California Codes > Code of Civil Procedure > Part 2 > Title 14 – OF MISCELLANEOUS PROVISIONS


Chapter 1	Proceedings Against Joint Debtors
Chapter 2	Bonds and Undertakings
Chapter 3	Offers by a Party to Compromise
Chapter 3.2	Time-Limited Demands
Chapter 3.5	Confidential Settlement Agreements
Chapter 3.6	Agreements Settling Employment Disputes
Chapter 3.7	Enrollment Agreements
Chapter 4	Motions and Orders
Chapter 5	Notices, and Filing and Service of Papers
Chapter 6	Of Costs
Chapter 7	General Provisions
Chapter 8	Declaratory Relief
Chapter 9	Actions to Enforce Real Property and Mobilehome Sales Agreements
Chapter 10	Computer Assistance

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Terms Used In California Codes > Code of Civil Procedure > Part 2 > Title 14 - OF MISCELLANEOUS PROVISIONS

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
Achievement level descriptors: means a narrative description of the knowledge, skills, and processes expected of pupils at different grade levels and at different performance levels on achievement tests. See California Education Code 60603
Achievement test: means any summative standardized test that measures the level of performance that a pupil has achieved on state-adopted content standards. See California Education Code 60603
Acquittal:
1. Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
2. A verdict of "not guilty."
Acupuncture: means the stimulation of a certain point or points on or near the surface of the body by the insertion of needles to prevent or modify the perception of pain or to normalize physiological functions, including pain control for the treatment of certain diseases or dysfunctions of the body, and includes the techniques of electroacupuncture, cupping, and moxibustion. See California Business and Professions Code 4927
Acupuncture assistant: means a person who, without a license, may perform basic supportive acupuncture procedures under the supervision and order of an acupuncturist. See California Business and Professions Code 4927
Acupuncturist: means an individual to whom a license has been issued to practice acupuncture pursuant to this chapter, which is in effect and is not suspended or revoked. See California Business and Professions Code 4927
Adjournment sine die: The end of a legislative session "without day." These adjournments are used to indicate the final adjournment of an annual or the two-year session of legislature.
Administration and implementation of the child and spousal support enforcement program: as used in this division , means the carrying out of the state and local plans for establishing, modifying, and enforcing child support obligations, enforcing spousal support orders, and determining paternity pursuant to Part D (commencing with Section 651) of Subchapter IV of Chapter 7 of Title 42 of the United States Code and this article. See California Family Code 17212
Admissions data: means information from the most recently enrolled fall semester class including the total number of applications, the total number of accepted students, and the 75th, 50th, and 25th percentile scores for the undergraduate grade point averages and law school admission test scores of admitted students. See California Education Code 67102
Advertise: 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 or magazine or in any directory, or any printed matter whatsoever, with or without any limiting qualification. See California Business and Professions Code 4980.03
Advertisement: means :
California Business and Professions Code 7590.1
Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
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.
Agency: means the Labor and Workforce Development Agency. See California Labor Code 18.5
Agreement: includes , but is not limited to, agreements providing for valuations, appraisals, and similar proceedings and agreements between employers and employees or between their respective representatives. See California Code of Civil Procedure 1280
Alarm agent: means a person employed by an alarm company operator whose duties, being physically conducted within the state, include selling on premises, altering, installing, maintaining, moving, repairing, replacing, servicing, responding, or monitoring an alarm system, and those ancillary devices connected to and controlled by the alarm system, including supplementary smoke detectors, or a person who manages or supervises a person employed by an alarm company to perform any of the duties described in this subdivision or any person in training for any of the duties described in this subdivision. See California Business and Professions Code 7590.1
Alarm system: means an assembly of equipment and devices arranged to detect a hazard or signal the presence of an off-normal situation. See California Business and Professions Code 7590.1
Allegation: something that someone says happened.
Ammunition: means one or more loaded cartridges consisting of a primed case, propellant, and with one or more projectiles. See California Labor Code 9151
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
Anniversary date: means the anniversary of the date on which zoning is established pursuant to Section 51112 or 51113 takes effect. See California Government Code 51104
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.
Appeals board: means the Workers' Compensation Appeals Board. See California Labor Code 6101
Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
applicant: includes an indigent person appearing pro se to represent themself at any stage of the case and applying to receive funds from the Transcript Reimbursement Fund established in Section 8030. See California Business and Professions Code 8030.4
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
applicator: refers to "structural pest control applicator. See California Business and Professions Code 8507.1
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
Arrest: Taking physical custody of a person by lawful authority.
assessed value: means 25 percent of full value to, and including, the 1980-81 fiscal year, and 100 percent of full value for the 1981-82 fiscal year and fiscal years thereafter. See California Government Code 25
assessment: as used in this chapter , shall have the same meaning as the term "evaluation" in the Individuals with Disabilities Education Act, as provided in Section 1414 of Title 20 of the United States Code. See California Education Code 56302.5
assessment level: means the estimated gross dollar amount received by assessment from all assessed businesses on an annual basis, and "assessment formula" means the allocation method used within each industry segment (for example, percentage of gross revenue or percentage of transaction charges). See California Government Code 13995.60
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.
Authority: means the Monterey County Special Health Care Authority. See California Health and Safety Code 101560
Authority: means the Santa Barbara San Luis Obispo Regional Health Authority. See California Health and Safety Code 101685
Award: includes , but is not limited to, an award made pursuant to an agreement not in writing. See California Code of Civil Procedure 1280
axle: is a structure or portion of a structure consisting of one or more shafts, spindles, or bearings in the same vertical transverse plane by means of which, in conjunction with wheels mounted on said shafts, spindles, or bearings, a portion of the weight of a vehicle and its load, if any, is continuously transmitted to the roadway when the vehicle is in motion. See California Vehicle Code 230
bait net: means a lampara or round haul type net, the mesh of which is constructed of twine not exceeding Standard No. See California Fish and Game Code 8780
Bar passage data: means the most current cumulative bar pass rates defined and reported by the examining committee of the State Bar. See California Education Code 67102
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.
Basic supportive acupuncture service: means any of the following:
California Business and Professions Code 4927
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.
Bird: means a wild bird or part of a wild bird. See California Fish and Game Code 22
Blank: means a cartridge consisting of a primer cap, a shell case, and a quantity of gunpowder, but that does not contain a projectile. See California Labor Code 9151
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 Wildlife Conservation Board. See California Fish and Game Code 1452
Board: means the State Water Resources Control Board. See California Water Code 13959
Board: means the State Water Resources Control Board. See California Water Code 13999.2
Board: means the Central Valley Flood Protection Board. See California Water Code 12980
Board: includes "bureau" "commission" "committee" "department" "division" "examining committee" "program" and "agency. See California Business and Professions Code 477
Board: means the Veterinary Medical Board. See California Business and Professions Code 4810
Board: means the Acupuncture Board. See California Business and Professions Code 4927
Board: as used in this chapter , means the Board of Behavioral Sciences. See California Business and Professions Code 4980.03
Board: means State Allocation Board. See California Government Code 15501
Board: means the State Public Works Board. See California Education Code 67352
Board: means the Monterey County Special Health Care Authority Board. See California Health and Safety Code 101560
Board: means the Santa Barbara San Luis Obispo Regional Health Authority Board of Directors. See California Health and Safety Code 101685
Board: means the State Allocation Board. See California Education Code 17087
Board: means the board of supervisors of a county or city and county, whether general law or chartered, which establishes or proposes to establish a timberland production zone pursuant to this chapter. See California Government Code 51104
Board: means the California Victim Compensation Board. See California Government Code 13951
Branch office: means any location, other than the principal place of business of the licensee, which is licensed as set forth in Article 11 (commencing with Section 7599. See California Business and Professions Code 7590.1
Branch office manager: means an individual designated by the qualified manager to manage the licensee's branch office and who has met the requirements as set forth in Article 11 (commencing with Section 7599. See California Business and Professions Code 7590.1
Bureau: means the Bureau of Security and Investigative Services. See California Business and Professions Code 7590.1
bus: is a ny vehicle, including a trailer bus, designed, used, or maintained for carrying more than 15 persons including the driver. See California Vehicle Code 233
business: includes a proprietorship, partnership, corporation, and any other form of commercial enterprise. See California Vehicle Code 234
Bycatch: includes discards. See California Fish and Game Code 90.5
California deserts region: includes the portions of the Mojave and Colorado Deserts, across 26,000,000 acres of southeastern California lying within the Counties of Imperial, Inyo, Kern, Los Angeles, Mono, Riverside, San Bernardino, and San Diego that is within the California Desert Conservation Area as that area was delineated in the map and legal description of the California Desert Conservation Area prepared by the United States Secretary of the Interior pursuant to Section 1781(c) of Title 43 of the United States Code, as that map and legal description was in effect on December 31, 2020, and the portions of the Bureau of Land Management's Bakersfield and Bishop Resource Management Plans, as amended by the Record of Decision, dated September 14, 2016, of the Desert Renewable Energy Conservation Plan Land Use Plan Amendment. See California Fish and Game Code 1452
camper: is a structure designed to be mounted upon a motor vehicle and to provide facilities for human habitation or camping purposes. See California Vehicle Code 243
Case: means a single legal proceeding from its inception, through all levels of hearing, trial, and appeal, until its ultimate conclusion and disposition. See California Business and Professions Code 8030.4
Case law: The law as laid down in cases that have been decided in the decisions of the courts.
Certificate: means a valid certificate issued by the council pursuant to this chapter. See California Business and Professions Code 4601
Certified shorthand reporter: means a shorthand reporter certified pursuant to Article 3 (commencing with Section 8020) performing shorthand reporting services pursuant to Section 8017. See California Business and Professions Code 8030.4
Chambers: A judge's office.
Chief: means the Chief of the Bureau of Security and Investigative Services. See California Business and Professions Code 7590.1
city: means the county or city having jurisdiction over the land. See California Government Code 51104
City: means any city or city and county. See California Government Code 51190
City: includes "city and county" and "incorporated town" but does not include "unincorporated town" or "village. See California Government Code 20
City: includes city and county and "incorporated town" but does not include "unincorporated town" or "village. See California Public Utilities Code 19
City: includes every city and city and county within this State. See California Vehicle Code 255
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 Historic State Capitol Commission created by Section 9149. See California Government Code 9149.1
commission: means the Student Aid Commission created by this article. See California Education Code 69515
Commission: means the Public Utilities Commission created by §. See California Public Utilities Code 20
Commission: means the Fish and Game Commission, and "commissioner" means a member of the Fish and Game Commission. See California Fish and Game Code 30
Commissioner: means the Labor Commissioner. See California Labor Code 2100
Commissioner: means any county agricultural commissioner. See California Food and Agricultural Code 26
Committee: means the Safe Drinking Water Finance Committee created by Section 13816. See California Water Code 13815
Committee: means the Safe Drinking Water Finance Committee, created by Section 13858. See California Water Code 13857
Committee: means the Safe Drinking Water Finance Committee created by Section 13895. See California Water Code 13895.5
Committee: means the Clean Water and Water Conservation Finance Committee created by Section 13960. See California Water Code 13959
Committee: means the Clean Water Finance Committee created by Section 13999. See California Water Code 13999.2
committee: means the California group composed of union, guild, and employer representatives that establishes safety guidelines for motion picture production and that meets regularly. See California Labor Code 9151
Committee: means the Higher Education Facilities Finance Committee, created pursuant to Section 67353. See California Education Code 67352
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 advisory board: means that advisory board to the authority's board appointed by the Monterey County Board of Supervisors which is comprised of 15 persons who represent community and consumer interests and who do not directly earn their income from the provision of medical or health services. See California Health and Safety Code 101560
Community advisory boards: means advisory boards to the authority's board appointed by the board of directors of the authority which shall consist of persons who represent community and consumer interests and who do not directly earn their income from the provision of medical health services. See California Health and Safety Code 101685
Community estate: includes both community property and quasi-community property. See California Family Code 63
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.
compliance audit: means an audit that ascertains and verifies whether or not funds provided through apportionment, contract, or grant, either federal or state, have been properly disbursed and expended as required by law or regulation or both and includes the verification of each of the following:
California Education Code 14501
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.
Consortium: means a multistate collaborative organized to develop a comprehensive system of assessments or formative tools such as described in Section 60605. See California Education Code 60603
Construction: means any one or more of the following: preliminary planning to determine the feasibility of treatment works, engineering, architectural, legal, fiscal, or economic investigations or studies, surveys, designs, plans, working drawings, specifications, procedures, or other necessary actions, erection, building, acquisition, alteration, remodeling, improvement, or extension of treatment works, or the inspection or supervision of any of the foregoing items. See California Water Code 13959
Construction: includes acquisition by purchase. See California Education Code 17110
Contamination: includes any equivalent effect resulting from the disposal of waste, whether or not waters of the state are affected. See California Water Code 13050
Content standards: means the specific academic knowledge, skills, and abilities that all public schools in this state are expected to teach, and all pupils are expected to learn, in reading, writing, mathematics, history-social science, world languages, visual and performing arts, and science, at each grade level tested. See California Education Code 60603
Continuance: Putting off of a hearing ot trial until a later time.
Controversy: means any question arising between parties to an agreement whether the question is one of law or of fact or both. See California Code of Civil Procedure 1280
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
Council: means the city council of a city, whether general law or chartered, which establishes or proposes to establish a timberland production zone pursuant to this chapter. See California Government Code 51104
Counterclaim: A claim that a defendant makes against a plaintiff.
County: means the County of Monterey. See California Health and Safety Code 101560
County: includes "city and county. See California Code of Civil Procedure 17
County: includes city and county. See California Food and Agricultural Code 29
County: includes "city and county. See California Labor Code 14
County: includes city and county. See California Public Utilities Code 18
County: includes every county and city and county within this State. See California Vehicle Code 270
County: includes city and county. See California Water Code 14
County: includes city and county. See California Fish and Game Code 32
Court reporter: A person who makes a word-for-word record of what is said in court and produces a transcript of the proceedings upon request.
Credit Score: A number, roughly between 300 and 800, that measures an individual's credit worthiness. The most well-known type of credit score is the FICO score. This score represents the answer from a mathematical formula that assigns numerical values to various pieces of information in your credit report. ^{Source: OCC}
Crime: includes an act of terrorism, as defined in Section 2331 of Title 18 of the United States Code, committed against a resident of the state, whether or not the act occurs within the state. See California Government Code 13951
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
Deadly weapon: means and includes any instrument or weapon of the kind commonly known as a blackjack, slungshot, billy, sandclub, sandbag, or metal knuckles. See California Business and Professions Code 7590.1
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.
Defense attorney: Represent defendants in criminal matters.
Defined time period: means any unit of time measurement equal to or less than the duration of an employee's shift, and includes hours, minutes, and seconds and any fraction thereof. See California Labor Code 2100
Delta: means the Sacramento-San Joaquin Delta as described in Section 12220. See California Water Code 12980
Department: means the Department of Fish and Wildlife. See California Fish and Game Code 1452
Department: means the Department of Water Resources. See California Water Code 13815
Department: means the Department of Water Resources. See California Water Code 13857
Department: means the Department of Water Resources. See California Water Code 13881
Department: means the Department of Water Resources. See California Water Code 13895.5
Department: means the Department of Water Resources. See California Water Code 13999.2
Department: means the Department of Consumer Affairs. See California Business and Professions Code 7590.1
Department: means the Department of Industrial Relations. See California Labor Code 6302
Department: means the Department of Food and Agriculture. See California Food and Agricultural Code 32
department: means State Department of Health Services. See California Health and Safety Code 20
Department: means Department of Industrial Relations. See California Labor Code 19
Department: means the Department of Motor Vehicles except, when used in Chapter 2 (commencing with Section 2100) of Division 2 and in Divisions 11 (commencing with Section 21000), 12 (commencing with Section 24000), 13 (commencing with Section 29000), 14 (commencing with Section 31600), 14. See California Vehicle Code 290
Department: means the Department of Fish and Wildlife. See California Fish and Game Code 37
Dependent: A person dependent for support upon another.
Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
Derivative victim: means an individual who sustains pecuniary loss as a result of injury or death to a victim. See California Government Code 13951
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
Developmentally Disabled Assistance Act: means the Developmentally Disabled Assistance and Bill of Rights Act of 1975 (Public Law 94-103), as amended. See California Business and Professions Code 8030.4
Devise: To gift property by will.
Digital signature: means an electronic identifier, created by computer, intended by the party using it to have the same force and effect as the use of a manual signature. See California Government Code 16.5
Director: means the Director of Consumer Affairs. See California Business and Professions Code 7590.1
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 Fish and Wildlife. See California Fish and Game Code 39
Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
distributor: is a ny person other than a manufacturer who sells or distributes new vehicles subject to registration under this code, new trailers subject to identification pursuant to Section 5014. See California Vehicle Code 296
District: means fish and game district. See California Fish and Game Code 41
Division: means the Division of Occupational Safety and Health. See California Labor Code 2100
Division: means the Division of Occupational Safety and Health. See California Labor Code 9151
Division: means the Division of Occupational Safety and Health. See California Labor Code 6302
Docket: A log containing brief entries of court proceedings.
Domestic water system: means a system for the provision to the public of piped water for human consumption, if the system has at least 15 service connections or regularly supplies water to at least 25 individuals. See California Water Code 13815
Domestic water system: means a system for the provision to the public of piped water for human consumption, if such system has at least 15 service connections or regularly supplies water to at least 25 individuals. See California Water Code 13857
Domestic water system: means a system for the provision to the public of piped water for human consumption, if such system has at least 15 service connections or regularly supplies water to at least 25 individuals. See California Water Code 13881
Domestic water system: means a system for the provision to the public of piped water for human consumption, if the system has at least five service connections or regularly supplies water to at least 25 individuals. See California Water Code 13895.5
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
Eligible project: means a project for the construction of treatment works which is all of the following:
California Water Code 13959
Eligible project: means a project for the construction of treatment works which is all of the following:
California Water Code 13999.2
Eligible state assisted project: means a project for the construction of treatment works which is all of the following:
California Water Code 13959
Eligible water reclamation project: means a water reclamation project which is cost-effective when compared to the development of other new sources of water, and for which no federal assistance is currently available. See California Water Code 13999.2
Employee: means a nonexempt employee who works at a warehouse distribution center. See California Labor Code 2100
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 7590.1
Employee benefit plan: includes public and private retirement, pension, annuity, savings, profit sharing, stock bonus, stock option, thrift, vacation pay, and similar plans of deferred or fringe benefit compensation, whether of the defined contribution or defined benefit type whether or not such plan is qualified under the Employee Retirement Income Security Act of 1974 (P. See California Family Code 80
Employee work speed data: means information an employer collects, stores, analyzes, or interprets relating to an individual employee's performance of a quota, including, but not limited to, quantities of tasks performed, quantities of items or materials handled or produced, rates or speeds of tasks performed, measurements or metrics of employee performance in relation to a quota, and time categorized as performing tasks or not performing tasks. See California Labor Code 2100
Employer: means a person who directly or indirectly, or through an agent or any other person, including through the services of a third-party employer, temporary service, or staffing agency or similar entity, employs or exercises control over the wages, hours, or working conditions of 100 or more employees at a single warehouse distribution center or 1,000 or more employees at one or more warehouse distribution centers in the state. See California Labor Code 2100
Employer: means an employer engaged in producing a motion picture production. See California Labor Code 9151
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 7590.1
employer: means :
California Labor Code 3300
Employment outcomes for graduates: means the results of a survey by the law school, taken three years after graduation, that breaks down the employment rate of graduates in each of the first three years after graduation, including the rate of employment of graduates in jobs where a juris doctor degree is required by the employer and the rate of employment of graduates in jobs where a juris doctor degree is an advantage in employment. See California Education Code 67102
Enrollment data: means information about the number of students who are admitted to the school per class per year for the past three years, the number of students who transfer to and from the school per class per year for the past three years, and the number of students who do not continue to attend the school each year for the past three years on either a voluntary or involuntary basis. See California Education Code 67102
Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
Escrow: Money given to a third party to be held for payment until certain conditions are met.
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
Ex officio: Literally, by virtue of one's office.
Executive session: A portion of the Senate's daily session in which it considers executive business.
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
Factory-built housing: is a structure as defined in §. See California Vehicle Code 321
Federal assistance: means funds available, or which may become available, to a supplier either directly or through allocation by the state from the federal government as grants or loans for the improvement of domestic water systems. See California Water Code 13815
Federal assistance: means funds available or which may become available to a supplier either directly or through allocation by the state, from the federal government as grants or loans for the improvement of domestic water systems. See California Water Code 13857
Federal assistance: means funds available, or which may become available, to a supplier either directly or through allocation by the state from the federal government as grants or loans for the improvement of domestic water systems. See California Water Code 13895.5
Federal assistance: means funds available to a municipality either directly or through allocation by the state, from the federal government as grants for construction of treatment works, pursuant to Title II of the Federal Water Pollution Control Act, and acts amendatory thereof or supplementary thereto. See California Water Code 13959
Federal assistance: means funds available to a municipality, either directly or through allocation by the state, from the federal government to construct treatment works pursuant to the federal Clean Water Act. See California Water Code 13999.2
Federal Deposit Insurance Corporation: A government corporation that insures the deposits of all national and state banks that are members of the Federal Reserve System. ^{Source: OCC}
Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
Fee-generating case: means any case or matter that, if undertaken on behalf of an eligible client by an attorney in private practice, reasonably may be expected to result in payment of a fee for legal services from an award to a client, from public funds, or from an opposing party. See California Business and Professions Code 8030.4
field representative: refers to "structural pest control field representative. See California Business and Professions Code 8507
Field test: means an assessment or assessment items administered to a representative sample of a population to ensure that the test or item produces results that are valid, reliable, and fair. See California Education Code 60603
Filming activities: includes principal photography and any subsequent filming, such as reshoots or additional scenes, as well as the construction and breakdown of sets and loading equipment, but does not include postproduction activity, including, but not limited to, editing, sound mixing, additional dialogue, or visual effects unrelated to reshoots. See California Labor Code 9151
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}
Firearm: means a device, designed to expel through a barrel a projectile by the force of an explosion or other form of combustion, including the frame or receiver of the device. See California Labor Code 9151
Fish: means a wild fish, mollusk, crustacean, invertebrate, amphibian, or part, spawn, or ovum of any of those animals. See California Fish and Game Code 45
Fish passage guidelines: means those guidelines specified in the department's California Salmonid Stream Habitat Restoration Manual and the National Marine Fisheries Service, Southwest Region, Guidelines for Salmonid Passage at Stream Crossings, and subsequent amendments or updates to either document. See California Fish and Game Code 1651
Fishery: means both of the following:
California Fish and Game Code 94
Floor leaders: The Majority Leader and Minority Leader are elected by their respective party conferences to serve as the chief Senate spokesmen for their parties and to manage and schedule the legislative and executive business of the Senate. By custom, the Presiding Officer gives the floor leaders priority in obtaining recognition to speak on the floor of the Senate.
for hire: means that the entity providing transportation services is compensated for the transportation under contract or agreement. See California Vehicle Code 462
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
franchise: is a written agreement between two or more persons having all of the following conditions:
California Vehicle Code 331
franchisee: is a ny person who, pursuant to a franchise, receives new motor vehicles subject to registration under this code, new off-highway motorcycles, as defined in Section 436, new all-terrain vehicles, as defined in Section 111, or new trailers subject to identification pursuant to Section 5014. See California Vehicle Code 331.1
franchisor: is a ny person who manufactures, assembles, or distributes new motor vehicles subject to registration under this code, new off-highway motorcycles, as defined in Section 436, new all-terrain vehicles, as defined in Section 111, or new trailers subject to identification pursuant to Section 5014. See California Vehicle Code 331.2
Fraud: Intentional deception resulting in injury to another.
Fund: means the California Safe Drinking Water Fund. See California Water Code 13815
Fund: means the California Safe Drinking Water Fund. See California Water Code 13857
Fund: means the California Safe Drinking Water Fund created pursuant to Section 13859. See California Water Code 13881
Fund: means the California Safe Drinking Water Fund. See California Water Code 13895.5
Fund: means the State Clean Water and Water Conservation Fund. See California Water Code 13959
Fund: means the 1984 State Clean Water Bond Fund. See California Water Code 13999.2
Fund: means State Compensation Insurance Fund. See California Labor Code 6101
Fund: means the Higher Education Capital Outlay Bond Fund, created pursuant to subdivision (e) of Section 67354. See California Education Code 67352
General public paratransit vehicle: means any motor vehicle designed for carrying no more than 24 persons and the driver, that provides local transportation to the general public, including transportation of pupils at or below the 12th-grade level to or from a public or private school or school activity, under the exclusive jurisdiction of a publicly owned and operated transit system through one of the following modes: dial-a-ride, subscription service, or route-deviated bus service. See California Vehicle Code 336
Germane: On the subject of the pending bill or other business; a strict standard of relevance.
Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
golf cart: is a motor vehicle having not less than three wheels in contact with the ground, having an unladen weight less than 1,300 pounds, which is designed to be and is operated at not more than 15 miles per hour and designed to carry golf equipment and not more than two persons, including the driver. See California Vehicle Code 345
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
Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
Grantor: The person who establishes a trust and places property into it.
Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
Habitat restoration or enhancement project: means a project with the primary purpose of improving fish and wildlife habitat. See California Fish and Game Code 1651
Hazardous substance: means either of the following:
California Water Code 13050
Hazardous waste: means a waste, or combination of wastes, that because of its quantity, concentration, or physical, chemical, or infectious characteristics may do any of the following:
California Health and Safety Code 101075
Health care system: means any system established to arrange for the provision of medical services. See California Health and Safety Code 101560
Health care system: means any system established to arrange for the provision of medical services. See California Health and Safety Code 101685
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
Historic fabric: means original or added building or construction materials, features, and finishes that are deemed by the commission as historically or architecturally significant. See California Government Code 9149.1
Historic State Capitol: means the building housing the state legislative offices and chambers, situated in the area bounded by 10th, L, 15th, and N Streets in the City of Sacramento, including the portions of the State Capitol Building Annex that contain historic fabric, and Capitol Park, provided that Capitol Park shall be included in the historic State Capitol for purposes of this article only upon the adoption by the Joint Rules Committee of a master plan regarding Capitol Park. See California Government Code 9149.1
house car: is a motor vehicle originally designed, or permanently altered, and equipped for human habitation, or to which a camper has been permanently attached. See California Vehicle Code 362
Income and expense declaration: means the form for an income and expense declaration in family law matters adopted by the Judicial Council. See California Family Code 95
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.
Indigent person: means any of the following:
California Business and Professions Code 8030.4
individualized instruction based upon performance criteria: means an educational method in which (a) aptitudes, interests, motivations, and other characteristics of each student play a major role in the selection of educational objectives and the determination of the sequence of study and choice of materials and procedures. See California Education Code 58401
Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
injury: as used in this division , includes cancer, including leukemia, that develops or manifests itself during a period in which any member described in subdivision (a) is in the service of the department or unit, if the member demonstrates that he or she was exposed, while in the service of the department or unit, to a known carcinogen as defined by the International Agency for Research on Cancer, or as defined by the director. See California Labor Code 3212.1
insurance policy: as used in this article means a contract of liability insurance issued by an insurance company authorized to transact business in this state or one issued by a nonadmitted carrier whose activities in this state are controlled by the Surplus Line Association, which insures the policyholder against loss from legal liability for damages on property upon which work is being performed or has been completed, including third-party losses, as a result of an accident or occurrence due to participation in control, prevention, or repair activities that require a license under this chapter. See California Business and Professions Code 8692
Intangible property: Property that has no intrinsic value, but is merely the evidence of value such as stock certificates, bonds, and promissory notes.
Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. ^{Source: OCC}
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 occupancy facilities: means any building constructed pursuant to this chapter which is occupied jointly by a school district and a private entity specified in Section 17811 or one or more buildings which are constructed pursuant to this chapter on the same property used by the district and the private entity, but are not occupied jointly. See California Education Code 17110
Kelp: means kelp or other marine aquatic plants and the seeds thereof. See California Fish and Game Code 51
Labor Commissioner: means Chief of the Division of Labor Standards Enforcement. See California Labor Code 21
Landowner: includes a lessee or trustee, if the expiration of the lease or trust occurs at a time later than the expiration of the restriction of the use of the land to photovoltaic solar facilities or any extension of the restriction. See California Government Code 51190
Law enforcement: means every district attorney, municipal police department, sheriff's department, district attorney's office, county probation department, and social services agency, the Department of Justice, the Department of Corrections, the Department of the Youth Authority, the Department of the California Highway Patrol, the police department of any campus of the University of California, California State University, or community college, and every agency of the State of California expressly authorized by statute to investigate or prosecute law violators. See California Government Code 13951
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.
Lawyer referral service: means a lawyer referral program authorized by the State Bar of California pursuant to the rules of professional conduct. See California Business and Professions Code 8030.4
Legacy: A gift of property made by will.
Legal Services Corporation: means the Legal Services Corporation established under the Legal Services Corporation Act of 1974 (Public Law 93-355), as amended. See California Business and Professions Code 8030.4
Legislative session: That part of a chamber's daily session in which it considers legislative business (bills, resolutions, and actions related thereto).
Lessee: means a school district or county superintendent of schools to whom the board has leased a portable classroom pursuant to this chapter. See California Education Code 17087
Lessor: includes "bailor" and "lease" includes "bailment. See California Vehicle Code 372
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
Licensee: means a business entity, whether an individual, partnership, limited liability company, or corporation licensed under this chapter. See California Business and Professions Code 7590.1
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
listing: as used in this part includes, but is not limited to:
California Business and Professions Code 10027
Local agencies: means cities, counties, housing authorities, districts, and any other local public agencies. See California Government Code 15501
Local agency: means any city, county, district, or other political subdivision of the state which is authorized to maintain levees. See California Water Code 12980
Local agency: means county, city, city and county, including a chartered city or county, a community college district, or other public agency or corporation in this state. See California Government Code 53630
Local educational agency: means a county office of education, school district, state special school, or direct-funded charter school as described in Section 47651. See California Education Code 60603
Majority leader: see Floor Leaders
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 an individual designated under an operating agreement of a manager-managed limited liability company who is responsible for performing the management functions for the limited liability company specified in subdivision (c) of §. See California Business and Professions Code 7590.1
Manufactured home: is a manufactured home, as defined in §. See California Vehicle Code 387
Marine finfish aquaculture: means the propagation, cultivation, or maintenance of finfish species in the waters of the Pacific Ocean that are regulated by this state. See California Fish and Game Code 54.5
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
Matrix sampling: means administering different portions of a single assessment to different groups of pupils for the purpose of sampling a broader representation of content and reducing testing time. See California Education Code 60603
mayor: includes president of the legislative body. See California Government Code 34002
Member: means an individual who is a member of a limited liability company as defined in subdivision (p) of §. See California Business and Professions Code 7590.1
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
Mining waste: means all solid, semisolid, and liquid waste materials from the extraction, beneficiation, and processing of ores and minerals. See California Water Code 13050
Mobilehome: is a structure as defined in §. See California Vehicle Code 396
month: means a calendar month, unless otherwise expressed. See California Civil Code 14
moped: is a two-wheeled or three-wheeled device having fully operative pedals for propulsion by human power, or having no pedals if powered solely by electrical energy, and an automatic transmission and a motor that produces less than 4 gross brake horsepower and is capable of propelling the device at a maximum speed of not more than 30 miles per hour on level ground. See California Vehicle Code 406
Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
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.
Motion picture production: means the development or creation of motion pictures, television programs, streaming productions, commercial advertisements, music videos, or any other moving images, including, but not limited to, productions made for entertainment, commercial, religious, or educational purposes. See California Labor Code 9151
motor vehicle: includes a recreational vehicle as that term is defined in subdivision (a) of §. See California Vehicle Code 415
motor-driven cycle: is a ny motorcycle with a motor that displaces less than 150 cubic centimeters. See California Vehicle Code 405
motorcycle: is a motor vehicle having a seat or saddle for the use of the rider, designed to travel on not more than three wheels in contact with the ground. See California Vehicle Code 400
motorized quadricycle: is a four-wheeled device, and a "motorized tricycle" is a three-wheeled device, designed to carry not more than two persons, including the driver, and having either an electric motor or a motor with an automatic transmission developing less than two gross brake horsepower and capable of propelling the device at a maximum speed of not more than 30 miles per hour on level ground. See California Vehicle Code 407
motorized scooter: is a ny two-wheeled device that has handlebars, has either a floorboard that is designed to be stood upon when riding or a seat and footrests in place of the floorboard, and is powered by an electric motor. See California Vehicle Code 407.5
motortruck: is a motor vehicle designed, used, or maintained primarily for the transportation of property. See California Vehicle Code 410
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
National Bank: A bank that is subject to the supervision of the Comptroller of the Currency. The Office of the Comptroller of the Currency is a bureau of the U.S. Treasury Department. A national bank can be recognized because it must have "national" or "national association" in its name. ^{Source: OCC}
National Credit Union Administration: The federal regulatory agency that charters and supervises federal credit unions. (NCUA also administers the National Credit Union Share Insurance Fund, which insures the deposits of federal credit unions.) ^{Source: OCC}
native plant: means a plant growing in a wild uncultivated state which is normally found native to the plantlife of this state. See California Fish and Game Code 1901
Necessary property: means property to be used for a public use for which the public entity is authorized to acquire property by eminent domain. See California Code of Civil Procedure 1240.310
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
Net long-term habitat improvement: means enhancement of riparian, fisheries, and wildlife habitat. See California Water Code 12980
Neutral arbitrator: means an arbitrator who is (1) . See California Code of Civil Procedure 1280
New motor vehicle dealer: is a dealer, as defined in Section 285, who, in addition to the requirements of that section, either acquires for resale new and unregistered motor vehicles from manufacturers or distributors of those motor vehicles or acquires for resale new off-highway motorcycles, or all-terrain vehicles from manufacturers or distributors of the vehicles. See California Vehicle Code 426
Nonprofit organization: means any private, nonprofit organization that qualifies for exempt status under Section 501(c)(3) of the United States Internal Revenue Code of 1986, and has among its principal charitable purposes the preservation of real property for scientific, historic, educational, recreational, scenic, or open-space values, the protection of the natural environment, or the preservation and enhancement of fisheries and wildlife or their habitat. See California Fish and Game Code 1452
Nonproject levee: means a local flood control levee in the delta that is not a project facility under the State Water Resources Law of 1945, as shown on page 38 of the Department of Water Resources "Sacramento-San Joaquin Delta Atlas" dated 1993. See California Water Code 12980
nonrepairable vehicle: is a vehicle of a type otherwise subject to registration that meets the criteria specified in subdivision (a), (b), or (c). See California Vehicle Code 431
nonrepairable vehicle certificate: is a vehicle ownership document issued to the owner of a nonrepairable vehicle. See California Vehicle Code 432
Nuisance: means anything which meets all of the following requirements:
California Water Code 13050
Nutrition education: means a planned sequential instructional program that provides knowledge and teaches skills to help pupils adopt and maintain lifelong, healthy eating patterns. See California Education Code 8996
Oath: A promise to tell the truth.
Oath: includes affirmation. See California Government Code 15
obligor: means a person owing a duty of support. See California Family Code 17212
Older Americans Act: means the Older Americans Act of 1965 (Public Law 89-73), as amended. See California Business and Professions Code 8030.4
Open season: means that period of time during which the taking of birds, mammals, fish, reptiles, or amphibians is allowed as prescribed in this code and regulations adopted by the commission. See California Fish and Game Code 62
operator: refers to "structural pest control operator. See California Business and Professions Code 8506
Oral argument: An opportunity for lawyers to summarize their position before the court and also to answer the judges' questions.
Other qualified project: means a nonprofit organization formed for charitable or other public purposes, that does not receive funds from the Legal Services Corporation or pursuant to the federal Older Americans Act, and provides free legal services to indigent persons. See California Business and Professions Code 8030.4
out of wedlock: means that the biological parents of the child were not married to each other at the time of the child's conception. See California Family Code 17400
Overfishing: means a rate or level of taking that the best available scientific information, and other relevant information that the commission or department possesses or receives, indicates is not sustainable or that jeopardizes the capacity of a marine fishery to produce the maximum sustainable yield on a continuing basis. See California Fish and Game Code 98
Oversight: Committee review of the activities of a Federal agency or program.
owner: is a person having all the incidents of ownership, including the legal title of a vehicle whether or not such person lends, rents, or creates a security interest in the vehicle. See California Vehicle Code 460
paratransit vehicle: is a passenger vehicle, other than a bus, schoolbus, school pupil activity bus, youth bus, general public paratransit vehicle, or taxicab that is both of the following:
California Vehicle Code 462
Parcel: means that portion of an assessor's parcel that is timberland, as defined. See California Government Code 51104
Party to the arbitration: means a party to the arbitration agreement, including any of the following:
California Code of Civil Procedure 1280
passenger vehicle: is a ny motor vehicle, other than a motortruck, truck tractor, or a bus, as defined in Section 233, and used or maintained for the transportation of persons. See California Vehicle Code 465
Pecuniary loss: means an economic loss or expense resulting from an injury or death to a victim of crime that has not been and will not be reimbursed from any other source. See California Government Code 13951
Pedestrian: includes a person who is operating a self-propelled wheelchair, motorized tricycle, or motorized quadricycle and, by reason of physical disability, is otherwise unable to move about as a pedestrian, as specified in subdivision (a). See California Vehicle Code 467
Peer counseling: means counseling offered by a provider of mental health counseling services who has completed a specialized course in rape crisis counseling skills development, participates in continuing education in rape crisis counseling skills development, and provides rape crisis counseling within the State of California. See California Government Code 13951
Person: means an individual, corporation, partnership, limited partnership, limited liability partnership, limited liability company, business trust, estate, trust, association, joint venture, agency, instrumentality, or any other legal or commercial entity, whether domestic or foreign. See California Labor Code 2100
Person: includes any city, county, district, the state, and the United States, to the extent authorized by federal law. See California Water Code 13050
Person: means any individual, organization, or corporate body, except that only individuals may be licensed under this chapter. See California Business and Professions Code 4927
Person: means any individual, firm, company, association, organization, partnership, limited liability company, or corporation. See California Business and Professions Code 7590.1
Person: means any individual, firm, partnership, association, corporation, limited liability company, trust, business trust, or the receiver or trustee or conservator for any of the above, but does not include a public agency. See California Health and Safety Code 101560
Person: means any individual, firm, partnership, association, corporation, limited liability company, trust, business trust, or the receiver or trustee or conservator for any of the above, but does not include a public agency. See California Health and Safety Code 101685
Person: includes a corporation as well as a natural person. See California Code of Civil Procedure 17
Person: means any individual, partnership, association, corporation, limited liability company, or any organized group of persons whether incorporated or not. See California Food and Agricultural Code 38
Person: means any person, firm, association, organization, partnership, limited liability company, business trust, corporation, or company. See California Harbors and Navigation Code 19
Person: means any person, association, organization, partnership, business trust, limited liability company, or corporation. See California Labor Code 18
Person: includes a natural person, firm, copartnership, association, limited liability company, or corporation. See California Vehicle Code 470
Person: means any person, firm, association, organization, partnership, business trust, corporation, limited liability company, or company. See California Water Code 19
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
personally identifiable: as used in this part , includes all of the following information:
California Education Code 56515
pest control: as used in this chapter are synonymous. See California Business and Professions Code 8505
Petitioner: includes plaintiff, where appropriate. See California Family Code 126
Pilot program: means the Safety on Productions Pilot Program established in Sections 9152 and 9152. See California Labor Code 9151
Plaintiff: The person who files the complaint in a civil lawsuit.
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.
Pollution: means an alteration of the quality of the waters of the state by waste to a degree which unreasonably affects either of the following:
California Water Code 13050
Population sampling: means administering assessments to a representative sample of pupils instead of the entire pupil population. See California Education Code 60603
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}
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.
President pro tempore: A constitutionally recognized officer of the Senate who presides over the chamber in the absence of the Vice President. The President Pro Tempore (or, "president for a time") is elected by the Senate and is, by custom, the Senator of the majority party with the longest record of continuous service.
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.
private school: is a ny school, whether conducted for profit or not, giving a course of training similar to that given in a public school at or below the twelfth grade, including but not limited to schools owned or operated by any church. See California Vehicle Code 492
Pro bono attorney: means any attorney, law firm, or legal corporation, licensed to practice law in this state, that undertakes, without charge to the party, the representation of an indigent person, referred by a qualified legal services project, qualified support center, or other qualified project, in a case not considered to be fee generating, as defined in this chapter. See California Business and Professions Code 8030.4
Pro per: A slang expression sometimes used to refer to a pro se litigant. It is a corruption of the Latin phrase "in propria persona." ^{Source: U.S. Courts}
Pro se: A Latin term meaning "on one's own behalf"; in courts, it refers to persons who present their own cases without lawyers.
Probation officers: Screen applicants for pretrial release and monitor convicted offenders released under court supervision.
Process: signifies a writ or summons issued in the course of a judicial proceeding. See California Code of Civil Procedure 17
Process: includes a writ or summons issued in the course of judicial proceedings of either a civil or criminal nature. See California Government Code 22
professional advisory board: means that advisory board to the authority's board composed of nine health and medical care professionals appointed by the Monterey County Board of Supervisors, five of whom shall be nominated by the Monterey County Medical Society, with at least one to be a member of the Monterey County Chapter of the American Academy of Family Physicians, one of whom shall be nominated by Natividad Medical Center, one of whom shall be nominated by the Monterey County Hospital Administrators' Association, and two of whom shall be nominated by other organizations in the County of Monterey representing other professional health care providers. See California Health and Safety Code 101560
Program: means the California Desert Conservation Program. See California Fish and Game Code 1452
program: means the Community-Based Transitional Housing Program and "department" means the Department of Finance. See California Government Code 30035.1
Project: means proposed facilities for the construction, improvement, or rehabilitation of the domestic water system, and may include water supply, treatment works, and all or part of a water distribution system, if necessary to carry out the purpose of this chapter. See California Water Code 13815
Project: means proposed facilities for the construction, improvement, or rehabilitation of the domestic water system, and may include water supply, treatment works, and all or part of a water distribution system, if such inclusions are necessary to carry out the purpose of this chapter. See California Water Code 13857
Project: means proposed facilities for the construction, improvement, or rehabilitation of the domestic water system, and may include water supply, treatment works, and all or part of a water distribution system, if such inclusions are necessary to carry out the purpose of this chapter. See California Water Code 13881
Project: means proposed facilities for the construction, improvement, or rehabilitation of the domestic water system, and may include water supply, treatment works, and all or part of a water distribution system, if necessary to carry out the purpose of this chapter. See California Water Code 13895.5
Project proponent: means a person, public agency, or nonprofit organization seeking to implement a habitat restoration or enhancement project. See California Fish and Game Code 1651
property: includes property real and personal. See California Civil Code 14
Property: includes both personal and real property. See California Code of Civil Procedure 17
Property: includes real and personal property and any interest therein. See California Family Code 113
Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
Public agency: means any city, county, district, or other political subdivision of the state which owns or operates a domestic water system. See California Water Code 13881
Public agency: means any city, county, city and county, district, joint powers authority, or other political subdivision of the state which owns or operates a domestic water system. See California Water Code 13895.5
Public agency: means the United States, the State of California, any political subdivision, county, municipality, district, or agency of the State of California or of the United States and any department, bureau, or commission of the State of California or of the United States. See California Health and Safety Code 101560
Public agency: means the United States, the State of California, any political subdivision, county, municipality, district, or agency of the State of California or of the United States and any department, bureau, or commission of the State of California or of the United States. See California Health and Safety Code 101685
Public defender: Represent defendants who can't afford an attorney in criminal matters.
Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
Public works projects: means acquisition and improvement of sites, construction, modification, and alteration of public buildings, airports, water supply systems (including when incidental to a public works project (1) highways, streets, bridges, and other street and highway structures, and (2) plan preparation and equipment), and publicly owned and operated facilities, including but not limited to sewage treatment and disposal plants and sanitary facilities. See California Government Code 15501
Purchase: means "buy" as defined in Section 24. See California Fish and Game Code 68
Qualified legal services project: means a nonprofit project, incorporated and operated exclusively in California, that provides as its primary purpose and function legal services without charge to indigent persons, has a board of directors or advisory board composed of both attorneys and consumers of legal services, and provides for community participation in legal services programming. See California Business and Professions Code 8030.4
Qualified manager: means an individual who is in active control, management, and direction of the licensee's business, and who is in possession of a current and valid qualified manager's certificate pursuant to this chapter. See California Business and Professions Code 7590.1
Qualified support center: means an incorporated nonprofit legal services center that has an office or offices in California that provide legal services or technical assistance without charge to qualified legal services projects and their clients on a multicounty basis in California. See California Business and Professions Code 8030.4
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
Quota: means a work standard under which an employee is assigned or required to perform at a specified productivity speed, or perform a quantified number of tasks, or to handle or produce a quantified amount of material, within a defined time period and under which the employee may suffer an adverse employment action if they fail to complete the performance standard. See California Labor Code 2100
Recess: A temporary interruption of the legislative business.
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}
Recovery Account: shall be deemed to refer to the Consumer Recovery Account. See California Business and Professions Code 10450.6
Recycled water: means water which, as a result of treatment of waste, is suitable for a direct beneficial use or a controlled use that would not otherwise occur and is therefor considered a valuable resource. See California Water Code 13050
region: means the region described in this section. See California Government Code 66502
Regional board: means any California regional water quality control board for a region as specified in Section 13200. See California Water Code 13050
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
relevant market area: is a ny area within a radius of 10 miles from the site of a potential new dealership. See California Vehicle Code 507
Remand: When an appellate court sends a case back to a lower court for further proceedings.
renter: is a person who is engaged in the business of renting, leasing or bailing vehicles for a term not exceeding four months and for a fixed rate or price. See California Vehicle Code 508
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).
Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
Resident: means any person who manifests an intent to live or be located in this state on more than a temporary or transient basis. See California Vehicle Code 516
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
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.
retail sale: is a sale of goods to a person for the purpose of consumption and use, and not for resale to others, including, but not limited to, an arrangement where a motor vehicle is consigned to a dealer for sale. See California Vehicle Code 520
returned: means presented to the appropriate person in person, or postmarked, before the expiration of the specified time period. See California Family Code 359
Right of survivorship: The ownership rights that result in the acquisition of title to property by reason of having survived other co-owners.
Risk assessment: is a detailed written review of a script and production plan prepared in accordance with Section 9152. See California Labor Code 9151
Rules of professional conduct: means those rules adopted by the State Bar of California pursuant to Sections 6076 and 6077. See California Business and Professions Code 8030.4
Safety advisor: means a person who works in tandem with, but independent of, performers and crew and who is not employed for any other role on the motion picture production. See California Labor Code 9151
Salesperson: when used without modification, means a person licensed as a salesperson under any of the provisions of this part. See California Business and Professions Code 10013
school pupil activity bus: is a ny motor vehicle, other than a schoolbus, operated by a common carrier, or by and under the exclusive jurisdiction of a publicly owned or operated transit system, or by a passenger charter-party carrier, used under a contractual agreement between a school and carrier to transport school pupils at or below the 12th-grade level to or from a public or private school activity, or used to transport pupils to or from residential schools, when the pupils are received and discharged at off-highway locations where a parent or adult designated by the parent is present to accept the pupil or place the pupil on the bus. See California Vehicle Code 546
schoolbus: is a motor vehicle designed, used, or maintained for the transportation of any school pupil at or below the 12th grade level to or from a public or private school or to or from public or private school activities, except the following:
California Vehicle Code 545
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
Sequester: To separate. Sometimes juries are sequestered from outside influences during their deliberations.
Serious injury or illness: means any injury or illness occurring in a place of employment or in connection with any employment that requires inpatient hospitalization, for other than medical observation or diagnostic testing, or in which an employee suffers an amputation, the loss of an eye, or any serious degree of permanent disfigurement, but does not include any injury or illness or death caused by an accident on a public street or highway, unless the accident occurred in a construction zone. See California Labor Code 6302
Service area: means Santa Barbara County, and those counties that are contiguous with Santa Barbara County. See California Health and Safety Code 101685
Sheriff: includes marshal. See California Code of Civil Procedure 17
Small community: means a municipality with a population of 5,000 persons or less, or a reasonably isolated and divisible segment of a larger municipality encompassing 5,000 persons or less, with a financial hardship as defined by the board. See California Water Code 13999.2
Solar-use easement: means any right or interest acquired by a county, or city in perpetuity, for a term of years, or annually self-renewing as provided in Section 51191. See California Government Code 51190
Sole ownership: The type of property ownership in which one individual holds legal title to the property and has full control of it.
Specific risk assessment: means a risk assessment for identified high-risk activities or situations prepared in accordance with Section 9152. See California Labor Code 9151
Spouse: includes "registered domestic partner" as required by §. See California Business and Professions Code 14.2
Spouse: includes "registered domestic partner" as required by §. See California Government Code 12.2
Standards board: means the Occupational Safety and Health Standards Board, within the department. See California Labor Code 6302
State: includes the District of Columbia and the territories when applied to the different parts of the United States, and the words "United States" may include the district and territories. See California Code of Civil Procedure 17
State: means the State of California, unless applied to the different parts of the United States. See California Harbors and Navigation Code 20
State: means the State of California, unless applied to the different parts of the United States. See California Water Code 18
State: means the State of California, unless applied to the different parts of the United States. See California Fish and Game Code 83
State agency: means any agency, department, division, commission, board, bureau, officer, or other authority of the State of California. See California Labor Code 6101
state agency: includes every state office, officer, department, division, bureau, board, and commission. See California Government Code 11000
State board: means the State Water Resources Control Board. See California Water Code 13050
State School Building Aid Fund: means that fund established pursuant to Section 16096. See California Education Code 17087
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
Street: is a way or place of whatever nature, publicly maintained and open to the use of the public for purposes of vehicular travel. See California Vehicle Code 590
Structural pest control applicator: is a ny individual who is licensed by the board to apply pesticides in Branch 2 or Branch 3 on behalf of a registered company. See California Business and Professions Code 8507.1
Structural pest control field representative: is a ny individual who is licensed by the board to secure structural pest control work, identify infestations or infections, make inspections, apply pesticides, submit bids for or otherwise contract, on behalf of a registered company. See California Business and Professions Code 8507
Subdivision: means a subdivision of the section in which that term occurs unless some other section is expressly mentioned. See California Public Utilities Code 10
Subdivision: means a subdivision of the section in which that term occurs unless some other section is expressly mentioned. See California Water Code 10
Subdivision: means a subdivision of the section in which that term occurs unless some other section is expressly mentioned. See California Fish and Game Code 73
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 Government Code 16
subscription: includes mark when the signer or subscriber cannot write, such signer's or subscriber's name being written near the mark by a witness who writes his own name near the signer's or subscriber's name. See California Public Utilities Code 16
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 Vehicle Code 17
Summative assessment: means an assessment designed to be given near the end of the school year to evaluate a pupil's knowledge and skills relative to a specific set of academic standards. See California Education Code 60603
Summons: Another word for subpoena used by the criminal justice system.
Supervising acupuncturist: means a person who meets the following conditions:
California Business and Professions Code 4927
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
Supervisor: as used in this chapter , means an individual who meets all of the following requirements:
California Business and Professions Code 4980.03
Supplemental state assistance: means a grant given to a qualifying small community, in addition to the normal federal and state contributions, to reduce the local share of a project. See California Water Code 13999.2
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 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
Tax rate area: means a geographical area in which there is a unique combination of tax levies. See California Government Code 51104
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.
Testimony: Evidence presented orally by witnesses during trials or before grand juries.
Timber: means trees of any species maintained for eventual harvest for forest products purposes, whether planted or of natural growth, standing or down, on privately or publicly owned land, including Christmas trees, but does not mean nursery stock. See California Government Code 51104
Timberland: means privately owned land, or land acquired for state forest purposes, which is devoted to and used for growing and harvesting timber, or for growing and harvesting timber and compatible uses, and which is capable of growing an average annual volume of wood fiber of at least 15 cubic feet per acre. See California Government Code 51104
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
TPZ: means an area which has been zoned pursuant to Section 51112 or 51113 and is devoted to and used for growing and harvesting timber, or for growing and harvesting timber and compatible uses, as defined in subdivision (h). See California Government Code 51104
traffic: includes pedestrians, ridden animals, vehicles, street cars, and other conveyances, either singly or together, while using any highway for purposes of travel. See California Vehicle Code 620
trailer: includes a semitrailer when used in conjunction with an auxiliary dolly, if the auxiliary dolly is of a type constructed to replace the function of the drawbar and the front axle or axles of a trailer. See California Vehicle Code 630
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.
transit bus: is a ny bus owned or operated by a publicly owned or operated transit system, or operated under contract with a publicly owned or operated transit system, and used to provide to the general public, regularly scheduled transportation for which a fare is charged. See California Vehicle Code 642
Transport: includes offer or receive for transportation. See California Fish and Game Code 88
Treatment works: means any devices or systems used in the treatment of water supplies, including necessary lands, which render water supplies pure, wholesome, and potable for domestic purpose. See California Water Code 13815
Treatment works: means any devices or systems used in the treatment of water supplies, including necessary lands, which render such supplies pure, wholesome, and potable for domestic purpose. See California Water Code 13857
Treatment works: means any devices or systems used in the treatment of water supplies, including necessary lands, which render such supplies pure, wholesome, and potable for domestic purpose. See California Water Code 13881
Treatment works: means any devices or systems used in the treatment of water supplies, including necessary lands, which render water supplies pure, wholesome, and potable for domestic purpose. See California Water Code 13895.5
Tribe: means any federally recognized Native American tribe or a nonfederally recognized Native American tribe listed on the California Tribal Consultation List maintained by the Native American Heritage Commission. See California Fish and Game Code 1452
Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. ^{Source: OCC}
Truth in Lending Act: The Truth in Lending Act is a federal law that requires lenders to provide standardized information so that borrowers can compare loan terms. In general, lenders must provide information on ^{Source: OCC}
Uniform Commercial Code: A set of statutes enacted by the various states to provide consistency among the states' commercial laws. It includes negotiable instruments, sales, stock transfers, trust and warehouse receipts, and bills of lading. ^{Source: OCC}
United States: means the United States of America, and in relation to any particular matter includes the officers, agents, employees, agencies, or instrumentalities authorized to act in relation thereto. See California Water Code 20
Uphold: The decision of an appellate court not to reverse a lower court decision.
vehicle: is a device by which any person or property may be propelled, moved, or drawn upon a highway, excepting a device moved exclusively by human power or used exclusively upon stationary rails or tracks. See California Vehicle Code 670
Venue: The geographical location in which a case is tried.
Vexatious litigant: means a person as defined in subdivision (b) of §. See California Business and Professions Code 8030.4
Victim: means an individual who sustains injury or death as a direct result of a crime as specified in subdivision (e) of Section 13955. See California Government Code 13951
Victim advocate: work with prosecutors and assist the victims of a crime.
Victim center: means a victim and witness assistance center that receives funds pursuant to §. See California Government Code 13951
Violation: includes a failure to comply with any requirement of the code. See California Labor Code 22
Voir dire: The process by which judges and lawyers select a petit jury from among those eligible to serve, by questioning them to determine knowledge of the facts of the case and a willingness to decide the case only on the evidence presented in court. "Voir dire" is a phrase meaning "to speak the truth."
Warehouse distribution center: means an establishment as defined by any of the following North American Industry Classification System (NAICS) Codes, however that establishment is denominated:
California Labor Code 2100
Waste: includes sewage and any and all other waste substances, liquid, solid, gaseous, or radioactive, associated with human habitation, or of human or animal origin, or from any producing, manufacturing, or processing operation, including waste placed within containers of whatever nature prior to, and for purposes of, disposal. See California Water Code 13050
Waste: means either of the following:
California Health and Safety Code 101075
Water agency: as used in this part means any public corporation, district, political subdivision, or any other agency or authority now or hereafter organized under the laws of this state which develops, stores, distributes or supplies water. See California Water Code 12970
Water quality control: means the regulation of any activity or factor which may affect the quality of the waters of the state and includes the prevention and correction of water pollution and nuisance. See California Water Code 13050
Water quality control plan: consists of a designation or establishment for the waters within a specified area of all of the following:
California Water Code 13050
Water quality objectives: means the limits or levels of water quality constituents or characteristics which are established for the reasonable protection of beneficial uses of water or the prevention of nuisance within a specific area. See California Water Code 13050
Waters of the state: means any surface water or groundwater, including saline waters, within the boundaries of the state. See California Water Code 13050
wheelbase: means the longitudinal distance between the vertical centerlines of the front and rear wheels. See California Vehicle Code 378
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 Code of Civil Procedure 17
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: includes printing and typewriting. See California Code of Civil Procedure 17
youth bus: is a ny bus, other than a schoolbus, designed for and when actually carrying not more than 16 persons and the driver, used to transport children at or below the 12th-grade level directly from a public or private school to an organized nonschool-related youth activity within 25 miles of the school or directly from a location which provides the organized nonschool-related youth activity to a public or private school within 25 miles of that location. See California Vehicle Code 680

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Terms Used In California Codes > Code of Civil Procedure > Part 2 > Title 14 - OF MISCELLANEOUS PROVISIONS

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