California Codes > Code of Civil Procedure > Part 2 > Title 10.5 – PARTITION OF REAL AND PERSONAL PROPERTY


Chapter 1	General Provisions
Chapter 2	Commencement of Action
Chapter 3	Trial
Chapter 4	Referees
Chapter 5	Division of the Property
Chapter 6	Sale of the Property
Chapter 7	Partition by Appraisal
Chapter 8	Costs of Partition
Chapter 9	Judgment
Chapter 10	Partition of Real Property Act

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Terms Used In California Codes > Code of Civil Procedure > Part 2 > Title 10.5 - PARTITION OF REAL AND PERSONAL PROPERTY

Accredited: as used in this chapter , means a school, college, or university accredited by either the Commission on Accreditation for Marriage and Family Therapy Education or a regional or national institutional accrediting agency that is recognized by the United States Department of Education. See California Business and Professions Code 4980.03
Acquittal:
1. Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
2. A verdict of "not guilty."
Act: means the California Health Facilities Financing Authority Act. See California Government Code 15432
Action: means an action for partition under this title. See California Code of Civil Procedure 872.010
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.
Administrative director: means the Administrative Director of the Division of Workers' Compensation. See California Labor Code 110
Advertising: as used in this chapter , includes, but is not limited to, any public communication as defined in subdivision (a) of Section 651, the issuance of any card, sign, or device to any person, or the causing, permitting, or allowing of any sign or marking on, or in, any building or structure, or in any newspaper, magazine, or directory, or any printed matter whatsoever, with or without any limiting qualification. See California Business and Professions Code 4992.2
Affected city: means a city within whose planning review area an affected territory is located. See California Government Code 65919
Affected territory: means an area of land located in the unincorporated portion of a county that is the subject of one or more proposed actions. See California Government Code 65919
Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
Affirmative actions: means any activity for the purpose of eliminating discrimination in housing accommodations because of race, color, religion, sex, marital status, national origin, ancestry, familial status, or disability. See California Government Code 12927
Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
agency: means the agency responsible for the preparation and adoption of the congestion management program. See California Government Code 65088.1
Agency: means the Labor and Workforce Development Agency. See California Labor Code 18.5
Aggrieved person: includes any person who claims to have been injured by a discriminatory housing practice or believes that the person will be injured by a discriminatory housing practice that is about to occur. See California Government Code 12927
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
All-terrain vehicle: means a motor vehicle subject to subdivision (a) of Section 38010 that is all of the following:
California Vehicle Code 111
all-terrain vehicle safety training organization: is a ny organization which is approved to offer a program of instruction in all-terrain vehicle safety, including all-terrain vehicle safety instruction training, by the Off-Highway Vehicle Safety Education Committee and which has been issued a license by the department pursuant to Section 11105. See California Vehicle Code 111.5
Allegation: something that someone says happened.
Alternative education project: includes , but is not limited to, the use of video recordings, models, films, books, and computers, which would provide an alternate avenue for obtaining the knowledge, information, or experience required by the course of study in question. See California Education Code 32255
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.
Angling: means the taking of, or attempting to take, fish by hook and line with the line held in the hand, or by hook and line with the line attached to a pole or rod which is closely attended or held in the hand in such a manner that the fish voluntarily takes the bait or lure in its mouth. See California Fish and Game Code 15
Animal: means any living organism of the kingdom animalia, beings that typically differ from plants in capacity for spontaneous movement and rapid motor response to stimulation by a usually greater mobility with some degree of voluntary locomotor ability and by greater irritability commonly mediated through a more or less centralized nervous system, beings that are characterized by a requirement for complex organic nutrients including proteins or their constituents that are usually digested in an internal cavity before assimilation into the body proper, and beings that are distinguished from typical plants by lack of chlorophyll, by an inability to perform photosynthesis, by cells that lack cellulose walls, and by the frequent presence of discrete complex sense organs. See California Education Code 32255
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.
Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
Appeals board: means the Workers' Compensation Appeals Board. See California Labor Code 110
Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
Applicant for licensure: as used in this chapter , means an unlicensed person who has completed the required education and required hours of supervised experience for licensure. See California Business and Professions Code 4980.03
application: includes the original documents or writings filed and any other supporting documents or writings including supporting documents provided or filed contemporaneously, or later, in support of the application whether provided or filed by the applicant or by any other person in support of the application. See California Business and Professions Code 478
Appraisal: A determination of property value.
Approved: as used in this chapter , means a school, college, or university that possessed unconditional approval by the Bureau for Private Postsecondary Education at the time of the applicant's graduation from the school, college, or university. See California Business and Professions Code 4980.03
Aquaculture: means that form of agriculture devoted to the propagation, cultivation, maintenance, and harvesting of aquatic plants and animals in marine, brackish, and fresh water. See California Fish and Game Code 17
area median income: means the median family income of a geographic area of the state, as annually estimated by the United States Department of Housing and Urban Development pursuant to Section 8 of the United States Housing Act of 1937. See California Health and Safety Code 50093
Arrest: Taking physical custody of a person by lawful authority.
arts: includes , but is not limited to, all of the following: dance. See California Education Code 8951
Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
Associate: as used in this chapter , means an unlicensed person who has earned a master's or doctoral degree qualifying the person for licensure and is registered with the board as an associate. See California Business and Professions Code 4980.03
Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
Attendance: means the number of children present at a preschool facility. See California Education Code 8205
Attorney-at-law: A person who is legally qualified and licensed to practice law, and to represent and act for clients in legal proceedings.
Attorney-in-fact: A person who, acting as an agent, is given written authorization by another person to transact business for him (her) out of court.
Authority: means the California Health Facilities Financing Authority created by this part or any board, body, commission, department, or officer succeeding to the principal functions thereof or to which the powers conferred upon the authority by this part shall be given by law. See California Government Code 15432
automobile dismantler: includes a person not otherwise expressly excluded by Section 221 who keeps or maintains on real property owned by the person, or under their possession or control, either of the following vehicles or catalytic converters, whether for the purpose of resale of used parts, for the purpose of reclaiming for use some or all of the materials, whether metal, glass, fabric, or otherwise, or to dispose of them, or for any other purpose:
California Vehicle Code 220
Award: means monthly payments for life derived from contributions by a department. See California Government Code 50952
Award recipient: means a former member who satisfied all the requirements as determined by the board to be eligible to receive an award, and is receiving an award. See California Government Code 50952
Award system: means the Volunteer Firefighters Length of Service Award System established by this chapter. See California Government Code 50952
Bag limit: means the maximum limit, in number or amount, of birds, mammals, fish, reptiles, or amphibians that may lawfully be taken by any one person during a specified period of time. See California Fish and Game Code 18
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.
Bailiff: a court officer who enforces the rules of behavior in courtrooms.
Balanced budget: A budget in which receipts equal outlays.
Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
Baseline: Projection of the receipts, outlays, and other budget amounts that would ensue in the future without any change in existing policy. Baseline projections are used to gauge the extent to which proposed legislation, if enacted into law, would alter current spending and revenue levels.
Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. ^{Source: OCC}
Bequest: Property gifted by will.
bill or resolution: includes a constitutional amendment. See California Government Code 9051.5
Bird: means a wild bird or part of a wild bird. See California Fish and Game Code 22
Board: as used in this chapter , includes a board, advisory board, commission, examining committee, committee or other similarly constituted body exercising powers under this code. See California Business and Professions Code 452
board: means the Occupational Safety and Health Standards Board. See California Labor Code 140
Board: includes "bureau" "commission" "committee" "department" "division" "examining committee" "program" and "agency. See California Business and Professions Code 477
board: means the Board of Vocational Nursing and Psychiatric Technicians of the State of California. See California Business and Professions Code 4501
Board: means the Veterinary Medical Board. See California Business and Professions Code 4810
Board: as used in this chapter , means the Board of Behavioral Sciences. See California Business and Professions Code 4980.03
Board: as used in this chapter , Chapter 13 (commencing with Section 4980), Chapter 13. See California Business and Professions Code 4990.02
Board: as used in this chapter , means the Board for Professional Engineers, Land Surveyors, and Geologists established under Section 6710. See California Business and Professions Code 7801
board: means the State Public Works Board. See California Government Code 15851
Board: means State Allocation Board. See California Government Code 15501
board: refers to any healing arts board, division, or examining committee which licenses or certifies health professionals. See California Business and Professions Code 701
Board: means the State Public Works Board. See California Education Code 67352
Board: means the board of the California State Fire Employees Welfare Benefit Corporation. See California Government Code 50952
board: means any entity listed in Section 101, the entities referred to in Sections 1000 and 3600, the State Bar, the Department of Real Estate, and any other state agency that issues a license, certificate, or registration authorizing a person to engage in a business or profession. See California Business and Professions Code 31
board: means the California Department of Tax and Fee Administration. See California Revenue and Taxation Code 20
Board of Governors: means the Board of Governors of the California Community Colleges. See California Education Code 52651
bond: means a bond, warrant, note, lease, or installment sale obligation that is evidenced by a certificate of participation or other evidence of indebtedness issued by the authority. See California Government Code 15432
Bonds: means bonds, notes, bond anticipation notes, and any other evidence of indebtedness, and also includes certificates of participation or lease-purchase agreements. See California Government Code 9117
Brokering: is a n arrangement under which a dealer, for a fee or other consideration, regardless of the form or time of payment, provides or offers to provide the service of arranging, negotiating, assisting, or effectuating the purchase of a new or used motor vehicle, not owned by the dealer, for another or others. See California Vehicle Code 232.5
Budget authority: Authority provided by law to enter into obligations that will result in outlays of Federal funds. Budget authority may be classified by the period of availability (one-year, multiyear, no-year), by the timing of congressional action (current or permanent), or by the manner of determining the amount available (definite or indefinite).
bureau: means the Bureau of Security and Investigative Services. See California Business and Professions Code 7580.4
Bureau: means the Cemetery and Funeral Bureau. See California Business and Professions Code 7601
business: includes a proprietorship, partnership, corporation, and any other form of commercial enterprise. See California Vehicle Code 234
Buy: includes an offer to buy, purchase, barter, exchange, or trade. See California Fish and Game Code 24
CalAccount Program: means the proposed program described in paragraph (1) of subdivision (a) of Section 100104. See California Government Code 100100
California state preschool program: means those programs that offer part-day or full-day, or both, educational programs for eligible three- and four-year-old children. See California Education Code 8205
Case law: The law as laid down in cases that have been decided in the decisions of the courts.
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: means a valid certificate issued by the council pursuant to this chapter. See California Business and Professions Code 4601
Certificate credit rate: means the rate of the credit allowed by this chapter which is specified in the mortgage credit certificate. See California Health and Safety Code 50172
Certificated mechanic: means an individual person who is the duly authorized holder of a Federal Aviation Administration Mechanic Certificate, with either an "Airframe" a "Powerplant" or an "Inspection Authorization" rating, which has been issued to that person pursuant to the provisions of Part 65 of Title 14 of the Code of Federal Regulations. See California Business and Professions Code 9790
Certificated repair station: means a person or business entity which is the duly authorized holder of a Federal Aviation Administration certificated repair station designation pursuant to the provisions of Part 145 of Title 14 of the Code of Federal Regulations. See California Business and Professions Code 9790
Certified indebtedness amount: means the amount of indebtedness which meets both of the following criteria:
California Health and Safety Code 50172
Chambers: A judge's office.
Chancellor: means the Chancellor of the California Community Colleges. See California Education Code 52651
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.
chief: means the Chief of the Bureau of Security and Investigative Services. See California Business and Professions Code 7580.5
Chief judge: The judge who has primary responsibility for the administration of a court but also decides cases; chief judges are determined by seniority.
child: means a minor from birth to 18 years of age. See California Government Code 15432
Child development program: means a full-day or part-day comprehensive developmental program for children ages 0 to 14 years that is administered by the State Department of Education. See California Education Code 8971
Children with exceptional needs: means either of the following:
California Education Code 8205
City: means any city or city and county. See California Government Code 51075
City: includes incorporated city, city and county, municipal corporation, municipality, town, and incorporated town. See California Revenue and Taxation Code 14
City: includes incorporated city, city and county, municipal corporation, municipality, town and incorporated town. See California Unemployment Insurance Code 13
City: includes every city and city and county within this State. See California Vehicle Code 255
city or county: includes any city and county. See California Health and Safety Code 52075.1
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.
Client centered advocacy: as used in this chapter , includes, but is not limited to, researching, identifying, and accessing resources, or other activities, related to obtaining or providing services and supports for clients or groups of clients receiving psychotherapy or counseling services. See California Business and Professions Code 4980.03
Commission: means the CalAccount Blue Ribbon Commission convened pursuant to Section 100102. See California Government Code 100100
Commission: means the California Transportation Commission. See California Government Code 65088.1
Commission: means the State Energy Resources Conservation and Development Commission. See California Health and Safety Code 44275
commission: means the Student Aid Commission created by this article. See California Education Code 69515
commission: means the California Transportation Commission. See California Streets and Highways Code 22
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 67352
Committee: means the California Debt Limit Allocation Committee established pursuant to Section 50199. See California Health and Safety Code 50172
committee: includes a standing committee, joint committee, conference committee, subcommittee, select committee, special committee, research committee, or any similar body. See California Government Code 9027
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: means public nonprofit benefit corporations of demonstrated effectiveness approved by the superintendent to provide educational services to eligible legalized persons. See California Education Code 52651
Compensation: means a payment, loan, advance, donation, contribution, deposit, or gift of money, or anything of value. See California Business and Professions Code 4601
Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
complaint: means a valid complaint as specified in subdivision (b). See California Government Code 8944
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.
Conditions of overcrowding: means that the total enrollment of a school, including enrollment from proposed development, exceeds the capacity of the school as determined by the governing body of the district. See California Government Code 65973
Conference committee: A temporary, ad hoc panel composed of conferees from both chamber of a legislature which is formed for the purpose of reconciling differences in legislation that has passed both chambers. Conference committees are usually convened to resolve bicameral differences on major and controversial legislation.
Construction: includes :
California Streets and Highways Code 29
Continuance: Putting off of a hearing ot trial until a later time.
Controller: means the State Controller. See California Revenue and Taxation Code 21
Conviction: A judgement of guilt against a criminal defendant.
Cost: includes , but is not limited to, expenditures that are related to the operation of preschool programs. See California Education Code 8205
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: means the California Massage Therapy Council created pursuant to this chapter, which shall be a nonprofit organization exempt from taxation under Section 501(c)(3) of Title 26 of the United States Code. See California Business and Professions Code 4601
County: includes city and county. See California Food and Agricultural Code 29
County: includes city and county. See California Health and Safety Code 14
County: includes "city and county. See California Labor Code 14
County: includes city and county. See California Revenue and Taxation Code 15
County: includes "city and county. See California Streets and Highways Code 14
County: includes city and county. See California Unemployment Insurance 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 Family Code 67
County: includes city and county. See California Fish and Game Code 32
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 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
Covered vehicle: includes any vehicle or piece of equipment powered by a covered engine. See California Health and Safety Code 44275
Credible science: means the best available scientific information that is not overly prescriptive due to the dynamic nature of science, and includes the evaluation principles of relevance, inclusiveness, objectivity, transparency, timeliness, verification, validation, and peer review of information as appropriate. See California Fish and Game Code 33
Credit report: A detailed report of an individual's credit history prepared by a credit bureau and used by a lender in determining a loan applicant's creditworthiness. ^{Source: OCC}
Customer: means any person who requests a repairperson to do work on a general aviation aircraft which is in the possession of that person. See California Business and Professions Code 9790
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
Day: means calendar day, and "week" means calendar week. See California Fish and Game Code 35
Dealer: is a person not otherwise expressly excluded by Section 286 who:
California Vehicle Code 285
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.
department: means the Employment Development Department. See California Unemployment Insurance Code 17000
Department: means the Department of Consumer Affairs. See California Business and Professions Code 7601
Department: means the Department of Transportation. See California Government Code 65088.1
department: refers to the State Department of Health Services. See California Business and Professions Code 550
Department: means the State Department of Education. See California Education Code 52651
Department: means the Civil Rights Department. See California Government Code 12925
Department: means any of the following:
California Government Code 50952
department: refer to the Director and Department of Finance, respectively, unless the context otherwise requires. See California Government Code 13001
department: means State Department of Health Services. See California Health and Safety Code 20
Department: means Department of Industrial Relations. See California Labor Code 19
Department: means the Department of Transportation of this state. See California Streets and Highways Code 20
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
depressed: means the condition of a fishery that exhibits declining fish population abundance levels below those consistent with maximum sustainable yield. See California Fish and Game Code 90.7
designated instruction and services: means "related services" as that term is defined in Section 1401(26) of Title 20 of the United States Code and Section 300. See California Education Code 56363
Development project: includes a project involving the issuance of a permit for construction or reconstruction, but not a permit to operate. See California Government Code 66000
Development project: means a development project as defined in Section 66000. See California Government Code 66010
Devise: To gift property by will.
director: means the Director of Consumer Affairs, unless the context indicates otherwise. See California Business and Professions Code 7580.1
Director: means the Director of Consumer Affairs. See California Business and Professions Code 7601
Director: means "State Director of Health Services. See California Health and Safety Code 21
Director: means Director of Industrial Relations. See California Labor Code 20
Director: means the director of the department. See California Streets and Highways Code 21
Director: means the Director of Fish and Wildlife. See California Fish and Game Code 39
disaster: means a war or enemy-caused calamity within this State, such as an attack by nuclear weapons. See California Government Code 9035
Discards: means fish that are taken in a fishery but are not retained because they are of an undesirable species, size, sex, or quality, or because they are required by law not to be retained. See California Fish and Game Code 91
Dismissal: The dropping of a case by the judge without further consideration or hearing. ^Source:
District: means a county air pollution control district or an air quality management district. See California Health and Safety Code 44275
District: means fish and game district. See California Fish and Game Code 41
Division: means the Division of Workers' Compensation. See California Labor Code 110
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
Early childhood programs: means those programs that offer a full range of services for children from infancy to 13 years of age, for any part of a day, by a public, private, or proprietary agency, in centers and family childcare homes. See California Education Code 8205
Early primary program: means an integrated, experiential, and developmentally appropriate educational program for children in preschool, kindergarten, and grades 1 to 3, inclusive, that incorporates various instructional strategies and authentic assessment practices, including educationally appropriate curricula, heterogeneous groupings, active learning activities, oral language development, small group instruction, peer interaction, use of concrete manipulative materials in the classroom, planned articulation among preschool, kindergarten, and primary grades, and parent involvement and education. See California Education Code 8971
Ecosystem-based management: means an environmental management approach relying on credible science, as defined in Section 33, that recognizes the full array of interactions within an ecosystem, including humans, rather than considering single issues, species, or ecosystem services in isolation. See California Fish and Game Code 43
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}
employee: means an individual who works for an employer, is listed on the employer's payroll records, and is under the employer's direction and control. See California Business and Professions Code 7580.9
employer: means a person who employs an individual for wages or salary, lists the individual on the employer's payroll records, and withholds all legally required deductions and contributions. See California Business and Professions Code 7580.8
Enrolled bill: The final copy of a bill or joint resolution which has passed both chambers in identical form. It is printed on parchment paper, signed by appropriate officials, and submitted to the President/Governor for signature.
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.
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}
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}
establishment: means a fixed location where massage is performed for compensation, excluding those locations where massage is only provided on an out-call basis. See California Business and Professions Code 4601
Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
Ex officio: Literally, by virtue of one's office.
Experience: as used in this chapter , means experience in interpersonal relationships, psychotherapy, marriage and family therapy, direct clinical counseling, and nonclinical practice that satisfies the requirements for licensure as a marriage and family therapist. See California Business and Professions Code 4980.03
Extradition: The formal process of delivering an accused or convicted person from authorities in one state to authorities in another state.
FAA Aircraft Registry: means that particular system for the recording of conveyances and other documents which affect the title to, or any interest in, civil aircraft of the United States, which was originally created pursuant to Section 503 of the Federal Aviation Act of 1958 as set forth in Section 1403 of Title 49 of the United States Code and which is more specifically identified in Section 49. See California Business and Professions Code 9790
Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
Family childcare home education network: means an entity organized under law that contracts with the department to make payments to licensed family childcare home providers and to provide educational and support services to those providers and to children and families eligible for California state preschool program services. See California Education Code 8205
Federal act: means , for purposes of mortgage credit certificates, Section 612 of the Tax Reform Act of 1984 (Public Law 98-369). See California Health and Safety Code 50172
Fee: means a monetary exaction other than a tax or special assessment, whether established for a broad class of projects by legislation of general applicability or imposed on a specific project on an ad hoc basis, that is charged by a local agency to the applicant in connection with approval of a development project for the purpose of defraying all or a portion of the cost of public facilities related to the development project, but does not include fees specified in Section 66477, fees for processing applications for governmental regulatory actions or approvals, fees collected under development agreements adopted pursuant to Article 2. See California Government Code 66000
Fee: means a monetary exaction or a dedication, other than a tax or special assessment, which is required by a local agency of the applicant in connection with approval of a development project for the purpose of defraying all or a portion of the cost of public facilities related to the development project, but does not include fees for processing applications for governmental regulatory actions or approvals. See California Government Code 66010
Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
Fiduciary: A trustee, executor, or administrator.
Finance charge: The total cost of credit a customer must pay on a consumer loan, including interest. The Truth in Lending Act requires disclosure of the finance charge. ^{Source: OCC}
Financial and compliance audit: means a systematic review or appraisal to determine each of the following:
California Education Code 8335
Fishery: means both of the following:
California Fish and Game Code 94
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).
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}
Foster family home: includes a small family home as defined in paragraph (6) of subdivision (a) of §. See California Education Code 56155.5
Foster family home: includes a small family home as defined in paragraph (6) of subdivision (a) of §. See California Education Code 56155.5
Four-year-old children: means children who will have their fourth birthday on or before December 1 of the fiscal year in which they are enrolled in a California state preschool program, or a child whose fifth birthday occurs after September 1 of the fiscal year in which they are enrolled in a California state preschool and whose parent or guardian has opted to retain or enroll them in a California state preschool program. See California Education Code 8205
Fraud: Intentional deception resulting in injury to another.
Freeway: means 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 Streets and Highways Code 23.5
full-time: means preschool services certified for a child for 25 or more hours per week. See California Education Code 8205
Fund: means the Higher Education Capital Outlay Bond Fund, created pursuant to subdivision (e) of Section 67354. See California Education Code 67352
Fund: means the Air Pollution Control Fund established pursuant to Section 43015. See California Health and Safety Code 44275
Fund: means an account or trust described in Internal Revenue Service Revenue Procedure 92-64, which is maintained by the custodian of the fund. See California Government Code 50952
General aviation: means all aviation with the exception of air carrier and military aviation. See California Business and Professions Code 9790
general deer hunting season: means the annual season for the area in question as is set by the commission under its general regulatory powers, or set by statute, for the taking of male deer. See California Fish and Game Code 451
Generally accepted auditing standards: means the auditing standards set forth in the financial and compliance element of the "Government Auditing Standards" issued by the Comptroller General of the United States and incorporating the audit standards of the American Institute of Certified Public Accountants. See California Education Code 8335
Geologist: as used in this chapter , refers to a person engaged in the practice of geology. See California Business and Professions Code 7803
Geology: as used in this chapter , refers to that science which treats of the earth in general. See California Business and Professions Code 7802
Geophysicist: as used in this chapter , refers to a person engaged in the practice of geophysics. See California Business and Professions Code 7803.1
Geophysics: as used in this chapter , refers to that science which involves study of the physical earth by means of measuring its natural and induced fields of force, including, but not limited to, electric, gravity, and magnetic, and its responses to natural and induced energy and the interpreting of these measurements and the relating of them to the physics of the earth. See California Business and Professions Code 7802.1
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
governing body: means :
California Code of Civil Procedure 1245.210
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}
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}
Health facility: includes a clinic that is described in subdivision (l) of §. See California Government Code 15432
highway: includes bridges, culverts, curbs, drains, and all works incidental to highway construction, improvement, and maintenance. See California Streets and Highways Code 23
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
Immigrant: means a person who is a citizen of a country other than the United States and is eligible for education services in California or a naturalized United States citizen who is now residing in California. See California Education Code 52651
improvements pertaining to the realty: include any machinery or equipment installed for use on property taken by eminent domain, or on the remainder if such property is part of a larger parcel, that cannot be removed without a substantial economic loss or without substantial damage to the property on which it is installed, regardless of the method of installation. See California Code of Civil Procedure 1263.205
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 auditors: means public accountants who have no direct or indirect relationship with the functions or activities being audited or with the business conducted by any of the officials or contractors being audited. See California Education Code 8335
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.
Infill opportunity zone: means a specific area designated by a city or county, pursuant to subdivision (c) of Section 65088. See California Government Code 65088.1
Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
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}
Interregional travel: means any trips that originate outside the boundary of the agency. See California Government Code 65088.1
Intestate: Dying without leaving a will.
Issuer: means a state agency or local agency and includes a redevelopment agency, housing authority or other local entity, authorized by state law to issue qualified mortgage bonds, to which the committee has assigned an allocation under this chapter. See California Health and Safety Code 50172
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 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.
Kelp: means kelp or other marine aquatic plants and the seeds thereof. See California Fish and Game Code 51
Landowner: includes a lessee or trustee, if the expiration of the lease or trust occurs at a time later than the expiration of the open-space restriction or any extension thereof. See California Government Code 51075
Lawsuit: A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty, resulting in harm to the plaintiff.
Lease: means a lease or sublease of real property for other than residential purposes, and includes modifications and other agreements affecting a lease. See California Civil Code 1995.020
Lease financing: means the financial undertaking authorized by this article under which the lessee shall lease the project from the lessor and the rental payments to be paid by the lessee, and any other authorized or appropriated funds, shall be used to secure the repayment of the bonds and the proceeds of the bonds shall be applied to pay the costs of the project and related costs as authorized by this article. See California Government Code 9117
Legacy: A gift of property made by will.
legislative body: means both of the following:
California Code of Civil Procedure 1245.310
Legislative records: means any writing prepared on or after December 2, 1974, which contains information relating to the conduct of the public's business prepared, owned, used, or retained by the Legislature. See California Government Code 9072
Legislative session: That part of a chamber's daily session in which it considers legislative business (bills, resolutions, and actions related thereto).
Legislature: includes any Member of the Legislature, any legislative officer, any standing, joint, or select committee or subcommittee of the Senate and Assembly, and any other agency or employee of the Legislature. See California Government Code 9072
Lessee: means the Legislature, acting through its authorized representative as provided for in this article. See California Government Code 9117
Lessor: means the State Public Works Board acting pursuant to the State Building Construction Act of 1955, Part 10b (commencing with Section 15800) of Division 3 of Title 2, a joint exercise of powers agency established between the lessee and any qualifying entity of government and acting pursuant to the Joint Exercise of Powers Act, Chapter 5 (commencing with Section 6500) of Division 7 of Title 1, or any other person, corporation, partnership, or other entity serving as the lessor under the lease financing. See California Government Code 9117
Level of service standard: is a threshold that defines a deficiency on the congestion management program highway and roadway system which requires the preparation of a deficiency plan. See California Government Code 65088.1
Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
License: includes certificate, registration or other means to engage in a business or profession regulated by this code. See California Business and Professions Code 477
license: means license, certificate, registration, or other means to engage in a business or profession regulated by this code or referred to in Section 1000 or 3600. See California Business and Professions Code 23.7
licensee: means a person licensed under this chapter and includes, but is not limited to, private patrol operator and armored contract carrier. See California Business and Professions Code 7580.6
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
Lien: means a mortgage, deed of trust, or other security interest in property whether arising from contract, statute, common law, or equity. See California Code of Civil Procedure 872.010
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
Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
Local agencies: means cities, counties, housing authorities, districts, and any other local public agencies. See California Government Code 15501
Local agency: means a county, city, whether general law or chartered, city and county, school district, special district, authority, agency, any other municipal public corporation or district, or other political subdivision of the state. See California Government Code 66000
Local agency: means a local agency, as defined in Section 66000. See California Government Code 66010
Local agency: as used in this chapter , has the same meaning as provided in Section 66000. See California Government Code 66018.5
Local agency: as used in this chapter , means a local agency as defined in Section 66000. See California Government Code 66025
Local educational agency: means a school district, a county office of education, a community college district, or a school district acting on behalf of one or more schools within the school district. See California Education Code 8205
Local jurisdiction: means a city, a county, or a city and county. See California Government Code 65088.1
maintenance: includes any of the following:
California Streets and Highways Code 27
Mammal: means a wild or feral mammal or part of a wild or feral animal, but not a wild, feral, or undomesticated burro. See California Fish and Game Code 54
manager: means the individual under whose direction, control, charge, or management the business of a licensee is operated. See California Business and Professions Code 7580.7
Marine living resources: includes all wild mammals, birds, reptiles, fish, and plants that normally occur in or are associated with salt water, and the marine habitats upon which these animals and plants depend for their continued viability. See California Fish and Game Code 96
Massage: means the scientific manipulation of the soft tissues. See California Business and Professions Code 4601
Massage practitioner: means a person who is certified by the council pursuant to Section 4604. See California Business and Professions Code 4601
Massage therapist: means a person who is certified by the council under Section 4604 and who administers massage for compensation. See California Business and Professions Code 4601
material: includes a statement or omission substantially related to the qualifications, functions, or duties of the business or profession. See California Business and Professions Code 478
Medical director: means the physician appointed by the administrative director pursuant to Section 122. See California Labor Code 110
meeting: means a gathering of a quorum of the members of a house or committee in one place for the purpose of discussing legislative or other official matters within the jurisdiction of the house or committee. See California Government Code 9027
Member: means a volunteer of a department, the governing body of which has contracted with the board under this chapter, and who has been certified by a qualifications review commission as having satisfied all the requirements for membership as set established by the board. See California Government Code 50952
member of the public: means any person other than a member, agent, officer, or employee of a federal, state, or local agency who is acting within the scope of that membership, agency, office, or employment. See California Government Code 7920.515
Mile: means either a statute mile (5,280 feet) or a nautical mile (6,077 feet) depending on the application. See California Fish and Game Code 55
Mistrial: An invalid trial, caused by fundamental error. When a mistrial is declared, the trial must start again from the selection of the jury.
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
month: means a calendar month, unless otherwise expressed. See California Civil Code 14
Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
Mortgage credit certificate: means any certificate which does all of the following:
California Health and Safety Code 50172
Mortgage credit certificate program: means any program established by the state or a local agency for any calendar year in which the state or a local agency is authorized to issue qualified mortgage bonds and under which the issuing agency elects not to issue an amount of qualified mortgage bonds it may otherwise issue during the calendar year. See California Health and Safety Code 50172
Mortgage loan: A loan made by a lender to a borrower for the financing of real property. ^{Source: OCC}
Mortgagee: The person to whom property is mortgaged and who has loaned the money.
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
Multidisciplinary committee: means the Veterinary Medicine Multidisciplinary Advisory Committee established pursuant to Section 4809. See California Business and Professions Code 4810
Multimodal: means the utilization of all available modes of travel that enhance the movement of people and goods, including, but not limited to, highway, transit, nonmotorized, and demand management strategies including, but not limited to, telecommuting. See California Government Code 65088.1
Music therapy: means the clinical and evidence-based use of music therapy interventions in developmental, rehabilitative, habilitative, medical, mental health, preventive, wellness care, or educational settings to address physical, emotional, cognitive, and social needs of individuals within a therapeutic relationship. See California Business and Professions Code 4653
Music therapy interventions: include , but are not limited to, music improvisation, receptive music listening, song writing, lyric discussion, music and imagery, singing, music performance, learning through music, music combined with other arts, music-assisted relaxation, music-based patient education, electronic music technology, adapted music intervention, and movement to music. See California Business and Professions Code 4653
Net: means any gear made of any kind of twine, thread, string, rope, wire, wood, or other materials used for the gilling, entangling, trapping, or impounding of fish. See California Fish and Game Code 56
newspaper: means a newspaper of general circulation. See California Revenue and Taxation Code 36.5
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.
noncertificated repairperson: means a repairperson that is not a certificated repair station, a certificated mechanic, nor a fixed-base operator. See California Business and Professions Code 9790
Nonprofit organization: means any organization qualifying under Section 501(c)(3) of the Internal Revenue Code in the preceding tax year, and which includes the preservation of open space as a stated purpose in its articles of incorporation. See California Government Code 51075
Nonresident: means a person who is not a resident as defined in Section 70. See California Fish and Game Code 57
notice of a public hearing: means a notice that includes the date, time, and place of a public hearing, the identity of the hearing body or officer, a general explanation of the matter to be considered, and a general description, in text or by diagram, of the location of the real property, if any, that is the subject of the hearing. See California Government Code 65094
NOx: means oxides of nitrogen. See California Health and Safety Code 44275
Oath: A promise to tell the truth.
Oath: includes affirmation. See California Government Code 15
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.
official traffic control signal: is a ny device, whether manually, electrically or mechanically operated, by which traffic is alternately directed to stop and proceed and which is erected by authority of a public body or official having jurisdiction. See California Vehicle Code 445
on-premises advertising displays: means any structure, housing, sign, device, figure, statuary, painting, display, message placard, or other contrivance, or any part thereof, that has been designed, constructed, created, intended, or engineered to have a useful life of 15 years or more, and intended or used to advertise, or to provide data or information in the nature of advertising, for any of the following purposes:
California Business and Professions Code 5490
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}
Open-space easement: means any right or interest in perpetuity or for a term of years in open-space land acquired by a county, city, or nonprofit organization pursuant to this chapter where the deed or other instrument granting such right or interest imposes restrictions which, through limitation of future use, will effectively preserve for public use or enjoyment the natural or scenic character of such open-space land. See California Government Code 51075
Open-space land: means any parcel or area of land or water which is essentially unimproved and devoted to an open-space use as defined in §. See California Government Code 51075
Open-space plan: means the open-space element of a county or city general plan adopted by the local governing body pursuant to §. See California Government Code 51075
Oral argument: An opportunity for lawyers to summarize their position before the court and also to answer the judges' questions.
order: include a decree, as appropriate under the circumstances. See California Family Code 100
Oversight: Committee review of the activities of a Federal agency or program.
Owner: includes the lessee, sublessee, assignee, managing agent, real estate broker or salesperson, or any person having any legal or equitable right of ownership or possession or the right to rent or lease housing accommodations, and includes the state and any of its political subdivisions and any agency thereof. See California Government Code 12927
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
Owner-building: means the process engaged in by owner-builders in the construction of a principal residence. See California Health and Safety Code 50692
Parent: means a biological parent, stepparent, adoptive parent, foster parent, caretaker relative, or any other adult living with a child who has responsibility for the care and welfare of the child. See California Education Code 8205
Parking cash-out program: means an employer-funded program under which an employer offers to provide a cash allowance to an employee equivalent to the parking subsidy that the employer would otherwise pay to provide the employee with a parking space. See California Government Code 65088.1
Parking subsidy: means the difference between the out-of-pocket amount paid by an employer on a regular basis in order to secure the availability of an employee parking space not owned by the employer and the price, if any, charged to an employee for use of that space. See California Government Code 65088.1
Participating health institution: means a city, city and county, or county, a district hospital, or a private nonprofit corporation or association, or a limited liability company whose sole member is a nonprofit corporation or association authorized by the laws of this state to provide or operate a health facility or a nonprofit corporation that controls or manages, is controlled or managed by, is under common control or management with, or is affiliated with any of the foregoing, and that, pursuant to this part, undertakes the financing or refinancing of the construction or acquisition of a project or of working capital as provided in this part. See California Government Code 15432
partnership: shall include limited liability company, registered limited liability partnership, and foreign limited liability partnership, except where the context or the specific provisions of this division otherwise require. See California Revenue and Taxation Code 28.5
Performance measure: is a n analytical planning tool that is used to quantitatively evaluate transportation improvements and to assist in determining effective implementation actions, considering all modes and strategies. See California Government Code 65088.1
person: includes any individual, firm, company, association, organization, partnership, and corporation. See California Business and Professions Code 7580.3
person: includes a California Native American tribe that is on the contact list maintained by the Native American Heritage Commission. See California Government Code 65092
person: as used in this article includes an individual, firm, partnership, association, corporation, limited liability company, or cooperative association. See California Business and Professions Code 653
Person: includes one or more individuals, partnerships, associations, corporations, limited liability companies, legal representatives, trustees, trustees in bankruptcy, and receivers or other fiduciaries. See California Government Code 12925
person: includes any natural person, corporation, partnership, limited liability company, firm, or association. See California Government Code 7920.520
Person: includes any natural person, corporation, partnership, limited liability company, firm, or association. See California Government Code 9072
Person: means any person, firm, association, organization, partnership, business trust, corporation, limited liability company, or company. See California Health and Safety Code 19
Person: means any person, association, organization, partnership, business trust, limited liability company, or corporation. See California Labor Code 18
Person: includes any person, firm, partnership, general partner of a partnership, limited liability company, registered limited liability partnership, foreign limited liability partnership, association, corporation, company, syndicate, estate, trust, business trust, or organization of any kind. See California Revenue and Taxation Code 19
Person: means any person, firm, partnership, association, corporation, organization, limited liability company, or business trust. See California Streets and Highways Code 19
Person: includes a natural person, firm, copartnership, association, limited liability company, or corporation. See California Vehicle Code 470
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
Personal property: includes money, goods, chattels, things in action, and evidences of debt. See California Code of Civil Procedure 17
Persons and families of low or moderate income: includes very low income households, as defined in Section 50105, extremely low income households, as defined in Section 50106, and lower income households as defined in Section 50079. See California Health and Safety Code 50093
persons of low income: means persons or families who are eligible for financial assistance specifically provided by a governmental agency for the benefit of occupants of housing financed pursuant to this division. See California Health and Safety Code 50093
petition: means any petition to which a registered voter has affixed the voter's own signature. See California Government Code 7924.100
Petitioner: includes plaintiff, where appropriate. See California Family Code 126
Plaintiff: The person who files the complaint in a civil lawsuit.
Planning review area: means the territory included in a general plan or in any specific plan of a city or county. See California Government Code 65919
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.
Plea agreement: An arrangement between the prosecutor, the defense attorney, and the defendant in which the defendant agrees to plead guilty in exchange for special considerations. ^Source:
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.
Portfolio material: means a selection of representative samples of the child's performance within the program setting that may include, but not be limited to, teacher observations, work samples, developmental profiles, photographs, and audio or video recordings that present a picture of the child's progress over time. See California Education Code 8971
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}
Preauthorized electronic fund transfers: An EFT authorized in advance to recur at substantially regular intervals. ^{Source: OCC}
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.
Probable cause: A reasonable ground for belief that the offender violated a specific law.
Probate: Proving a will
Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
Proceeding: includes an action. See California Family Code 110
Process: signifies a writ or summons issued in the course of a judicial proceeding. See California Code of Civil Procedure 17
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
Program director: means a person who, pursuant to Section 8298, is qualified to serve as a program director. See California Education Code 8205
Project: means construction, expansion, remodeling, renovation, furnishing, or equipping, or funding, financing, or refinancing of a health facility or acquisition of a health facility to be financed or refinanced with funds provided in whole or in part pursuant to this part. See California Government Code 15432
Project: means the property and the buildings on the property bounded by 10th, 11th, N, and O Streets in the City of Sacramento, consisting of two connecting buildings located at 1020 N Street and 1021 O Street in the City of Sacramento, and the remodeling and rehabilitation of these buildings or destruction and removal of these buildings and the construction of new buildings on this property for use as legislative office facilities, and includes all aspects of the project from initial planning to completion and occupancy by the Legislature. See California Government Code 9117
Property: includes real and personal property. See California Code of Civil Procedure 872.010
property: includes property real and personal. See California Civil Code 14
Property: includes real and personal property and any interest therein. See California Family Code 113
proponent of the petition: means the following:
California Government Code 7924.105
Proposed action: means a proposal to adopt or amend all or part of a general or specific plan or to adopt or amend a zoning ordinance, but does not include action taken by an ordinance that became effective immediately pursuant to subdivision (b) or (d) of Section 25123 or pursuant to Section 65858. See California Government Code 65919
Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
psychiatric technician: means any person who, for compensation or personal profit, implements procedures and techniques that involve understanding of cause and effect and that are used in the care, treatment, and rehabilitation of mentally ill or emotionally disturbed persons, or persons with intellectual disabilities, and who has one or more of the following:
California Business and Professions Code 4502
Public accountants: means certified public accountants, or state licensed public accountants. See California Education Code 8335
public agency: means any state or local agency. See California Government Code 7920.525
Public debt: Cumulative amounts borrowed by the Treasury Department or the Federal Financing Bank from the public or from another fund or account. The public debt does not include agency debt (amounts borrowed by other agencies of the Federal Government). The total public debt is subject to a statutory limit.
Public defender: Represent defendants who can't afford an attorney in criminal matters.
Public facilities: includes public improvements, public services, and community amenities. See California Government Code 66000
Public facilities: means public facilities, as defined in Section 66000. See California Government Code 66010
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 any public library as defined in this code, or any county law library established pursuant to Chapter 5 (commencing with Section 6300) of Division 3 of . See California Education Code 19307
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
Pupil: means a person under 18 years of age who is matriculated in a course of instruction in an educational institution within the scope of Section 32255. See California Education Code 32255
Purchase: means "buy" as defined in Section 24. See California Fish and Game Code 68
qualified manager: means the individual under whose direction, control, charge, or management the business of a licensee is operated, who has qualified pursuant to Section 7582. See California Business and Professions Code 7580.7 v2
Qualified medical evaluator: means physicians appointed by the administrative director pursuant to Section 139. See California Labor Code 110
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
quasi-public entity: means :
California Code of Civil Procedure 1245.320
readjusted amount of any other tax resulting from supplemental unsecured property tax levies: shall mean the difference in any other tax levy between the amount that would have been levied had Article XIII?A applied to the 1978-79 unsecured property tax roll and the amount levied using the 1977-78 secured roll property tax rate. See California Revenue and Taxation Code 37
Recaptured: means those moneys that are returned to a district or the state board by a grantee because that grantee did not meet contractual obligations. See California Health and Safety Code 44275
Recess: A temporary interruption of the legislative business.
Reconstruction: means the reconstruction of the real property, or portion thereof, where the property after reconstruction is substantially equivalent to the property prior to damage or destruction. See California Government Code 66010
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}
Recreational off-highway vehicle: means a motor vehicle meeting all of the following criteria:
California Vehicle Code 500
region: means the region described in this section. See California Government Code 66502
regional agency: means the agency responsible for preparation of the regional transportation improvement program. See California Government Code 65088.1
Regulations: means the rules and regulations set forth in Division 20 (commencing with Section 2000) of Title 16 of the California Code of Regulations. See California Business and Professions Code 4810
related services: means transportation, and such developmental, corrective, and other supportive services (including speech-language pathology and audiology services, interpreting services, psychological services, physical and occupational therapy, recreation, including therapeutic recreation, social work services, school nurse services designed to enable an individual with exceptional needs to receive a free appropriate public education as described in the individualized education program of the child, counseling services, including rehabilitation counseling, orientation, and mobility services, and medical services, except that such medical services shall be for diagnostic and evaluation purposes only) as may be required to assist an individual with exceptional needs to benefit from special education, and includes the early identification and assessment of disabling conditions in children. See California Education Code 56363
Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
Remainder: includes reversion, reversionary interest, right of entry, and executory interest. See California Code of Civil Procedure 872.010
Remainderman: One entitled to the remainder of an estate after a particular reserved right or interest, such as a life tenancy, has expired.
Remand: When an appellate court sends a case back to a lower court for further proceedings.
remittance processing and cashiering: means receiving, batching, balancing, and depositing remittances. See California Revenue and Taxation Code 38
Repairperson: means any person engaged in the business of repairing general aviation aircraft. See California Business and Professions Code 9790
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
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.
rescue team: means a special group of physicians and surgeons, nurses, volunteers, or employees of the owners or operators of the authorized emergency vehicle who have been trained in cardiopulmonary resuscitation and have been designated by the owners or operators of the emergency vehicle to attempt to resuscitate persons who are in immediate danger of loss of life in cases of emergency. See California Vehicle Code 165.5
Resident: means any person who has resided continuously in the State of California for six months or more immediately prior to the date of application for a license or permit, any person on active military duty with the Armed Forces of the United States or auxiliary branch thereof, or any person enrolled in the Job Corps established pursuant to former Section 2883 of Title 29 of the United States Code. See California Fish and Game Code 70
Residential development: means a project containing residential dwellings, including mobilehomes, of one or more units or a subdivision of land for the purpose of constructing one or more residential dwelling units. See California Government Code 65973
Respondent: includes defendant, where appropriate. See California Family Code 127
Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
Restriction on transfer: means a provision in a lease that restricts the right of transfer of the tenant's interest in the lease. See California Civil Code 1995.020
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 presented to the appropriate person in person, or postmarked, before the expiration of the specified time period. See California Family Code 359
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
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
School district: includes county offices of education. See California Education Code 8971
Schoolbus project: means the purchase of new schoolbuses or the repower or retrofit of emissions control equipment for existing schoolbuses. See California Health and Safety Code 44275
season: means "open season. See California Fish and Game Code 62
Secretary: means the Secretary of Labor and Workforce Development. See California Labor Code 19.5
Self-help rehabilitation: means the process engaged in by self-help rehabilitators in the rehabilitation, renovation or improvement of their principal residences. See California Health and Safety Code 50692
Sell: includes offer for sale, expose for sale, possess for sale, exchange, barter, or trade. See California Food and Agricultural Code 44
Sell: includes offer or possess for sale, barter, exchange, or trade. See California Fish and Game Code 75
semitrailer: is a vehicle designed for carrying persons or property, used in conjunction with a motor vehicle, and so constructed that some part of its weight and that of its load rests upon, or is carried by, another vehicle. See California Vehicle Code 550
Service credit: means the aggregate of certified service credit. See California Government Code 50952
Service of process: The service of writs or summonses to the appropriate party.
Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
Site supervisor: means a person who, regardless of their title, has operational program responsibility for an early childhood program at a single site. See California Education Code 8205
SLIAG: means the State Legalization Impact-Assistance Grants as set forth in Section 204 of the Immigration Reform and Control Act of 1986, (Sec. See California Education Code 52651
Sole ownership: The type of property ownership in which one individual holds legal title to the property and has full control of it.
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 Government Code 12.2
Spouse: includes "registered domestic partner" as required by §. See California Labor Code 12.2
Spouse: includes "registered domestic partner" as required by Section 297. See California Family Code 143
Standard reimbursement rate: means the reimbursement rate applicable to California state preschool programs pursuant to Section 8242. See California Education Code 8205
Startup costs: means those expenses an agency incurs in the process of opening a new or additional facility before the full enrollment of children. See California Education Code 8205
State: means the State of California, unless applied to the different parts of the United States. See California Health and Safety Code 23
State: means 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 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 highway: means any highway which is acquired, laid out, constructed, improved or maintained as a State highway pursuant to constitutional or legislative authorization. See California Streets and Highways Code 24
Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
stock: means a species, subspecies, geographical grouping, or other category of fish capable of management as a unit. See California Fish and Game Code 98.5
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
Subpoena: A command to a witness to appear and give testimony.
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 Streets and Highways Code 18
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 Fish and Game Code 81
Summons: Another word for subpoena used by the criminal justice system.
Superintendent: means the Superintendent of Public Instruction. See California Education Code 52651
supervision: means responsibility for, and control of, the quality of mental health and related services provided by the supervisee. See California Business and Professions Code 4980.43.1
Supervision: includes , but is not limited to, all of the following:
California Business and Professions Code 4996.20 v2
Supervisor: as used in this chapter , means an individual who meets all of the following requirements:
California Business and Professions Code 4980.03
supplemental unsecured property tax levies: shall mean that amount of property tax levied by any city, county, city and county, and special district which is attributable to that portion of the property tax rate levied on the unsecured roll for the 1978-79 tax year, less the rate for voter-approved indebtedness, which is in excess of four dollars ($4) per one hundred dollars ($100) of assessed value. See California Revenue and Taxation Code 37
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
Support order: means a judgment or order of support in favor of an obligee, whether temporary or final, or subject to modification, termination, or remission, regardless of the kind of action or proceeding in which it is entered. See California Family Code 155
Support services: means those services that, when combined with preschool services, help promote the healthy physical, mental, social, and emotional growth of children. See California Education Code 8205
Take: means hunt, pursue, catch, capture, or kill, or attempt to hunt, pursue, catch, capture, or kill. See California Fish and Game Code 86
tax expenditure: means a credit, deduction, exclusion, exemption, or any other tax benefit as provided for by the state. See California Revenue and Taxation Code 41
tax obligation: means the tax imposed under, or in accordance with, Part 1 (commencing with Section 6001), Part 1. See California Business and Professions Code 31
Teacher: means a person with the appropriate permit issued by the Commission on Teacher Credentialing who provides program supervision and instruction that includes supervision of a number of aides, volunteers, and groups of children. See California Education Code 8205
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 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 subtenant or assignee. See California Civil Code 1995.020
Testate: To die leaving a will.
Testify: Answer questions in court.
Testify: includes any mode of oral statement made under oath or affirmation. See California Code of Civil Procedure 17
Testimony: Evidence presented orally by witnesses during trials or before grand juries.
Three-year-old children: means children who will have their third birthday on or before December 1 of the fiscal year in which they are enrolled in a California state preschool program. See California Education Code 8205
Title report: includes a preliminary report, guarantee, binder, or policy of title insurance. See California Code of Civil Procedure 872.010
Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
Town: includes "unincorporated town" and "village. See California Government Code 21
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
Trainee: as used in this chapter , means an unlicensed person who is currently enrolled in a master's or doctoral degree program, as specified in Sections 4980. See California Business and Professions Code 4980.03
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.
transporter: is a person engaged in the business of moving any owned or lawfully possessed vehicle by lawful methods over the highways for the purpose of delivery of such vehicles to dealers, sales agents of a manufacturer, purchasers, or to a new location as requested by the owner. See California Vehicle Code 645
Treasurer: means the Treasurer of the State of California. See California Government Code 9117
Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
trip: means a one-direction vehicle movement. See California Government Code 65088.1
Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. ^{Source: OCC}
Trustor: The person who makes or creates a trust. Also known as the grantor or settlor.
Tulare Lake basin: means the Tulare Lake Hydrologic Region as defined in the California Water Plan Update 2009, prepared by the Department of Water Resources pursuant to Chapter 1 (commencing with Section 10004) of Part 1. 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}
Uphold: The decision of an appellate court not to reverse a lower court decision.
Urban area: means a developed area in which there are 10,000 residents or more. See California Government Code 65007
Urbanizing area: means a developed area or an area outside a developed area that is planned or anticipated to have 10,000 residents or more within the next 10 years. See California Government Code 65007
Usury: Charging an illegally high interest rate on a loan. ^{Source: OCC}
Utility-terrain vehicle: means a motor vehicle subject to subdivision (a) of Section 38010 that is all of the following:
California Vehicle Code 531
vehicle: is a device by which any person or property may be propelled, moved, or drawn upon a highway, excepting a device moved exclusively by human power or used exclusively upon stationary rails or tracks. See California Vehicle Code 670
Venue: The geographical location in which a case is tried.
Verdict: The decision of a petit jury or a judge.
Violation: includes a failure to comply with any requirement of the code. See California Labor Code 22
Volunteer: means a person registered as a volunteer member of a regularly organized fire department as defined in subdivision (k). See California Government Code 50952
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
Working capital: means moneys to be used by, or on behalf of, a participating health institution 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 health facility, including, but not limited to, reserves for maintenance or operation expenses, interest for not to exceed two years on any loan for working capital made pursuant to this part, and reserves for debt service with respect to, and any costs necessary or incidental to, that financing. See California Government Code 15432
Writ: A formal written command, issued from the court, requiring the performance of a specific act.
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: means any handwriting, typewriting, printing, photostating, photographing, photocopying, transmitting by electronic mail or facsimile, and every other means of recording upon any tangible thing any form of communication or representation, including letters, words, pictures, sounds, or symbols, or combinations thereof, and any record thereby created, regardless of the manner in which the record has been stored. See California Government Code 7920.545
Writing: means handwriting, typewriting, printing, photostating, photographing, and every other means of recording upon any form of communication or representation, including letters, words, pictures, sounds, or symbols, or combination thereof, and all papers, maps, magnetic or paper tapes, photographic films and prints, magnetic or punched cards, discs, drums, and other documents. See California Government Code 9072
Writing: includes printing and typewriting. See California Code of Civil Procedure 17

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California Codes > Code of Civil Procedure > Part 2 > Title 10.5 – PARTITION OF REAL AND PERSONAL PROPERTY

Terms Used In California Codes > Code of Civil Procedure > Part 2 > Title 10.5 - PARTITION OF REAL AND PERSONAL PROPERTY

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