finance alternative source or advanced transportation technology facilities, and any income or revenue derived from the investment of money in any fund or account of the authority. See California Public Resources Code 26003
Revitalization project: means a physical improvement to real property funded by the authority. See California Government Code 62000
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}
Sacramento-San Joaquin Valley: means lands in the bed or along or near the banks of the Sacramento River or San Joaquin River, or their tributaries or connected therewith, or upon any land adjacent thereto, or within the overflow basins thereof, or upon land susceptible to overflow therefrom. See California Government Code 65007
safety: is a utomatically applied by the pistol, this feature shall not be defeated. See California Penal Code 31900
Sale: means the sale, loan, or transfer of a firearm. See California Penal Code 28150
Sale: means the sale, loan, or transfer of a firearm. See California Penal Code 28200
Salvageable personal property: means any type of corporeal personalty, new or used, but not including money or evidences of debt. See California Welfare and Institutions Code 148
San Joaquin Joint Powers Authority: means a joint exercise of powers agency formed under Chapter 5 (commencing with Section 6500) of Division 7 of Title 1 for purposes of assuming administrative responsibility for the San Joaquin Corridor under an interagency transfer agreement pursuant to Article 5 (commencing with Section 14070). See California Government Code 14074
school: means any place, establishment, or institution organized and operated to offer training for one or more of the personnel classifications included in this chapter or the regulations pertaining thereto. See California Business and Professions Code 1213
School building: as used in this article means and includes any building used, or designed to be used, for elementary or secondary school purposes and constructed, reconstructed, altered, or added to, by the state or by any city or city and county, or by any political subdivision, or by any school district of any kind within the state, or by any regional occupational center or program created by or authorized to act by an agreement under joint exercise of power, or by the United States government, or any agency thereof. See California Education Code 17283
School-related pupil transportation: means home-to-school transportation, field trips, after school program-related transportation, preschool and childcare-related transportation, athletic program-related transportation, extracurricular school activity-related transportation, or any transportation of pupils to or from a school campus. See California Education Code 39881
Secretary: means the secretary of the board of directors. See California Government Code 61002
Secretary: means the Secretary of Transportation. See California Government Code 14070
Secretary: means the Secretary of Food and Agriculture. See California Food and Agricultural Code 35
Security interest: includes any interest of a consignor and a buyer of accounts, chattel paper, a payment intangible, or a promissory note in a transaction that is subject to Division 9 (commencing with Section 9101). See California Commercial Code 1201
Sell: includes offer for sale, expose for sale, possess for sale, exchange, barter, or trade. See California Food and Agricultural Code 44
Sequester: To separate. Sometimes juries are sequestered from outside influences during their deliberations.
Service of process: The service of writs or summonses to the appropriate party.
Service station: as used in this chapter , means any establishment which offers for sale or sells gasoline or other motor vehicle fuel to the public. See California Business and Professions Code 13650
Sheriff: includes marshal. See California Code of Civil Procedure 17
Short-term prediction: means a prediction of an earthquake that is expected to occur within a few hours to a few weeks. See California Public Resources Code 2801
Signature: includes mark when the signer cannot write, such signer's name being written near the mark by a witness who writes his own name near the signer's name. See California Corporations Code 17
Signature: includes either of the following:
California Elections Code 354.5
Solar device: means the equipment associated with the collection, transfer, distribution, storage, and control of solar energy. See California Public Resources Code 25600
Solar energy system: means a solar energy device that has the primary purpose of providing for the collection and distribution of solar energy for the generation of electricity, that produces at least one kW, and not more than five MW, alternating current rated peak electricity, and that meets or exceeds the eligibility criteria established pursuant to Section 25782. See California Public Resources Code 25781
special district: shall mean an agency of the state, formed pursuant to general law or special act, for the local performance of governmental or proprietary functions within limited boundaries which utilizes the county treasury as a depository for its funds. See California Government Code 53950
Special election: is a n election, the specific time for the holding of which is not prescribed by law. See California Elections Code 356
Special Services Programs: means a project establishing or improving service to the underserved of all ages. See California Education Code 18710
Specified illegal controlled substance: means cocaine, phencyclidine, heroin, or methamphetamine and any other illegal controlled substance the manufacture, cultivation, importation into this state, transportation, possession for sale, sale, furnishing, administering, or giving away of which is a violation of Section 11351, 11351. See California Health and Safety Code 11703
Spousal support: means support of the spouse of the obligor. See California Family Code 142
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 Government Code 12.2
spouse: includes "registered domestic partner" as required by §. See California Penal Code 7
Spouse: includes "registered domestic partner" as required by Section 297. See California Family Code 143
State: means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or any territory or insular possession subject to the jurisdiction of the United States. See California Corporations Code 16101
State: means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. See California Family Code 3402
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: 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 Water Code 18
State: means a state of the United States, the District of Columbia, or a commonwealth, territory, or insular possession subject to the jurisdiction of the United States. See California Family Code 145
State: means the State of California, unless applied to the different parts of the United States. See California Fish and Game Code 83
State: means the State of California, unless applied to the different parts of the United States. See California Education Code 77
state agency: means every state office, officer, department, division, bureau, board, and commission or other state body or agency, except those agencies provided for in Article IV (except Section 20 thereof) or Article VI of the California Constitution. See California Government Code 7920.540
state agency: includes every state office, officer, department, division, bureau, board, and commission. See California Government Code 11000
State agency: means any office, department, commission, or agency of the State of California with authority to approve or recommend approval of the priority of allocation, or allocations, of state funds to local agencies or to approve or recommend approval of the priority or allocation of funds for state construction. See California Government Code 53983
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 board: means the State Water Resources Control Board. See California Water Code 13050
State board: means the California Library Services Board. See California Education Code 18710
State Clearinghouse: means the office of that name established by executive action of the Governor or any successor office designated by the Governor as the clearinghouse for information from the Office of Management and Budget in accordance with the Intergovernmental Cooperation Act of 1968 (P. See California Government Code 65040.10 v2
State hospital: means any hospital specified in Section 4440. See California Welfare and Institutions Code 4401
state-designated cultural district: means a geographical area certified pursuant to this chapter with a concentration of cultural facilities, creative enterprises, or arts venues that does any of the following:
California Government Code 8758
Statement: means a statement of partnership authority under Section 16303, a statement of denial under Section 16304, a statement of dissociation under Section 16704, a statement of dissolution under Section 16805, a statement of conversion or a certificate of conversion under Section 16906, a statement of merger under Section 16915, or an amendment or cancellation of any of the foregoing. See California Corporations Code 16101
Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
Structural racism: means the social forces, institutions, policies, and programs that interact with one another to generate and reinforce inequities among racial and ethnic groups. See California Government Code 8303
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 Water Code 10
Subdivision: means a subdivision of the section in which that term occurs unless some other section is expressly mentioned. See California Fish and Game Code 73
Subject land: means that area occupied by the particular described surface and surface zone for which plaintiff seeks to terminate the leasehold right of entry and occupation. See California Code of Civil Procedure 772.020
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 Government Code 16
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 Harbors and Navigation Code 18
Subsequent owner: means the person to whom property is transferred whether as owner, part owner, or otherwise, or the successors in interest of the person, and includes a distributee of the estate of a decedent. See California Code of Civil Procedure 770.010
Supervising authority: means the board of supervisors, city council or the governing body authorized by law to act upon proceedings for the formation of a new, or change in boundaries of an existing, district. See California Government Code 58901
Supplementary service: means additional service provided by a municipally owned transit system for the purpose of ensuring the regular transit service is not impacted by large loads associated with pupil passengers traveling to or from schoolsites around school bell times. See California Education Code 39881
Support: refers to a support obligation owing on behalf of a child, spouse, or family, or an amount owing pursuant to Section 17402. See California Family Code 150
Supportive housing: means housing with no limit on length of stay, that is occupied by the target population, and that is linked to an onsite or offsite service that assists the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community. See California Government Code 65582
Supportive services: include , but are not limited to, a combination of subsidized, permanent housing, intensive case management, medical and mental health care, substance abuse treatment, employment services, and benefits advocacy. See California Government Code 65582
Surface zone: means the zone which lies above a plane which is 500 feet below the surface of the land. See California Code of Civil Procedure 772.020
System: means a cooperative library system. See California Education Code 18710
Target population: means persons with low incomes who have one or more disabilities, including mental illness, HIV or AIDS, substance abuse, or other chronic health condition, or individuals eligible for services provided pursuant to the Lanterman Developmental Disabilities Services Act (Division 4. See California Government Code 65582
telephone solicitor: means any person or entity who, on his or her own behalf or through salespersons or agents, announcing devices, or otherwise, makes or causes a telephone call to be made to a California telephone number that does any of the following:
California Business and Professions Code 17592
Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
Tenancy: includes the lawful occupation of property and includes a lease or sublease. See California Civil Code 1954.51
Tenancy by the entirety: A type of joint tenancy between husband and wife that is recognized in some States. Neither party can sever the joint tenancy relationship; when a spouse dies, the survivor acquires full title to the property.
Tenancy in common: A type of property ownership in which two or more individuals have an undivided interest in property. At the death of one tenant in common, his (her) fractional percentage of ownership in the property passes to the decedent
Tenant: includes a lessee, subtenant, and sublessee. See California Civil Code 1954.26
Term: means the period of time for which real property is rented or offered for rent, and includes any provision for a termination or extension of such a period or renewal thereof, except that nothing in this chapter supersedes the specific provisions of this code or of the Code of Civil Procedure which of themselves establish, prescribe, limit, or define the term for which real property may be rented. See California Civil Code 1954.26
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.
total benefits: means the retirement allowance or other benefit payable to any beneficiary pursuant to the provisions of this chapter plus any other monetary payments due to the same beneficiary from any public agency. See California Government Code 31895.5
trainee: means a person licensed under this chapter for the purpose of receiving comprehensive practical experience and instruction in clinical laboratory procedures in one of the sciences or in general clinical laboratory science under the direct and responsible supervision of a person authorized to direct a laboratory under the provisions of this chapter, clinical laboratory scientist, clinical chemist scientist, clinical microbiologist scientist, clinical toxicologist scientist, clinical immunohematologist scientist, clinical genetic molecular biologist scientist, clinical cytogeneticist scientist, clinical histocompatibility scientist, clinical laboratory geneticist scientist, clinical reproductive biologist scientist, or other equivalent licensee in the science or specialty or subspecialty for which the person is licensed in a clinical laboratory certified for this purpose by the department under this chapter. See California Business and Professions Code 1205
transaction: means negotiated purchase and sale, gift, or devise. See California Government Code 53938
Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
Transfer: includes an assignment, conveyance, lease, mortgage, deed, and encumbrance. See California Corporations Code 16101
Transitional housing: means buildings configured as rental housing developments, but operated under program requirements that require the termination of assistance and recirculating of the assisted unit to another eligible program recipient at a predetermined future point in time that shall be no less than six months from the beginning of the assistance. See California Government Code 65582
Tribe: means an Indian tribe or band, or Alaskan Native village, that is recognized by federal law or formally acknowledged by a state. See California Family Code 3402
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.
Underlying land use jurisdiction: means any of the following entities, as applicable, that has jurisdiction over the approval of a commercial development project:
California Government Code 64620
Underserved: means any population segment with exceptional service needs not adequately met by traditional library service patterns, including, but not limited to, those persons who are geographically isolated, economically disadvantaged, functionally illiterate, of non-English-speaking or limited-English-speaking ability, homebound, or institutionalized, or who are persons with disabilities. See California Education Code 18710
Undetermined risk area: means an urban or urbanizing area within a moderate flood hazard zone, as delineated on an official flood insurance rate map issued by the Federal Emergency Management Agency, which has not been determined to have an urban level of protection. See California Government Code 65007
Uniform Commercial Code: A set of statutes enacted by the various states to provide consistency among the states' commercial laws. It includes negotiable instruments, sales, stock transfers, trust and warehouse receipts, and bills of lading. ^{Source: OCC}
union high school: shall be deemed to mean unified school district. See California Education Code 18311
United States: includes its territories and possessions and the Commonwealth of Puerto Rico. See California Commercial Code 6102
United States: means the United States of America, and in relation to any particular matter includes the officers, agents, employees, agencies, or instrumentalities authorized to act in relation thereto. See California Water Code 20
Universal borrowing: means the extension by a public library of its direct loan privileges to the eligible borrowers of all other public libraries. See California Education Code 18710
unlicensed laboratory personnel: means a laboratory aide, histocompatibility technician, cardiopulmonary technician, or other person performing the activities authorized by Section 1269. See California Business and Professions Code 1212
Urban area: means a developed area in which there are 10,000 residents or more. See California Government Code 65007
Urban level of flood protection: means the level of protection that is necessary to withstand flooding that has a 1-in-200 chance of occurring in any given year using criteria consistent with, or developed by, the Department of Water Resources. See California Government Code 65007
User fees: Fees charged to users of goods or services provided by the government. In levying or authorizing these fees, the legislature determines whether the revenue should go into the treasury or should be available to the agency providing the goods or services.
Usury: Charging an illegally high interest rate on a loan. ^{Source: OCC}
Value: means fair market value. See California Commercial Code 6102
Variable Rate: Having a "variable" rate means that the APR changes from time to time based on fluctuations in an external rate, normally the Prime Rate. This external rate is known as the "index." If the index changes, the variable rate normally changes. Also see Fixed Rate.
Venue: The geographical location in which a case is tried.
Verified: means signed and sworn to or affirmed. See California Commercial Code 6102
Very low emission vehicle: means a heavy-duty vehicle with emissions significantly lower than otherwise applicable baseline emission standards or uncontrolled emission levels pursuant to Section 44282. See California Health and Safety Code 44275
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
Veto: The procedure established under the Constitution by which the President/Governor refuses to approve a bill or joint resolution and thus prevents its enactment into law. A regular veto occurs when the President/Governor returns the legislation to the house in which it originated. The President/Governor usually returns a vetoed bill with a message indicating his reasons for rejecting the measure. In Congress, the veto can be overridden only by a two-thirds vote in both the Senate and the House.
Voter: means any elector who is registered under this code. See California Elections Code 359
Warehouse receipt: means a receipt issued by a person engaged in the business of storing goods for hire. See California Commercial Code 1201
Waste: includes sewage and any and all other waste substances, liquid, solid, gaseous, or radioactive, associated with human habitation, or of human or animal origin, or from any producing, manufacturing, or processing operation, including waste placed within containers of whatever nature prior to, and for purposes of, disposal. See California Water Code 13050
Wastewater certificate: means a certificate of competency issued by the state board stating that a person has met the requirements to be certified for a specific classification and grade level in the certification program. See California Water Code 13625
Wastewater treatment plant: means any of the following:
California Water Code 13625
Water quality control: means the regulation of any activity or factor which may affect the quality of the waters of the state and includes the prevention and correction of water pollution and nuisance. See California Water Code 13050
Water quality control plan: consists of a designation or establishment for the waters within a specified area of all of the following:
California Water Code 13050
Water quality objectives: means the limits or levels of water quality constituents or characteristics which are established for the reasonable protection of beneficial uses of water or the prevention of nuisance within a specific area. See California Water Code 13050
Water recycling treatment plant: means a wastewater treatment plant that further treats secondary or tertiary effluent, or both, for the purpose of meeting the uniform statewide recycling criteria established pursuant to Section 13521 for the use of recycled water. See California Water Code 13625
Waters of the state: means any surface water or groundwater, including saline waters, within the boundaries of the state. See California Water Code 13050
Weighing instrument: means any device, contrivance, apparatus, or instrument used, or designed to be used, for ascertaining weight and includes any tool, appliance, or accessory used or connected therewith. See California Business and Professions Code 12500
wholesaler: means any person who is licensed as a dealer pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code and the regulations issued pursuant thereto, who sells, transfers, or assigns firearms, or parts of firearms, to persons who are licensed as manufacturers, importers, or gunsmiths pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code, or persons licensed pursuant to Sections 26700 to 26915, inclusive, and includes persons who receive finished parts of firearms and assemble them into completed or partially completed firearms in furtherance of that purpose. See California Penal Code 17340
Wildlife: means and includes all wild animals, birds, plants, fish, amphibians, reptiles, and related ecological communities, including the habitat upon which the wildlife depends for its continued viability. See California Fish and Game Code 89.5
will: includes codicil. See California Civil Code 14
Will: includes codicil. See California Code of Civil Procedure 17
will: includes codicil. See California Penal Code 7
Working capital: means moneys to be used by, or on behalf of, a project sponsor to pay or prepay maintenance or operation expenses or any other costs that would be treated as an expense item, under generally accepted accounting principles, in connection with the ownership or operation of a project, including, but not limited to, reserves for maintenance or operation expenses, interest for a period not to exceed one year on any loan for working capital made pursuant to this division, and reserves for debt service with respect to, and any costs necessary or incidental to, that financing. See California Government Code 64102
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
Writing: includes any form of recorded message capable of comprehension by ordinary visual means. See California Financial Code 8
Writing: includes printing, typewriting, or any other intentional reduction to tangible form. See California Commercial Code 1201
Zone: means a zone formed pursuant to Chapter 5 (commencing with Section 61140) of Part 3. See California Government Code 61002

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Terms Used In California Codes > Business and Professions Code > Division 7 > Part 2 - PRESERVATION AND REGULATION OF COMPETITION

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