California Codes > Civil Code > Division 3 > Part 1 – OBLIGATIONS IN GENERAL


Title 1	DEFINITION OF OBLIGATIONS
Title 2	INTERPRETATION OF OBLIGATIONS
Title 3	TRANSFER OF OBLIGATIONS
Title 4	EXTINCTION OF OBLIGATIONS

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Terms Used In California Codes > Civil Code > Division 3 > Part 1 - OBLIGATIONS IN GENERAL

AANHPI: means Asian American, Native Hawaiian, and Pacific Islander. See California Education Code 79510
Abate: means to put an end to a public nuisance, or to reduce the degree or the intensity of a public nuisance. See California Health and Safety Code 2002
Access costs: means living expenses and expenses for transportation, supplies, technology, and books. See California Education Code 69432.7
Account: means the Dentally Underserved Account established in Section 1973, which is contained within the fund. See California Business and Professions Code 1971
Acquiring district: means a school district that has all or portions of one or more other school districts transferred into, or lapsed into, its boundaries pursuant to subdivision (b) of Section 35511 or Section 35780. See California Education Code 35514
Administrative fund: means the funds used to administer this article. See California Education Code 69980
Advisory body: means the advisory body for each individual agriculture program. See California Food and Agricultural Code 230
Agreement: includes , but is not limited to, agreements providing for valuations, appraisals, and similar proceedings and agreements between employers and employees or between their respective representatives. See California Code of Civil Procedure 1280
agriculture: includes farming in all its branches, and, among other things, includes the cultivation and tillage of the soil, dairying, the production, cultivation, growing, and harvesting of any agricultural or horticultural commodities (including commodities defined as agricultural commodities in Section 1141j(g) of Title 12 of the United States Code), the raising of livestock, bees, furbearing animals, or poultry, and any practices (including any forestry or lumbering operations) performed by a farmer or on a farm as an incident to or in conjunction with such farming operations, including preparation for market and delivery to storage or to market or to carriers for transportation to market. See California Labor Code 1140.4
Agriculture programs: means the programs specified in Section 221, Chapter 5 (commencing with Section 5301) of Division 4, Sections 6037, 6038, and 9641. See California Food and Agricultural Code 230
Alcoholic beverage: includes any liquid or solid material intended to be ingested by a person which contains ethanol, also known as ethyl alcohol, drinking alcohol, or alcohol, including, but not limited to, alcoholic beverages as defined in §. See California Vehicle Code 109
Alley: is a ny highway having a roadway not exceeding 25 feet in width which is primarily used for access to the rear or side entrances of abutting property. See California Vehicle Code 110
Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
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}
Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
Application for stay and early evaluation conference: means an application to be filed with the court that meets the requirements of subdivision (c) of Section 55. See California Civil Code 55.52
Appraisal: A determination of property value.
Apprentice public insurance adjuster: means a person who is qualified in all respects as a public adjuster, except as to experience, education, or training. See California Insurance Code 15001
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
Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
Authority: means the California Pollution Control Financing Authority. See California Health and Safety Code 44559.1
automobile driver training: shall be deemed to refer to the laboratory phase of driver education described by §. See California Vehicle Code 223
Award: includes , but is not limited to, an award made pursuant to an agreement not in writing. See California Code of Civil Procedure 1280
Award year: means one academic year, or the equivalent, of attendance at a qualifying institution. See California Education Code 69432.7
axle: is a structure or portion of a structure consisting of one or more shafts, spindles, or bearings in the same vertical transverse plane by means of which, in conjunction with wheels mounted on said shafts, spindles, or bearings, a portion of the weight of a vehicle and its load, if any, is continuously transmitted to the roadway when the vehicle is in motion. See California Vehicle Code 230
Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
Baseline: Projection of the receipts, outlays, and other budget amounts that would ensue in the future without any change in existing policy. Baseline projections are used to gauge the extent to which proposed legislation, if enacted into law, would alter current spending and revenue levels.
Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. ^{Source: OCC}
Benefits: means the payment of higher education expenses on behalf of a beneficiary by the Scholarshare trust during the beneficiary's attendance at an institution of higher education. See California Education Code 69980
Bequeath: To gift property by will.
Bequest: Property gifted by will.
bike path: is a Class I bikeway, as defined in subdivision (a) of §. See California Vehicle Code 231.5
Board: as used in this chapter means the California Horse Racing Board. See California Business and Professions Code 19700
board: as used in this chapter means the Medical Board of California. See California Business and Professions Code 2002
Board: means the Speech-Language Pathology and Audiology and Hearing Aid Dispensers Board. See California Business and Professions Code 2530.2
board: means Agricultural Labor Relations Board. See California Labor Code 1140.4
Board: means the Dental Board of California. See California Business and Professions Code 1741
Board: means the Dental Board of California. See California Business and Professions Code 1971
Board: means the Scholarshare Investment Board established pursuant to subparagraph (B) of paragraph (2) of subdivision (a) of Section 69984. See California Education Code 69980
Board: means the Scholarshare Investment Board established pursuant to subparagraph (B) of paragraph (2) of subdivision (a) of Section 69984. See California Education Code 69999.8
Board of trustees: means the legislative body of a district. See California Health and Safety Code 2002
Borello: means the California Supreme Court's decision in…. See California Labor Code 2775
Brand guarantor: means any person contracting for the performance of garment manufacturing, regardless of whether the person with whom they contract performs the manufacturing operations or hires contractors or subcontractors to perform the manufacturing operations, which include sewing, cutting, making, processing, repairing, finishing, assembling, dyeing, altering a garment's design, causing another person to alter a garment's design, affixing a label on a garment, or otherwise preparing any garment or any article of wearing apparel or accessories designed or intended to be worn by any individual, including, but not limited to, clothing, hats, gloves, handbags, hosiery, ties, scarfs, and belts, for sale or resale and other operations and practices in the apparel industry as may be identified in regulations of the Department of Industrial Relations consistent with the purposes of this part. See California Labor Code 2671
bus: is a ny vehicle, including a trailer bus, designed, used, or maintained for carrying more than 15 persons including the driver. See California Vehicle Code 233
business: includes a proprietorship, partnership, corporation, and any other form of commercial enterprise. See California Vehicle Code 234
California Capital Access Fund: means a fund created within the authority to be used for purposes of the program. See California Health and Safety Code 44559.1
CalWORKs recipient: means a recipient of aid under Chapter 2 (commencing with Section 11200) of Part 3 of Division 9 of . See California Education Code 79200
camper: is a structure designed to be mounted upon a motor vehicle and to provide facilities for human habitation or camping purposes. See California Vehicle Code 243
candidate: includes any officeholder who is subject to a recall election. See California Elections Code 305
Car washing and polishing: means washing, cleaning, drying, polishing, detailing, servicing, or otherwise providing cosmetic care to vehicles. See California Labor Code 2051
Case law: The law as laid down in cases that have been decided in the decisions of the courts.
CASp: means any person who has been certified pursuant to §. See California Civil Code 55.52
Catastrophic disaster: means an event that results in large numbers of deaths and injuries. See California Insurance Code 15001
Caucus: From the Algonquian Indian language, a caucus meant "to meet together." An informal organization of members of the legislature that exists to discuss issues of mutual concern and possibly to perform legislative research and policy planning for its members. There are regional, political or ideological, ethnic, and economic-based caucuses.
certificate: as used in this chapter are deemed to be synonomous. See California Business and Professions Code 2040
Chambers: A judge's office.
Charity: An agency, institution, or organization in existence and operating for the benefit of an indefinite number of persons and conducted for educational, religious, scientific, medical, or other beneficent purposes.
City: means any city, whether general law or chartered, including a city and county, and including any city the name of which includes the word "town. See California Health and Safety Code 2002
City: includes every city and city and county within this State. See California Vehicle Code 255
Clearly and conspicuously: means in a font no smaller than boldface, 14-point type, clearly separate from any other language on the page. See California Business and Professions Code 22598
Clerk: means the county elections official, registrar of voters, city clerk, or other officer or board charged with the duty of conducting any election. See California Elections Code 307
Closed: means that the terminal is not open or available to receive equipment. See California Business and Professions Code 22928
Commission: means the Student Aid Commission. See California Education Code 69432.7
commission: means the Student Aid Commission. See California Education Code 69618
commission: means the Student Aid Commission created by this article. See California Education Code 69515
Commissioner: means the Insurance Commissioner. See California Insurance Code 14001
Commissioner: means the Insurance Commissioner. See California Insurance Code 15001
Commissioner: means the Labor Commissioner. See California Labor Code 2671
Commissioner: means the Labor Commissioner. See California Labor Code 2051
Commissioner: means any county agricultural commissioner. See California Food and Agricultural Code 26
Commissioner: means the Insurance Commissioner of this State. See California Insurance Code 20
commissioner: means a member of the commission. See California Public Utilities Code 20
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 college: means a college of the California Community College system. See California Education Code 79510
Community of interest: means a continuing financial interest between the grantor and grantee in either the operation of the dealership or the marketing of goods or services. See California Civil Code 81
Compensation: means payment for all or part, as determined by the commission, of reasonable advocate's fees, reasonable expert witness fees, and other reasonable costs of preparation for and participation in a proceeding, and includes the fees and costs of obtaining an award under this article and of obtaining judicial review, if any. See California Public Utilities Code 1802
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 81130.5
Construction-related accessibility claim: means any civil claim in a civil action with respect to a place of public accommodation, including, but not limited to, a claim brought under Section 51, 54, 54. See California Civil Code 55.52
Construction-related accessibility standard: means a provision, standard, or regulation under state or federal law requiring compliance with standards for making new construction and existing facilities accessible to persons with disabilities, including, but not limited to, any provision, standard, or regulation set forth in Section 51, 54, 54. See California Civil Code 55.52
Container: as used in this chapter , includes a "milk case. See California Food and Agricultural Code 34504
Continuance: Putting off of a hearing ot trial until a later time.
Contractor: includes a subcontractor that is primarily engaged in those operations. See California Labor Code 2671
Control: means to prevent or reduce vectors. See California Health and Safety Code 2002
Controversy: means any question arising between parties to an agreement whether the question is one of law or of fact or both. See California Code of Civil Procedure 1280
Conviction: A judgement of guilt against a criminal defendant.
Counterclaim: A claim that a defendant makes against a plaintiff.
County: includes "city and county. See California Code of Civil Procedure 17
County: includes city and county. See California Food and Agricultural Code 29
County: includes "city and county. See California Insurance Code 14
County: includes "city and county. See California Public Resources Code 14
County: includes every county and city and county within this State. See California Vehicle Code 270
County: includes "city and county. See California Welfare and Institutions Code 14
County office: means the office filled by any county officer. See California Elections Code 313
Court reporter: A person who makes a word-for-word record of what is said in court and produces a transcript of the proceedings upon request.
Credit report: A detailed report of an individual's credit history prepared by a credit bureau and used by a lender in determining a loan applicant's creditworthiness. ^{Source: OCC}
Credit Score: A number, roughly between 300 and 800, that measures an individual's credit worthiness. The most well-known type of credit score is the FICO score. This score represents the answer from a mathematical formula that assigns numerical values to various pieces of information in your credit report. ^{Source: OCC}
creditor: means the state or the department or agency of the state seeking to collect the liability. See California Code of Civil Procedure 688.040
Customer: means any of the following:
California Public Utilities Code 1802
Darkness: is a ny time from one-half hour after sunset to one-half hour before sunrise and any other time when visibility is not sufficient to render clearly discernible any person or vehicle on the highway at a distance of 1,000 feet. See California Vehicle Code 280
Dealer: means a person who is a grantee of a dealership situated in this state. See California Civil Code 81
Dealer: is a person not otherwise expressly excluded by Section 286 who:
California Vehicle Code 285
Dealership: means a contract or agreement, either express or implied, whether oral or written, between two or more persons, by which a person is granted the right to sell or distribute goods or services, or to use a trade name, trademark, service mark, logotype, or advertising or other commercial symbol, in which there is a community of interest in the business of offering, selling, or distributing goods or services at wholesale, or at retail, by lease, agreement, or otherwise. See California Civil Code 81
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.
Deed: The legal instrument used to transfer title in real property from one person to another.
Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
demurrage: means a charge imposed by an intermodal marine container provider or marine terminal operator for late return or pickup of an empty or a loaded intermodal container. See California Business and Professions Code 22928
Dentally underserved area: means a geographic area eligible to be designated as having a shortage of dental professionals pursuant to Part I of Appendix B to Part 5 of Chapter 1 of Title 42 of the Code of Federal Regulations or an area of the state in which unmet priority needs for dentists exist as determined by the California Healthcare Workforce Policy Commission pursuant to §. See California Business and Professions Code 1971
Dentally underserved population: means persons without dental insurance and persons eligible for Denti-Cal who are population groups described as having a shortage of dental care professionals in Part I of Appendix B to Part 5 of Chapter 1 of Title 42 of the Code of Federal Regulations. See California Business and Professions Code 1971
Department: means the Department of Consumer Affairs. See California Business and Professions Code 22702
Department: means the State Department of Health Services. See California Health and Safety Code 2002
Department: means the Department of Insurance. See California Insurance Code 14001
Department: means the Department of Insurance. See California Insurance Code 15001
Department: means the Department of Industrial Relations. See California Labor Code 1286
department: means the State Department of Health Services. See California Welfare and Institutions Code 14062
Department: means the Department of Food and Agriculture. See California Food and Agricultural Code 32
Department: means Department of Industrial Relations. See California Labor Code 19
Department: means the Department of Motor Vehicles except, when used in Chapter 2 (commencing with Section 2100) of Division 2 and in Divisions 11 (commencing with Section 21000), 12 (commencing with Section 24000), 13 (commencing with Section 29000), 14 (commencing with Section 31600), 14. See California Vehicle Code 290
Dependent: A person dependent for support upon another.
Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
Digital signature: means an electronic identifier, created by computer, intended by the party using it to have the same force and effect as the use of a manual signature. See California Government Code 16.5
Direct supervision: means supervision of dental procedures based on instructions given by a licensed dentist, who must be physically present in the treatment facility during the performance of those procedures. See California Business and Professions Code 1741
Director: means the Director of Industrial Relations or the director's designee. See California Labor Code 1286
Director: means Director of Industrial Relations. See California Labor Code 20
disabled person: is a ny of the following:
California Vehicle Code 295.5
Dismissal: The dropping of a case by the judge without further consideration or hearing. ^Source:
dispensing audiologist: is a person who is authorized to sell hearing aids pursuant to their audiology license. See California Business and Professions Code 2530.2
District: means any mosquito abatement and vector control district created pursuant to this chapter or any of its statutory predecessors. See California Health and Safety Code 2002
District: as used in this chapter , means any pest abatement district formed pursuant to this chapter or pursuant to any law which it supersedes. See California Health and Safety Code 2802
Districts: means school districts of every kind or class. See California Education Code 35514
Divert equipment: means the motor carrier has been directed to return the equipment to a location different from the location where the equipment was picked up by the motor carrier. See California Business and Professions Code 22928
Divided district: means a school district that has had a portion of its territory become part of a new school district or transferred into one or more other school districts by an action to reorganize taken pursuant to Section 35511. See California Education Code 35514
Division of Licensing: shall be deemed to refer to the board. See California Business and Professions Code 2002
Docket: A log containing brief entries of court proceedings.
Domestic work: means services related to the care of persons in private households or maintenance of private households or their premises. See California Labor Code 1451
Domestic work employee: means an individual who performs domestic work and includes live-in domestic work employees and personal attendants. See California Labor Code 1451
Domestic work employer: means a person, including corporate officers or executives, who directly or indirectly, or through an agent or any other person, including through the services of a third-party employer, temporary service, or staffing agency or similar entity, employs or exercises control over the wages, hours, or working conditions of a domestic work employee. See California Labor Code 1451
Donee: The recipient of a gift.
Donor: The person who makes a gift.
driver: is a person who drives or is in actual physical control of a vehicle. See California Vehicle Code 305
drug: means any substance or combination of substances, other than alcohol, which could so affect the nervous system, brain, or muscles of a person as to impair, to an appreciable degree, his ability to drive a vehicle in the manner that an ordinarily prudent and cautious man, in full possession of his faculties, using reasonable care, would drive a similar vehicle under like conditions. See California Vehicle Code 312
Dynamex: means Dynamex Operations W. See California Labor Code 2775
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
electric bicycle: is a bicycle equipped with fully operable pedals and an electric motor of less than 750 watts. See California Vehicle Code 312.5
electrically motorized board: is a ny wheeled device that has a floorboard designed to be stood upon when riding that is not greater than 60 inches deep and 18 inches wide, is designed to transport only one person, and has an electric propulsion system averaging less than 1,000 watts, the maximum speed of which, when powered solely by a propulsion system on a paved level surface, is no more than 20 miles per hour. See California Vehicle Code 313.5
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
Eligible local government entity: means a city, county, or city and county that is not a publicly owned public utility that intervenes or participates in a commission proceeding for the purpose of protecting the health and safety of the residents within the entity's jurisdiction following a catastrophic material loss suffered by its residents either in significant damage to infrastructure or loss of life and property, or both, as a direct result of public utility infrastructure. See California Public Utilities Code 1802
Emergency condition: means the existence of either of the following:
California Labor Code 1139
employee: shall mean one engaged in agriculture, as such term is defined in subdivision (a). See California Labor Code 1140.4
Employee: means any person, including a minor or a person who is not a citizen or national of the United States, who renders actual car washing and polishing services in any business for an employer, whether for tips or for wages, and whether wages are calculated by time, piece, task, commission, or other method of calculation, and whether the services are rendered on a commission, concessionaire, or other basis. See California Labor Code 2051
employees: means the employees of the fire departments and fire services of the State, counties, cities, cities and counties, districts, and other political subdivisions of the State. See California Labor Code 1961
employees: includes furloughed, pensioned, and superannuated employees of any common carrier subject to the provisions of this part, persons who have become disabled or infirm in the service of any such carrier, ex-employees traveling for the purpose of entering the service of any such carrier, and the remains of persons dying while in the employment of any such carrier. See California Public Utilities Code 521
Employer: means any individual, partnership, corporation, limited liability company, joint venture, or association engaged in the business of car washing and polishing that engages any other individual in providing those services. See California Labor Code 2051
Energy Commission: means the State Energy Resources Conservation and Development Commission. See California Public Utilities Code 20
Engineering and traffic survey: as used in this code , means a survey of highway and traffic conditions in accordance with methods determined by the Department of Transportation for use by state and local authorities. See California Vehicle Code 627
Entertainment industry: means motion pictures of any type, including, but not limited to, film or videotape, using any format, including, but not limited to, theatrical film, commercial, documentary, or television program, by any medium, including, but not limited to, theater, television, or videocassette. See California Labor Code 1286
EPAMD: means a self-balancing, nontandem two-wheeled device, that is not greater than 20 inches deep and 25 inches wide and can turn in place, designed to transport only one person, with an electric propulsion system averaging less than 750 watts (1 horsepower), the maximum speed of which, when powered solely by a propulsion system on a paved level surface, is no more than 12. See California Vehicle Code 313
Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
Ex officio: Literally, by virtue of one's office.
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 director: means the Executive Director of the California Pollution Control Financing Authority. See California Health and Safety Code 44559.1
Executive director: means the administrator of the Scholarshare trust appointed by the board to administer and manage the Scholarshare trust. See California Education Code 69980
Executor: A male person named in a will to carry out the decedent
Expert witness fees: means recorded or billed costs incurred by a customer for an expert witness. See California Public Utilities Code 1802
extramural dental facility: means any clinical facility that has contracted with an approved dental hygiene educational program for instruction in dental hygiene, that exists outside or beyond the walls, boundaries, or precincts of the primary campus of the approved program, and in which dental hygiene services are rendered. See California Business and Professions Code 1942
Factory-built housing: is a structure as defined in §. See California Vehicle Code 321
Fair Credit Reporting Act: A federal law, established in 1971 and revised in 1997, that gives consumers the right to see their credit records and correct any mistakes. ^{Source: OCC}
families: includes the families of such persons and the families of persons killed, and the surviving spouses until remarried and minor children during minority of persons who died while in the service of any such carrier. See California Public Utilities Code 521
Federal Deposit Insurance Corporation: A government corporation that insures the deposits of all national and state banks that are members of the Federal Reserve System. ^{Source: OCC}
Federal Reserve System: The central bank of the United States. The Fed, as it is commonly called, regulates the U.S. monetary and financial system. The Federal Reserve System is composed of a central governmental agency in Washington, D.C. (the Board of Governors) and twelve regional Federal Reserve Banks in major cities throughout the United States. ^{Source: OCC}
Fee: shall mean (1) the difference between the amount received by a labor contractor and the amount paid out by him or her to persons employed to render personal services to, for or under the direction of a third person. See California Labor Code 1682
Fiduciary: A trustee, executor, or administrator.
Finance charge: The total cost of credit a customer must pay on a consumer loan, including interest. The Truth in Lending Act requires disclosure of the finance charge. ^{Source: OCC}
Financial institution: means a federal- or state-chartered bank, savings association, credit union, not-for-profit community development financial institution certified under Part 1805 (commencing with Section 1805. See California Health and Safety Code 44559.1
Fingerprints: means an impression of the lines on the finger taken for the purposes of identification. See California Insurance Code 15001
Firearm accessory: means an attachment or device designed or adapted to be inserted into, affixed onto, or used in conjunction with, a firearm which is designed, intended, or functions to alter or enhance the firing capabilities of a firearm, the lethality of the firearm, or a shooter's ability to hold, carry, or use a firearm. See California Business and Professions Code 22949.80
Firearm industry member: means any of the following:
California Business and Professions Code 22949.80
Firearm-related product: means a firearm, ammunition, reloaded ammunition, a firearm precursor part, a firearm component, or a firearm accessory that meets any of the following conditions:
California Business and Professions Code 22949.80
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).
Food delivery platform: means an online business that acts as an intermediary between consumers and multiple food facilities to submit food orders from a consumer to a participating food facility, and to arrange for the delivery of the order from the food facility to the consumer. See California Business and Professions Code 22598
Food facility: means a food facility, as defined in §. See California Business and Professions Code 22598
for hire: means that the entity providing transportation services is compensated for the transportation under contract or agreement. See California Vehicle Code 462
Forbearance: A means of handling a delinquent loan. A
foreign jurisdiction: is a ny other state, the District of Columbia, territories or possessions of the United States, and foreign states, provinces, or countries. See California Vehicle Code 325
forge: means forge, reproduce, copy, imitate, or counterfeit. See California Labor Code 1013
Forgery: The fraudulent signing or alteration of another's name to an instrument such as a deed, mortgage, or check. The intent of the forgery is to deceive or defraud. ^{Source: OCC}
Former district: means a school district that has been wholly included in another school district, or has had all of its territory made part of two or more other school districts, through any action taken pursuant to Section 35511 or through a lapsation pursuant to Section 35780. See California Education Code 35514
Forwarded call: means a communication made by a consumer and intended for a food facility, by telephone call or other means of communication, that has been routed by a food delivery platform, or a routing service under the direction of the food delivery platform, to the intended food facility. See California Business and Professions Code 22598
franchise: is a written agreement between two or more persons having all of the following conditions:
California Vehicle Code 331
Free time: means the time period offered by the intermodal marine container provider free of charge, beyond which additional charges, including per diem, detention, demurrage, extended dwell, or charges of a similar kind or character, are to be applied. See California Business and Professions Code 22928
Freeway: is a highway in respect to which the owners of abutting lands have no right or easement of access to or from their abutting lands or in respect to which such owners have only limited or restricted right or easement of access. See California Vehicle Code 332
Fund: means the State Dentistry Fund. See California Business and Professions Code 1971
garage: is a building or other place wherein the business of storing or safekeeping vehicles of a type required to be registered under this code and which belong to members of the general public is conducted for compensation. See California Vehicle Code 340
Garment manufacturing: means sewing, cutting, making, processing, repairing, finishing, assembling, dyeing, altering a garment's design, causing another person to alter a garment's design, affixing a label to a garment, or otherwise preparing any garment or any article of wearing apparel or accessories designed or intended to be worn by any individual, including, but not limited to, clothing, hats, gloves, handbags, hosiery, ties, scarfs, and belts, for sale or resale by any person or any persons contracting to have those operations performed and other operations and practices in the apparel industry as may be identified in regulations of the Department of Industrial Relations consistent with the purposes of this part. See California Labor Code 2671
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 supervision: means supervision of dental procedures based on instructions given by a licensed dentist but not requiring the physical presence of the supervising dentist during the performance of those procedures. See California Business and Professions Code 1741
Germane: On the subject of the pending bill or other business; a strict standard of relevance.
golf cart: is a motor vehicle having not less than three wheels in contact with the ground, having an unladen weight less than 1,300 pounds, which is designed to be and is operated at not more than 15 miles per hour and designed to carry golf equipment and not more than two persons, including the driver. See California Vehicle Code 345
Grace period: The number of days you'll have to pay your bill for purchases in full without triggering a finance charge. ^{Source: Federal Reserve}
Grant: means a sale, lease, or transfer of any kind. See California Civil Code 81
Grantor: The person who establishes a trust and places property into it.
Greenhouse: means a structure covered with transparent or translucent materials for the purpose of admitting natural light and controlling the atmosphere for growing plants, including floricultural, ornamental, or other nursery and agricultural products. See California Food and Agricultural Code 33
Guarantor: A party who agrees to be responsible for the payment of another party's debts should that party default. ^{Source: OCC}
Hearing aid dispenser: as used in this article , means a person engaged in the practice of fitting or selling hearing aids to an individual with impaired hearing. See California Business and Professions Code 2538.14
high school grade point average: includes senior year coursework. See California Education Code 69432.7
Highway: is a way or place of whatever nature, publicly maintained and open to the use of the public for purposes of vehicular travel. See California Vehicle Code 360
Home state: means the District of Columbia and any state or territory of the United States in which the public insurance adjuster's principal place of residence or principal place of business is located. See California Insurance Code 15001
Horticultural: includes the curing and drying but not the canning of all varieties of fruit. See California Labor Code 1390
hosting platform: means a marketplace that is created for the primary purpose of facilitating the rental of a residential unit offered for occupancy for tourist or transient use for compensation to the offeror of that unit, and the operator of the hosting platform derives revenues, including booking fees or advertising revenues, from providing or maintaining that marketplace. See California Business and Professions Code 22590
house car: is a motor vehicle originally designed, or permanently altered, and equipped for human habitation, or to which a camper has been permanently attached. See California Vehicle Code 362
immediate family: means an individual's spouse and minor dependent children and any other person over which the individual has legal control. See California Welfare and Institutions Code 14478
Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. ^{Source: FDIC}
Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
institution: means a campus of the University of California, the California State University, or the California Community Colleges. See California Education Code 69950
instruction: includes classroom driver education, in-vehicle driver training, and correspondence study. See California Vehicle Code 310.6
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}
Intermodal marine container provider: means the entity authorizing delivery or receipt of physical possession of the container with a motor carrier, beneficial cargo owner, or other intermediary. See California Business and Professions Code 22928
Intermodal marine terminal: means a marine terminal that engages in discharging or receiving equipment owned, operated, or controlled by an equipment provider. See California Business and Professions Code 22928
Intestate: Dying without leaving a will.
Investment management: means the functions performed by a manager contracted to perform functions delegated by the board. See California Education Code 69980
Investment manager: means a manager contracted to perform functions delegated by the board. See California Education Code 69980
Joint meeting: An occasion, often ceremonial, when the House and Senate each adopt a unanimous consent agreement
Judicial office: means the office filled by any judicial officer. See California Elections Code 326
jurisdictional strike: means a concerted refusal to perform work for an employer or any other concerted interference with an employer's operation or business, arising out of a controversy between two or more labor organizations as to which of them has or should have the exclusive right to bargain collectively with an employer on behalf of his employees or any of them, or arising out of a controversy between two or more labor organizations as to which of them has or should have the exclusive right to have its members perform work for an employer. See California Labor Code 1118
Jurisprudence: The study of law and the structure of the legal system.
Juror: A person who is on the jury.
label: includes label, imprint, trade-mark, tag, stamp, inscription, or other device. See California Labor Code 1010
Labor Commissioner: means the Chief of the Division of Labor Standards Enforcement, or the chief's deputies or agents, who shall have the authority to conduct informal hearings and determine the amount of civil penalties in accordance with this chapter. See California Labor Code 1286
Labor Commissioner: means Chief of the Division of Labor Standards Enforcement. See California Labor Code 21
labor dispute: as used in this chapter has the same meaning as set forth in clauses (i), (ii), and (iii) of paragraph (4) of subdivision (b) of Section 527. See California Labor Code 1138.4
labor dispute: includes any controversy concerning terms, tenure, or conditions of employment, or concerning the association or representation of persons in negotiating, fixing, maintaining, changing, or seeking to arrange terms or conditions of employment, regardless of whether the disputants stand in the proximate relation of employer and employee. See California Labor Code 1140.4
labor organization: means any organization of any kind, or any agency or employee representation committee or plan, in which employees participate and which exists, in whole or in part, for the purpose of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours of employment, or conditions of work for agricultural employees. See California Labor Code 1140.4
land leveling: shall include only major land moving operations changing the contour of the land, but shall not include annual or seasonal tillage or preparation of land for cultivation. See California Labor Code 1140.4
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.
legal owner: is a person holding a security interest in a vehicle which is subject to the provisions of the Uniform Commercial Code, or the lessor of a vehicle to the State or to any county, city, district, or political subdivision of the State, or to the United States, under a lease, lease-sale, or rental-purchase agreement which grants possession of the vehicle to the lessee for a period of 30 consecutive days or more. See California Vehicle Code 370
legislative body: means board of trustees, city council, or other governing body of a city. See California Government Code 34000
Lessor: includes "bailor" and "lease" includes "bailment. See California Vehicle Code 372
License: means any agency permit, certificate, approval, registration, or charter that is required by law and that is issued by any agency for the purposes of operating a business in this state and that is specific to the business location or locations where the unfair immigration-related practice occurred. See California Labor Code 1019
License: means a license issued by the Labor Commissioner to carry on the business, activities, or operations of a farm labor contractor under this chapter. See California Labor Code 1682
licensee: as used in this chapter means the holder of a physician's and surgeon's certificate or doctor of podiatric medicine's certificate, as the case may be, who is engaged in the professional practice authorized by the certificate under the jurisdiction of the appropriate board. See California Business and Professions Code 2041
Licensee: means a person licensed under this chapter. See California Insurance Code 14001
Licensee: means a person licensed under this chapter. See California Insurance Code 15001
Licensee: means a farm labor contractor who holds a valid and unrevoked license under this chapter. See California Labor Code 1682
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
Lighting equipment: is a ny of the following lamps or devices:
California Vehicle Code 375
Lineal descendant: Direct descendant of the same ancestors.
Listing website: means an internet website or application that lists, or produces through search results, telephone numbers associated with food facilities, and that has 100,000,000 or more unique monthly visitors. See California Business and Professions Code 22598
Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
Local authorities: means the legislative body of every county or municipality having authority to adopt local police regulations. See California Vehicle Code 385
Loss reserve account: means an account in the State Treasury or any financial institution that is established and maintained by the authority for the benefit of a financial institution participating in the Capital Access Loan Program established pursuant to this article for the purposes of the following:
California Health and Safety Code 44559.1
low-speed vehicle: is a motor vehicle that meets all of the following requirements:
California Vehicle Code 385.5
Majority leader: see Floor Leaders
Manager: means the individual under whose direction, control, charge, or management the business of a licensee is operated. See California Insurance Code 14001
Manufactured home: is a manufactured home, as defined in §. See California Vehicle Code 387
manufacturer: means any person who is engaged in garment manufacturing who is not a contractor. See California Labor Code 2671
Marketing or advertising: means , in exchange for monetary compensation, to make a communication to one or more individuals, or to arrange for the dissemination to the public of a communication, about a product, the primary purpose of which is to encourage recipients of the communication to engage in a commercial transaction. See California Business and Professions Code 22949.80
Maximum household income and asset levels: means the applicable household income and household asset levels for participants, including new applicants and renewing recipients, in the Cal Grant Program, as defined and adopted in regulations by the commission for the 2001-02 academic year, which shall be set pursuant to the following income and asset ceiling amounts:
California Education Code 69432.7
Medi-Cal: means the California Medical Assistance Program. See California Welfare and Institutions Code 14063
Medi-Cal threshold languages: means primary languages spoken by limited-English-proficient (LEP) population groups meeting a numeric threshold of 3,000 eligible LEP Medi-Cal beneficiaries residing in a county, 1,000 Medi-Cal eligible LEP beneficiaries residing in a single ZIP Code, or 1,500 LEP Medi-Cal beneficiaries residing in two contiguous ZIP Codes. See California Business and Professions Code 1971
Meets applicable standards: means the site was inspected by a CASp and determined to meet all applicable construction-related accessibility standards pursuant to paragraph (1) of subdivision (a) of Section 55. See California Civil Code 55.52
Minor: means a natural person under 18 years of age who resides in this state. See California Business and Professions Code 22949.80
Minor: means any person under the age of 18 years who is required to attend school under Chapter 2 (commencing with Section 48200) and Chapter 3 (commencing with Section 48400) of Part 27 of Division 4 of Title 2 of . See California Labor Code 1286
mobile billboard advertising display: means an advertising display that is attached to a mobile, nonmotorized vehicle, device, or bicycle, that carries, pulls, or transports a sign or billboard, and is for the primary purpose of advertising. See California Vehicle Code 395.5
Mobilehome: is a structure as defined in §. See California Vehicle Code 396
moped: is a two-wheeled or three-wheeled device having fully operative pedals for propulsion by human power, or having no pedals if powered solely by electrical energy, and an automatic transmission and a motor that produces less than 4 gross brake horsepower and is capable of propelling the device at a maximum speed of not more than 30 miles per hour on level ground. See California Vehicle Code 406
Mortgagee: The person to whom property is mortgaged and who has loaned the money.
Mortgagor: The person who pledges property to a creditor as collateral for a loan and who receives the money.
motor vehicle: includes a recreational vehicle as that term is defined in subdivision (a) of §. See California Vehicle Code 415
motor-driven cycle: is a ny motorcycle with a motor that displaces less than 150 cubic centimeters. See California Vehicle Code 405
motorcycle: is a motor vehicle having a seat or saddle for the use of the rider, designed to travel on not more than three wheels in contact with the ground. See California Vehicle Code 400
motorized quadricycle: is a four-wheeled device, and a "motorized tricycle" is a three-wheeled device, designed to carry not more than two persons, including the driver, and having either an electric motor or a motor with an automatic transmission developing less than two gross brake horsepower and capable of propelling the device at a maximum speed of not more than 30 miles per hour on level ground. See California Vehicle Code 407
motorized scooter: is a ny two-wheeled device that has handlebars, has either a floorboard that is designed to be stood upon when riding or a seat and footrests in place of the floorboard, and is powered by an electric motor. See California Vehicle Code 407.5
motortruck: is a motor vehicle designed, used, or maintained primarily for the transportation of property. See California Vehicle Code 410
muffler: is a device consisting of a series of chambers or baffle plates, or other mechanical design, for the purpose of receiving exhaust gas from an internal combustion engine, and effective in reducing noise. See California Vehicle Code 425
National Credit Union Administration: The federal regulatory agency that charters and supervises federal credit unions. (NCUA also administers the National Credit Union Share Insurance Fund, which insures the deposits of federal credit unions.) ^{Source: OCC}
Neutral arbitrator: means an arbitrator who is (1) . See California Code of Civil Procedure 1280
New district: means a school district that is formed from all or portions of one or more other school districts by an action to reorganize taken pursuant to subdivision (a) of Section 35511. See California Education Code 35514
no significant amount of work: means work other than the foregoing did not exceed 20 percent of the total weekly hours worked. See California Labor Code 1451
Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
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
Nomination documents: means declaration of candidacy and nomination papers. See California Elections Code 333
Nonpartisan office: means an office, except for a voter-nominated office, for which no party may nominate a candidate. See California Elections Code 334
nonrepairable vehicle: is a vehicle of a type otherwise subject to registration that meets the criteria specified in subdivision (a), (b), or (c). See California Vehicle Code 431
nonrepairable vehicle certificate: is a vehicle ownership document issued to the owner of a nonrepairable vehicle. See California Vehicle Code 432
nonresident: means a person who is not a resident of this state at the time of the performance of the act referred to in Section 15045. See California Insurance Code 15052
Oath: A promise to tell the truth.
Oath: includes affirmation. See California Labor Code 16
Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
offsite building: is a building that is situated on land that is neither owned by a community college district nor leased by a community college district under a lease containing an option to purchase the land. See California Education Code 81130.5
offsite building: is a building which is situated on land which is neither owned by a community college district nor leased by a community college district under a lease containing an option to purchase the land. See California Education Code 81160
Online order: means an order for food or beverage placed by a customer through or with the assistance of a food delivery platform, including, but not limited to, a telephone order, for delivery. See California Business and Professions Code 22598
Operator: means a person who operates a solid waste facility. See California Public Resources Code 44201
Oral argument: An opportunity for lawyers to summarize their position before the court and also to answer the judges' questions.
Original district: means a school district as it existed before an action to reorganize pursuant to Section 35511 or before an action to lapse a school district pursuant to Section 35780. See California Education Code 35514
Other reasonable costs: means reasonable out-of-pocket expenses directly incurred by a customer that are directly related to the contentions or recommendations made by the customer that resulted in a substantial contribution. See California Public Utilities Code 1802
Outlays: Outlays are payments made (generally through the issuance of checks or disbursement of cash) to liquidate obligations. Outlays during a fiscal year may be for payment of obligations incurred in prior years or in the same year.
Owner: means a person who owns a solid waste facility. See California Public Resources Code 44201
owner: is a person having all the incidents of ownership, including the legal title of a vehicle whether or not such person lends, rents, or creates a security interest in the vehicle. See California Vehicle Code 460
Participant: means an individual, trust, estate, partnership, association, company or corporation, a custodian under the California Uniform Transfers to Minors Act (Part 9 (commencing with Section 3900) of Division 4 of . See California Education Code 69980
Participating financial institution: means a financial institution that has been approved by the authority to enroll qualified loans in the program and has agreed to all terms and conditions set forth in this article and as may be required by any applicable federal law providing matching funding. See California Health and Safety Code 44559.1
Participation agreement: means an agreement between a participant and the Scholarshare trust, pursuant to this article. See California Education Code 69980
Party: means any interested party, respondent public utility, or commission staff in a hearing or proceeding. See California Public Utilities Code 1802
Party: means a political party or organization that has qualified for participation in any primary or presidential general election. See California Elections Code 338
Party to the arbitration: means a party to the arbitration agreement, including any of the following:
California Code of Civil Procedure 1280
passenger vehicle: is a ny motor vehicle, other than a motortruck, truck tractor, or a bus, as defined in Section 233, and used or maintained for the transportation of persons. See California Vehicle Code 465
Passive real estate ownership: means ownership of real estate for the purpose of deriving income from speculation, trade, or rental, but does not include any of the following:
California Health and Safety Code 44559.1
Pedestrian: includes a person who is operating a self-propelled wheelchair, motorized tricycle, or motorized quadricycle and, by reason of physical disability, is otherwise unable to move about as a pedestrian, as specified in subdivision (a). See California Vehicle Code 467
Pedicab: means any of the following:
California Vehicle Code 467.5
Person: means a natural person, partnership, joint venture, corporation, limited liability company, or other entity. See California Civil Code 81
Person: means any individual, partnership, corporation, limited liability company, or other organization or combination thereof, except that only individuals can be licensed under this chapter. See California Business and Professions Code 2530.2
Person: includes any individual, firm, company, association, organization, partnership, limited liability company, and corporation. See California Insurance Code 15001
Person: includes any individual, firm, partnership, association, limited liability company, or corporation. See California Labor Code 1682
Person: means any individual, partnership, corporation, limited liability company, or association, and includes, but is not limited to, employers, manufacturers, jobbers, wholesalers, contractors, subcontractors, and any other person or entity engaged in the business of garment manufacturing. See California Labor Code 2671
person: shall mean one or more individuals, corporations, partnerships, limited liability companies, associations, legal representatives, trustees in bankruptcy, receivers, or any other legal entity, employer, or labor organization having an interest in the outcome of a proceeding under this part. See California Labor Code 1140.4
Person: includes a corporation as well as a natural person. See California Code of Civil Procedure 17
Person: means any individual, partnership, association, corporation, limited liability company, or any organized group of persons whether incorporated or not. See California Food and Agricultural Code 38
Person: 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 natural person, firm, copartnership, association, limited liability company, or corporation. See California Vehicle Code 470
Personal attendant: means any person employed by a private householder or by any third-party employer recognized in the health care industry to work in a private household, to supervise, feed, or dress a child, or a person who by reason of advanced age, physical disability, or mental deficiency needs supervision. See California Labor Code 1451
Personal property: includes money, goods, chattels, things in action, and evidences of debt. See California Code of Civil Procedure 17
Pest: as used in this chapter , includes any plant, animal, insect, fish, or other matter or material, not under human control, which is offensive to the senses or interferes with the comfortable enjoyment of life, or which is detrimental to the agricultural industry of the State, and is not protected under any other provision of law. See California Health and Safety Code 2800
Phototherapy device: means equipment that emits ultraviolet radiation used by a health care professional in the treatment of disease. See California Business and Professions Code 22702
Plaintiff: The person who files the complaint in a civil lawsuit.
Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
podiatric medicine: means the diagnosis, medical, surgical, mechanical, manipulative, and electrical treatment of the human foot, including the ankle and tendons that insert into the foot and the nonsurgical treatment of the muscles and tendons of the leg governing the functions of the foot. See California Business and Professions Code 2472
Practice of fitting or selling hearing aids: as used in this article , means those practices used for the purpose of selection and adaptation of hearing aids, including direct observation of the ear, testing of hearing in connection with the fitting and selling of hearing aids, taking of ear mold impressions, fitting or sale of hearing aids, and any necessary postfitting counseling. See California Business and Professions Code 2538.11
Practice setting: means either of the following:
California Business and Professions Code 1971
Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
Primary election: includes all primary nominating elections provided for by this code. See California Elections Code 341
Principal county: means the county having all or the greater portion of the entire assessed value, as shown on the last equalized assessment roll of the county or counties, of all taxable property within a district at the time of formation. See California Health and Safety Code 2002
Private road or driveway: is a way or place in private ownership and used for vehicular travel by the owner and those having express or implied permission from the owner but not by other members of the public. See California Vehicle Code 490
Probable cause: A reasonable ground for belief that the offender violated a specific law.
Probation officers: Screen applicants for pretrial release and monitor convicted offenders released under court supervision.
Proceeding: means an application, complaint, or investigation, rulemaking, alternative dispute resolution procedures in lieu of formal proceedings as may be sponsored or endorsed by the commission, or other formal proceeding before the commission. See California Public Utilities Code 1802
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 California Dental Corps Loan Repayment Program. See California Business and Professions Code 1971
Program: means the Capital Access Loan Program created pursuant to this article. See California Health and Safety Code 44559.1
program: means the California Dreamer Service Incentive Grant Program established by this section. See California Education Code 69438
Program: means the Learning-Aligned Employment Program created pursuant to this article. See California Education Code 69950
Program: means the AANHPI Student Achievement Program established pursuant to this article. See California Education Code 79510
program: means a NextUp program as may be established under subdivision (a). See California Education Code 79220
Program fund: means the program fund established by this article, which shall be held as a separate fund within the Scholarshare trust. See California Education Code 69980
promise: includes promise, undertaking, contract, or agreement, whether written or oral, express or implied. See California Labor Code 920
Property: means land and improvements, and includes water. See California Health and Safety Code 2002
Property: includes both personal and real property. See California Code of Civil Procedure 17
Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
Public agency: means any state agency, board, or commission, including the California State University and the University of California, any county, city and county, city, regional agency, school district, special district, redevelopment agency, or other political subdivision. See California Health and Safety Code 2002
Public defender: Represent defendants who can't afford an attorney in criminal matters.
Public nuisance: means any of the following:
California Health and Safety Code 2002
public nuisance: includes , but is not limited to, both of the following:
California Health and Safety Code 2800.5
Purchase price: means the price, as listed on the menu, for the items contained in an online order. See California Business and Professions Code 22598
Qualified business: means a small business concern that meets both of the following criteria, regardless of whether the small business concern has operations that affect the environment:
California Health and Safety Code 44559.1
Qualified defendant: means a defendant in an action that includes a construction-related accessibility claim that is asserted against a place of public accommodation that met the requirements of "meets applicable standards" or "inspected by a CASp" prior to the date the defendant was served with the summons and complaint in that action. See California Civil Code 55.52
Qualified higher education expenses: means the expenses of attendance at an institution of higher education as provided in paragraph (3) of subsection (e), expenses associated with participation in a registered apprenticeship program as provided in paragraph (8) of subsection (c), and payment on the principal or interest of a qualified education loan as provided in paragraph (9) of subsection (c), of Section 529 of the Internal Revenue Code of 1986, as it is amended from time to time, if, as determined by the board, the amendment is consistent with the purposes of this article, and as determined and certified by the institution of higher education in the same manner as prescribed in Title IV of the Higher Education Act of 1965 (20 U. See California Education Code 69980
Qualified insurance resource: means personnel and equipment working for, or contracted by, an insurance company with a mission to mitigate risk to insured structures and operating in compliance with instruction and oversight of the incident management team of the authority having jurisdiction. See California Labor Code 1139
Qualified loan: means a loan or a portion of a loan made by a participating financial institution to a qualified business for any business activity that has its primary economic effect in California. See California Health and Safety Code 44559.1
qualified trust company: means the trust department of any state or national bank in this state or a trust company authorized to act as such in this state. See California Government Code 16625
Qualifying institution: means an institution that complies with paragraphs (2) to (4), inclusive, and is any of the following:
California Education Code 69432.7
Railroad: means any steam railroad, electric railroad, or railway, operated in whole or in part in this State. See California Labor Code 600
reasonable belief that the workplace or worksite is unsafe: means that a reasonable person, under the circumstances known to the employee at the time, would conclude there is a real danger of death or serious injury if that person enters or remains on the premises. See California Labor Code 1139
Recourse: An arrangement in which a bank retains, in form or in substance, any credit risk directly or indirectly associated with an asset it has sold (in accordance with generally accepted accounting principles) that exceeds a pro rata share of the bank's claim on the asset. If a bank has no claim on an asset it has sold, then the retention of any credit risk is recourse. ^{Source: FDIC}
registered owner: is a person registered by the department as the owner of a vehicle. See California Vehicle Code 505
Regular election: is a n election, the specific time for the holding of which is prescribed by law. See California Elections Code 348
renter: is a person who is engaged in the business of renting, leasing or bailing vehicles for a term not exceeding four months and for a fixed rate or price. See California Vehicle Code 508
Reorganized district: means a school district that is a "new district" an "acquiring district" or a "divided district. See California Education Code 35514
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).
representative: is a ny person regularly employed by a manufacturer or distributor for the purpose of negotiating or promoting the sale of the manufacturer's or distributer's vehicles to their franchisees or for regularly supervising or contacting franchisees or prospective franchisees in this state for any purpose. See California Vehicle Code 512
representatives: includes any individual or labor organization. See California Labor Code 1140.4
Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
Resident: means residing in this State, "nonresident" means not residing in this State. See California Insurance Code 30
Resident: means any person who manifests an intent to live or be located in this state on more than a temporary or transient basis. See California Vehicle Code 516
Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
retail sale: is a sale of goods to a person for the purpose of consumption and use, and not for resale to others, including, but not limited to, an arrangement where a motor vehicle is consigned to a dealer for sale. See California Vehicle Code 520
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}
Road: means any existing vehicle route established before January 1, 1979, with significant evidence of prior regular travel by vehicles subject to registration pursuant to Article 1 (commencing with Section 4000) of Chapter 1 of Division 3. See California Vehicle Code 527
Satisfactory academic progress: means those criteria required by applicable federal standards published in Title 34 of the Code of Federal Regulations. See California Education Code 69432.7
Scholarshare trust: means the trust created pursuant to this article. See California Education Code 69980
School building: as used in this article , means any building used, or designed to be used, for community college purposes and constructed by the state, by any city, county, or city and county, by any district of any kind within the state, 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 81050
School building: as used in this article , means and includes any building used, or designed to be used, for community college purposes and constructed, reconstructed, altered, or added to, by the state or by any city or city and county, by any political subdivision, by any district of any kind within the state, 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 81130.5
School building: as used in this article excludes any building which is used for community college district administrative buildings located on a site separate from the community college campuses of the district, and into which students are not required to enter. See California Education Code 81160
schoolbus: is a motor vehicle designed, used, or maintained for the transportation of any school pupil at or below the 12th grade level to or from a public or private school or to or from public or private school activities, except the following:
California Vehicle Code 545
Secretary: means the Secretary for Environmental Protection. See California Public Resources Code 44201
Secretary: means the Secretary of Food and Agriculture. See California Food and Agricultural Code 35
Sequester: To separate. Sometimes juries are sequestered from outside influences during their deliberations.
Severely affected community: means any area classified as an enterprise zone pursuant to the Enterprise Zone Act (Chapter 12. See California Health and Safety Code 44559.1
Signature: includes either of the following:
California Elections Code 354.5
Significant financial hardship: means either that the customer cannot afford, without undue hardship, to pay the costs of effective participation, including advocate's fees, expert witness fees, and other reasonable costs of participation, or that, in the case of a group or organization, the economic interest of the individual members of the group or organization is small in comparison to the costs of effective participation in the proceeding. See California Public Utilities Code 1802
Site: means a place of public accommodation. See California Civil Code 55.52
Siting: means the physical suitability of a location proposed for a solid waste facility. See California Public Resources Code 44201
Small Business Assistance Fund: means a fund created within the authority pursuant to Section 44548. See California Health and Safety Code 44559.1
social media: means an electronic service or account, or electronic content, including, but not limited to, videos, still photographs, blogs, video blogs, podcasts, instant and text messages, email, online services or accounts, or Internet Web site profiles or locations. See California Labor Code 980
Special election: is a n election, the specific time for the holding of which is not prescribed by law. See California Elections Code 356
speech-language pathologist: is a person who practices speech-language pathology. See California Business and Professions Code 2530.2
Speech-language pathology assistant: means a person who meets the academic and supervised training requirements set forth by the board and who is approved by the board to assist in the provision of speech-language pathology under the direction and supervision of a speech-language pathologist who shall be responsible for the extent, kind, and quality of the services provided by the speech-language pathology assistant. See California Business and Professions Code 2530.2
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 Labor Code 12.2
Spouse: includes "registered domestic partner" as required by §. See California Welfare and Institutions Code 12.2
State: means the State of California and any agency or instrumentality thereof. See California Public Resources Code 44201
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 Harbors and Navigation Code 20
State: means the State of California, unless applied to the different parts of the United States. See California Insurance Code 28
state of emergency: means a state of emergency or local emergency as defined in §. See California Insurance Code 16000
Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
Street: is a way or place of whatever nature, publicly maintained and open to the use of the public for purposes of vehicular travel. See California Vehicle Code 590
Subdivision: means a subdivision of the section in which that term occurs unless some other section is expressly mentioned. See California Food and Agricultural Code 49
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 cannot write, such signer's or subscriber's name being written near the mark by a witness who writes his own name near the signer's or subscriber's name. See California Public Utilities Code 16
Substantial contribution: means that, in the judgment of the commission, the customer's presentation has substantially assisted the commission in the making of its order or decision because the order or decision has adopted in whole or in part one or more factual contentions, legal contentions, or specific policy or procedural recommendations presented by the customer. See California Public Utilities Code 1802
substantial financial interest: means the ownership of common stock, preferred stock, warrants, options, loans, partnership interests, debt instruments, or other ownership interest, if consisting of, or convertible to, equity investments in an entity contracting with the department under the provisions of this chapter or an entity contracting with a current or proposed contractor doing business with the department under the provisions of this chapter, and such ownership interest in terms of fair market value is not less than the greater of the following:
California Welfare and Institutions Code 14478
supervisor: means any individual having the authority, in the interest of the employer, to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward, or discipline other employees, or the responsibility to direct them, or to adjust their grievances, or effectively to recommend such action, if, in connection with the foregoing, the exercise of such authority is not of a merely routine or clerical nature, but requires the use of independent judgment. See California Labor Code 1140.4
Tanning device: means an ultraviolet tanning device and any accompanying equipment, including, but not limited to, protective eyewear, timers, and handrails. See California Business and Professions Code 22702
Tanning facility: means any location, place, area, structure, or business that provides persons access to any tanning device. See California Business and Professions Code 22702
Testate: To die leaving a will.
Testify: Answer questions in court.
Testimony: Evidence presented orally by witnesses during trials or before grand juries.
through highway: is a highway or portion thereof at the entrance to which vehicular traffic from intersecting highways is regulated by stop signs or traffic control signals or is controlled when entering on a separated right-turn roadway by a yield-right-of-way sign. See California Vehicle Code 600
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.
Tour bus: includes a bus described in subdivision (a) that has had its roof substantially structurally modified or removed. See California Vehicle Code 612
tow truck: is a motor vehicle which has been altered or designed and equipped for, and primarily used in the business of, transporting vehicles by means of a crane, hoist, tow bar, tow line, or dolly or is otherwise primarily used to render assistance to other vehicles. See California Vehicle Code 615
Town: includes "unincorporated town" and "village. See California Government Code 21
traffic: includes pedestrians, ridden animals, vehicles, street cars, and other conveyances, either singly or together, while using any highway for purposes of travel. See California Vehicle Code 620
traffic officer: is a ny member of the California Highway Patrol, or any peace officer who is on duty for the exclusive or main purpose of enforcing Division 10 (commencing with Section 20000) or 11 (commencing with Section 21000). See California Vehicle Code 625
trailer: includes a semitrailer when used in conjunction with an auxiliary dolly, if the auxiliary dolly is of a type constructed to replace the function of the drawbar and the front axle or axles of a trailer. See California Vehicle Code 630
Trainman: means a conductor, motorman, engineer, fireman, brakeman, train dispatcher, or telegraph operator, employed by or working in connection with a railroad. See California Labor Code 600
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.
Tribe: means an Indian tribe, band, nation, or other organized group or community, or a tribal agency authorized by a tribe as defined herein, which is recognized as eligible for special programs and services provided by the United States to Indians because of their status as Indians and is identified on pages 52829 to 52835, inclusive, of Number 250 of Volume 53 (December 29, 1988) of the Federal Register, as that list may be updated or amended from time to time. See California Public Resources Code 44201
Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. ^{Source: OCC}
Trust fund: means the Agriculture Trust Fund created pursuant to Section 232. See California Food and Agricultural Code 230
Ultraviolet tanning device: means equipment that emits electromagnetic radiation with wavelengths in the air between 200 and 400 nanometers used for tanning of the skin, including, but not limited to, a sunlamp, tanning booth, or tanning bed. See California Business and Professions Code 22702
unfair immigration-related practice: means any of the following practices, when undertaken for the retaliatory purposes prohibited by subdivision (a):
California Labor Code 1019
unfair labor practice: means any unfair labor practice specified in Chapter 4 (commencing with Section 1153) of this part. See California Labor Code 1140.4
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}
University: as used in this article , means the University of California. See California Food and Agricultural Code 520
Uphold: The decision of an appellate court not to reverse a lower court decision.
Usury: Charging an illegally high interest rate on a loan. ^{Source: OCC}
Vector: means any animal capable of transmitting the causative agent of human disease or capable of producing human discomfort or injury, including, but not limited to, mosquitoes, flies, mites, ticks, other arthropods, and rodents and other vertebrates. See California Health and Safety Code 2002
vehicle: is a device by which any person or property may be propelled, moved, or drawn upon a highway, excepting a device moved exclusively by human power or used exclusively upon stationary rails or tracks. See California Vehicle Code 670
Vehicle manufacturer: is a ny person who produces from raw materials or new basic components a vehicle of a type subject to registration under this code, off-highway motorcycles or all-terrain vehicles subject to identification under this code, or trailers subject to identification pursuant to Section 5014. See California Vehicle Code 672
Venue: The geographical location in which a case is tried.
Verdict: The decision of a petit jury or a judge.
Violation: means each incident when an unfair immigration-related practice was committed, without reference to the number of employees involved in the incident. See California Labor Code 1019
visually impaired: includes blindness and means having central visual acuity not to exceed 20/200 in the better eye, with corrected lenses, as measured by the Snellen test, or visual acuity greater than 20/200, but with a limitation in the field of vision such that the widest diameter of the visual field subtends an angle not greater than 20 degrees. See California Civil Code 54.6
Voter: means a voter as defined by §. See California Health and Safety Code 2002
Voter: means any elector who is registered under this code. See California Elections Code 359
Voter-nominated office: means a congressional or state elective office for which a candidate may choose to have his or her party preference or lack of party preference indicated upon the ballot. See California Elections Code 359.5
wheelbase: means the longitudinal distance between the vertical centerlines of the front and rear wheels. See California Vehicle Code 378
will: includes codicil. See California Civil Code 14
Will: includes codicil. See California Code of Civil Procedure 17
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

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Terms Used In California Codes > Civil Code > Division 3 > Part 1 - OBLIGATIONS IN GENERAL

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