Chapter 1 Jurisdiction and Forum
Chapter 2 Commencing Civil Actions
Chapter 3 Summons
Chapter 4 Service of Summons
Chapter 5 Objection to Jurisdiction
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Terms Used In California Codes > Code of Civil Procedure > Part 2 > Title 5 - JURISDICTION AND SERVICE OF PROCESS

  • Abstract of judgment: In a federal criminal proceeding, A certification from a U.S. District Court clerk that a judgment of restitution was entered against the defendant owing to the victim. If the defendant inherits, owns, or sells real property or holdings, these assets can then be attached at the state and local levels as well.
  • Access area: means any paved walkway or sidewalk which is within 50 feet of an automated teller machine. See California Financial Code 13020
  • Act: means this chapter. See California Business and Professions Code 6501
  • Adjourn: A motion to adjourn a legislative chamber or a committee, if passed, ends that day's session.
  • advertisement: means any communication, disseminated by television or radio, by any print medium, including, but not limited to, newspapers and billboards, or by means of a mailing directed generally to members of the public and not to a specific person, that solicits employment of legal services provided by a licensee, and is directed to the general public and is paid for by, or on the behalf of, an attorney. See California Business and Professions Code 6157
  • Affiliated company: as used in this division , is a company under substantially the same management or control, directly or indirectly, as the industrial loan company. See California Financial Code 18011
  • Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
  • Affix: means physically attached to or imprinting an electronic validation to a license document. See California Fish and Game Code 16
  • Agency: means the Labor and Workforce Development Agency. See California Labor Code 18.5
  • Agreement: means an agreement relating to commercial cannabis authorized under this chapter and entered into between this state and another state or states. See California Business and Professions Code 26300
  • Allegation: something that someone says happened.
  • Amortization: Paying off a loan by regular installments.
  • animal: includes :

    California Food and Agricultural Code 21701

  • 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.
  • Any school district: means a school district or a county superintendent of schools who employs classroom teachers in the public schools. See California Education Code 45343
  • Appraisal: A determination of property value.
  • Approved safety pool cover: means a manually or power-operated safety pool cover that meets all of the performance standards of the American Society for Testing and Materials (ASTM), in compliance with standard F1346-91. See California Health and Safety Code 115921
  • 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
  • assessed value: means 25 percent of full value to, and including, the 1980-81 fiscal year, and 100 percent of full value for the 1981-82 fiscal year and fiscal years thereafter. See California Government Code 25
  • Assets: as used in this division , means all assets excluding intangibles. See California Financial Code 18017
  • Association: means any corporation organized under this part. See California Corporations Code 13202
  • Attorney-at-law: A person who is legally qualified and licensed to practice law, and to represent and act for clients in legal proceedings.
  • Automated teller machine: means any electronic information processing device located in California which accepts or dispenses cash in connection with a credit, deposit, or convenience account. See California Financial Code 13020
  • Baseline: Projection of the receipts, outlays, and other budget amounts that would ensue in the future without any change in existing policy. Baseline projections are used to gauge the extent to which proposed legislation, if enacted into law, would alter current spending and revenue levels.
  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • Bird: means a wild bird or part of a wild bird. See California Fish and Game Code 22
  • Board: means the county board of supervisors acting as the governing authority of a county service area. See California Government Code 25210.2
  • board of supervisors: means the board of supervisors of the county within which the city or territory is situated. See California Government Code 34001
  • Branch office: means any additional physical location, other than the principal place of business of a licensee, where any locksmith service is provided. See California Business and Professions Code 6980
  • Bureau: means the Bureau of Household Goods and Services. See California Business and Professions Code 9801
  • Bureau: means the Professional Fiduciaries Bureau within the Department of Consumer Affairs, established pursuant to Section 6510. See California Business and Professions Code 6501
  • Bureau: means the Bureau of Security and Investigative Services. See California Business and Professions Code 6980
  • Bycatch: includes discards. See California Fish and Game Code 90.5
  • Byproduct material: means any radioactive material, except special nuclear material, yielded in, or made radioactive by exposure to the radiation incident to, the process of producing or utilizing special nuclear material. See California Health and Safety Code 114985
  • Cable television operator: means the person or entity providing cable television services through the cable television system. See California Government Code 53054.2
  • Cable television system: means a community antenna television system, under common ownership and control, serving a franchise area or two or more contiguous or electronically connected franchise areas. See California Government Code 53054.2
  • Candlefoot power: means the light intensity of candles on a horizontal plane at 36 inches above ground level and five feet in front of the area to be measured. See California Financial Code 13020
  • Capital: as used in this division , consists of all of the following:

    California Financial Code 18018

  • Capital Stock: as used in this division , means one-class voting common stock. See California Financial Code 18019
  • Chambers: A judge's office.
  • Charges: as used in this division , include the aggregate interest, fees, bonuses, commissions, brokerage, discounts, expenses, and other forms of costs charged, contracted for, or received by an industrial loan company or any other person in connection with the investigating, arranging, negotiating, procuring, guaranteeing, making, servicing, collecting, or enforcing of a loan, or for forbearance of money, credit, goods, things in action, or any other service or services rendered. See California Financial Code 18007
  • Chief: means the Chief of the Bureau of Security and Investigative Services. See California Business and Professions Code 6980
  • City: includes incorporated city, city and county, municipal corporation, municipality, town and incorporated town. See California Financial Code 13
  • 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
  • Civil engineer: as used in this chapter means a professional engineer in the branch of civil engineering and refers to one who practices or offers to practice civil engineering in any of its phases. See California Business and Professions Code 6702
  • Classification: means that each position in the classified service shall have a designated title, a regular minimum number of assigned hours per day, days per week, and months per year, a specific statement of the duties required to be performed by the employees in each such position, and the regular monthly salary ranges for each such position. See California Education Code 45101
  • Client: means an individual who is served by a professional fiduciary. See California Business and Professions Code 6501
  • commission: means the California Transportation Commission. See California Public Utilities Code 161001
  • 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 any county agricultural commissioner. See California Food and Agricultural Code 26
  • Committee: means the Professional Fiduciaries Advisory Committee, as established pursuant to Section 6511. See California Business and Professions Code 6501
  • committee: means the chief administrative officer, auditor, and treasurer, or any other county employee appointed by the board of supervisors. See California Government Code 29831
  • company: as used in this division means a premium finance agency as defined in Section 18560. See California Financial Code 18003
  • Consumer goods: means any new product or part thereof that is used, bought, or leased for use primarily for personal, family, or household purposes, except for clothing and consumables. See California Civil Code 1791
  • Contracting state: means a state of the United States, including a district, commonwealth, territory, or possession subject to the legislative authority of the United States, with which the Governor has entered into an agreement pursuant to this chapter. See California Business and Professions Code 26300
  • Corporation: as used in this part means a corporation which is organized under, or subject to this part, including a central organization. See California Corporations Code 12232
  • County: includes "city and county. See California Code of Civil Procedure 17
  • County: includes city and county. See California Financial Code 14
  • County: includes city and county. See California Government Code 19
  • County: includes city and county. See California Health and Safety Code 14
  • County: includes "city and county. See California Labor Code 14
  • County: includes city and county. See California Public Utilities Code 18
  • County: includes "city and county. See California Welfare and Institutions Code 14
  • County: includes city and county. See California Fish and Game Code 32
  • county psychiatric hospital: means the hospital, ward, or facility provided by the county pursuant to the provisions of Section 7100. See California Welfare and Institutions Code 7101
  • County service area: means a county service area formed pursuant to this chapter or any of its statutory predecessors. See California Government Code 25210.2
  • creditor: means the state or the department or agency of the state seeking to collect the liability. See California Code of Civil Procedure 688.040
  • custody: means the legal right to custody of the child unless that right is held jointly by two or more persons, in which case "custody" means the physical custody of the child by one of the persons sharing the right to custody. See California Welfare and Institutions Code 17.1
  • Customer: means a natural person to whom an access device has been issued for personal, family, or household use. See California Financial Code 13020
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • debtor: means the debtor from whom the liability is sought to be collected. See California Code of Civil Procedure 688.040
  • Decedent: A deceased person.
  • decontamination: as used in this chapter , means the reduction of the level of contamination from radioactive material to the level that the department determines is reasonably necessary to eliminate the hazard to public health that is caused by the contamination of any object, building, structure, or premises. See California Health and Safety Code 115180
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Defense attorney: Represent defendants in criminal matters.
  • Defined parking area: means that portion of any parking area open for customer parking which is (1) contiguous to an access area with respect to an automated teller machine. See California Financial Code 13020
  • Demotion: means assignment to an inferior position or status, without the employee's written voluntary consent. See California Education Code 45101
  • department: means the Department of Transportation. See California Public Utilities Code 161002
  • Department: means the Department of Consumer Affairs. See California Business and Professions Code 6501
  • Department: means the Department of Consumer Affairs. See California Business and Professions Code 6980
  • Department: means the State Department of Health Services. See California Health and Safety Code 114985
  • Department: means Department of Industrial Relations. See California Labor Code 19
  • Department: means the Department of Fish and Wildlife. See California Fish and Game Code 37
  • depressed: means the condition of a fishery that exhibits declining fish population abundance levels below those consistent with maximum sustainable yield. See California Fish and Game Code 90.7
  • 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 9801
  • Director: means the Director of the Department of Consumer Affairs. See California Business and Professions Code 6980
  • Director: means the State Director of Health Services. See California Health and Safety Code 114985
  • 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
  • Directors: means natural persons, designated in the articles or bylaws or elected by the incorporators, and their successors and natural persons designated, elected, or appointed by any other name or title to act as members of the governing body of the corporation. See California Corporations Code 12233
  • Disciplinary action: includes any action whereby an employee is deprived of any classification or any incident of any classification in which he has permanence, including dismissal, suspension, demotion, or any reassignment, without his voluntary consent, except a layoff for lack of work or lack of funds. See California Education Code 45101
  • Distributor: means any individual, partnership, corporation, association, or other legal relationship that stands between the manufacturer and the retail seller in purchases, consignments, or contracts for sale of consumer goods. See California Civil Code 1791
  • district: means the Peninsula Rail Transit District. See California Public Utilities Code 160001
  • District: means fish and game district. See California Fish and Game Code 41
  • Docket: A log containing brief entries of court proceedings.
  • Donee: The recipient of a gift.
  • Electrical engineer: as used in this chapter means a professional engineer in the branch of electrical engineering and refers to one who practices or offers to practice electrical engineering in any of its phases. See California Business and Professions Code 6702.1
  • electrified security fence: means any fence, other than an electrified fence as defined in §. See California Civil Code 835
  • Electronic funds transfer: The transfer of money between accounts by consumer electronic systems-such as automated teller machines (ATMs) and electronic payment of bills-rather than by check or cash. (Wire transfers, checks, drafts, and paper instruments do not fall into this category.) Source: OCC
  • Electronic transmission by the corporation: means a communication (a) delivered by (1) facsimile telecommunication or electronic mail when directed to the facsimile number or electronic mail address, respectively, for that recipient on record with the corporation, (2) posting on an electronic message board or network which the corporation has designated for those communications, together with a separate notice to the recipient of the posting, which transmission shall be validly delivered upon the later of the posting or delivery of the separate notice thereof, or (3) other means of electronic communication, (b) to a recipient who has provided an unrevoked consent to the use of those means of transmission for communications under or pursuant to this code, and (c) that creates a record that is capable of retention, retrieval, and review, and that may thereafter be rendered into clearly legible tangible form. See California Corporations Code 20
  • Embezzlement: In most states, embezzlement is defined as theft/larceny of assets (money or property) by a person in a position of trust or responsibility over those assets. Embezzlement typically occurs in the employment and corporate settings. Source: OCC
  • 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 6980
  • 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 6980
  • Enclosure: means a fence, wall, or other barrier that isolates a swimming pool from access to the home. See California Health and Safety Code 115921
  • Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Escheat: Reversion of real or personal property to the state when 1) a person dies without leaving a will and has no heirs, or 2) when the property (such as a bank account) has been inactive for a certain period of time. Source: OCC
  • escrow agent: as used in this division includes joint control agents and Internet escrow agents. See California Financial Code 17005.6
  • 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.
  • Executor: A male person named in a will to carry out the decedent
  • Exit alarms: means devices that make audible, continuous alarm sounds when any door or window, that permits access from the residence to the pool area that is without any intervening enclosure, is opened or is left ajar. See California Health and Safety Code 115921
  • Fair Credit Reporting Act: A federal law, established in 1971 and revised in 1997, that gives consumers the right to see their credit records and correct any mistakes. Source: OCC
  • Fair Debt Collection Practices Act: The Fair Debt Collection Practices Act is a set of United States statutes added as Title VIII of the Consumer Credit Protection Act. Its purpose is to ensure ethical practices in the collection of consumer debts and to provide consumers with an avenue for disputing and obtaining validation of debt information in order to ensure the information's accuracy. It is often used in conjunction with the Fair Credit Reporting Act. Source: OCC
  • Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
  • 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.
  • Fiduciary: A trustee, executor, or administrator.
  • 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
  • Fishery: means both of the following:

    California Fish and Game Code 94

  • Fishery products: includes fish, crustaceans, mollusks, and marine products for human consumption. See California Corporations Code 13202
  • Forbearance: A means of handling a delinquent loan. A
  • Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
  • Forgery: The fraudulent signing or alteration of another's name to an instrument such as a deed, mortgage, or check. The intent of the forgery is to deceive or defraud. Source: OCC
  • Fraud: Intentional deception resulting in injury to another.
  • Funded debt: as used in this chapter , means all interest-bearing indebtedness of a corporation not maturing within one year of the date the indebtedness was incurred. See California Financial Code 800
  • Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
  • Germane: On the subject of the pending bill or other business; a strict standard of relevance.
  • 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.
  • guide: means any person who is engaged in the business of packing or guiding, or who, for a fee, assists another person in taking or attempting to take any bird, mammal, fish, amphibian, or reptile. See California Fish and Game Code 2535
  • High-level radioactive waste: means either of the following:

    California Health and Safety Code 114985

  • Home appliance: means any refrigerator, freezer, range, microwave oven, washer, dryer, dishwasher, garbage disposal, trash compactor, or room air-conditioner normally used or sold for personal, family, or household purposes. See California Civil Code 1791
  • Home electronic product: means any television, radio, antenna rotator, audio or video recorder or playback equipment, video camera, video game, video monitor, computer equipment, telephone, telecommunications equipment, electronic alarm system, electronic appliance control system, or other kind of electronic product, if it is normally used or sold for personal, family, or household purposes. See California Civil Code 1791
  • Hours of darkness: means the period that commences 30 minutes after sunset and ends 30 minutes before sunrise. See California Financial Code 13020
  • Implied warranty of fitness: means (1) that when the retailer, distributor, or manufacturer has reason to know any particular purpose for which the consumer goods are required, and further, that the buyer is relying on the skill and judgment of the seller to select and furnish suitable goods, then there is an implied warranty that the goods shall be fit for such purpose and (2) that when there is a sale of an assistive device sold at retail in this state, then there is an implied warranty by the retailer that the device is specifically fit for the particular needs of the buyer. See California Civil Code 1791.1
  • In forma pauperis: In the manner of a pauper. Permission given to a person to sue without payment of court fees on claim of indigence or poverty.
  • Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. Source: FDIC
  • instructional aide: means a person employed to assist classroom teachers and other certificated personnel in the performance of their duties and in the supervision of pupils and in instructional tasks which, in the judgment of the certificated personnel to whom the instructional aide is assigned, may be performed by a person not licensed as a classroom teacher. See California Education Code 45343
  • Instrument: as used in this chapter , means a written paper signed by a person or persons transferring the title to, or giving a lien on real property, or giving a right to a debt or duty. See California Government Code 27279
  • 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
  • Interrogatories: Written questions asked by one party of an opposing party, who must answer them in writing under oath; a discovery device in a lawsuit.
  • Intestate: Dying without leaving a will.
  • Ionizing radiation: means gamma rays and X-rays. See California Health and Safety Code 114985
  • Joint committee: Committees including membership from both houses of teh legislature. Joint committees are usually established with narrow jurisdictions and normally lack authority to report legislation.
  • Juror: A person who is on the jury.
  • Lawyer: means a licensee of the State Bar or a person who is admitted in good standing and eligible to practice before the bar of any United States court or the highest court of the District of Columbia or any state, territory, or insular possession of the United States, or is licensed to practice law in, or is admitted in good standing and eligible to practice before the bar of the highest court of, a foreign country or any political subdivision thereof, and includes any agent of the lawyer, law firm, or law corporation doing business in the state. See California Business and Professions Code 6157
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Lease: means any contract for the lease or bailment for the use of consumer goods by an individual, for a term exceeding four months, primarily for personal, family, or household purposes, whether or not it is agreed that the lessee bears the risk of the consumer goods' depreciation. See California Civil Code 1791
  • legislative body: means board of trustees, city council, or other governing body of a city. See California Government Code 34000
  • legislative body: means the board of supervisors in the case of a county or a city and county, the city council or board of trustees in the case of a city, and the board of directors or other governing body in the case of a district or other public agency, unless the context otherwise requires. See California Government Code 53000
  • Legislative session: That part of a chamber's daily session in which it considers legislative business (bills, resolutions, and actions related thereto).
  • Lessee: means an individual who leases consumer goods under a lease. See California Civil Code 1791
  • Lessor: means a person who regularly leases consumer goods under a lease. See California Civil Code 1791
  • license: shall include a permit or a certificate issued by a state agency. See California Penal Code 23
  • Licensee: means a person who is licensed under this chapter as a professional fiduciary. See California Business and Professions Code 6501
  • Licensee: means a business entity, whether an individual, partnership, or corporation, licensed under this chapter. See California Business and Professions Code 6980
  • Licensee: means a licensee in good standing of the State Bar and includes any agent of the licensee and any law firm or law corporation doing business in the State of California. See California Business and Professions Code 6157
  • Licensing board: means any board, as defined in Section 22, the State Bar of California, and the Department of Real Estate. See California Business and Professions Code 30
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Life estate: A property interest limited in duration to the life of the individual holding the interest (life tenant).
  • lifeguard service: as used in this article , means the attendance at a public swimming pool, during periods of use, of one or more lifeguards who possess, as minimum qualifications, current certificates from an American Red Cross or YMCA of the U. See California Health and Safety Code 116028
  • Lifeguard services: includes the supervision of the safety of participants in water-contact activities by lifeguards who are providing swimming lessons, coaching or overseeing water-contact sports, or providing water safety instructions to participants when no other persons are using the facilities unless those persons are supervised by separate lifeguard services. See California Health and Safety Code 116028
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • local agency: means public agency. See California Government Code 53020
  • local agency formation commission: means a local agency formation commission that operates in the county pursuant to the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000, Division 3 (commencing with Section 56000) of Title 5. See California Government Code 25210.2
  • Lock: means any mechanical, electromechanical, electronic, or electromagnetic device, or similar device, including any peripheral hardware, that is designed to control access from one area to another, or that is designed to control the use of a device, including, but not limited to, a safe, vault, or safe deposit box. See California Business and Professions Code 6980
  • Locksmith: means any person who, for any consideration or compensation whatsoever, engages, directly or indirectly and as a primary or secondary object, in the business of rekeying, installing, repairing, opening, modifying locks, or who originates keys for locks, including, but not limited to, electronic cloning of transponder keys and any other electronic programming of automotive keys and electronic operating devices, such as key fobs, door and ignition key devices, and successive electronic and other high-security key technology. See California Business and Professions Code 6980
  • Locksmith tool: means (1) any tool designed for the purpose of opening, bypassing, altering, rekeying, servicing, or repairing any lock, or (2) any burglar tool, as described in §. See California Business and Professions Code 6980
  • Low-level waste: means radioactive waste not classified as high-level radioactive waste, transuranic waste, spent nuclear fuel, or the byproduct material defined in Section 11(e)(2) of the Atomic Energy Act of 1954 (42 U. See California Health and Safety Code 114985
  • maliciously: import a wish to vex, annoy, or injure another person, or an intent to do a wrongful act, established either by proof or presumption of law. See California Penal Code 7
  • 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
  • Mammogram: means an X-ray image of the human breast. See California Health and Safety Code 114985
  • Mammography: means the procedure for creating a mammogram. See California Health and Safety Code 114985
  • Mammography quality assurance: means the detection of a change in X-ray and ancillary equipment that adversely affects the quality of films and the glandular radiation dose, and the correction of this change. See California Health and Safety Code 114985
  • Manufacturer: means any individual, partnership, corporation, association, or other legal relationship that manufactures, assembles, or produces consumer goods. See California Civil Code 1791
  • Marine living resources: includes all wild mammals, birds, reptiles, fish, and plants that normally occur in or are associated with salt water, and the marine habitats upon which these animals and plants depend for their continued viability. See California Fish and Game Code 96
  • Master key system: means any system in which a lock is rekeyed so that the lock can be operated by its own individual key and can also be operated by a key that can operate other locks if the other locks cannot be operated with the lock's individual key. See California Business and Professions Code 6980
  • mayor: includes president of the legislative body. See California Government Code 34002
  • Mechanical engineer: as used in this chapter means a professional engineer in the branch of mechanical engineering and refers to one who practices or offers to practice mechanical engineering in any of its phases. See California Business and Professions Code 6702.2
  • Member: includes members of associations without capital stock and holders of common stock in associations organized with shares of stock. See California Corporations Code 13202
  • 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
  • month: means a calendar month, unless otherwise expressed. See California Civil Code 14
  • Month: means a calendar month, unless otherwise expressed. See California Code of Civil Procedure 17
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Mortgage loan: A loan made by a lender to a borrower for the financing of real property. Source: OCC
  • Mortgagee: The person to whom property is mortgaged and who has loaned the money.
  • Mortgagor: The person who pledges property to a creditor as collateral for a loan and who receives the money.
  • Native reptiles: as used in this chapter means snakes, lizards, turtles, or any other members of the class reptilia native to California. See California Fish and Game Code 5060
  • Notice: includes all papers and orders required to be served in any proceedings before any court, board, or officer, or when required by law to be served independently of such proceeding. See California Government Code 26660
  • Oath: A promise to tell the truth.
  • Oath: includes affirmation. See California Financial Code 16
  • Official record: means the permanent archival record of all instruments, papers, and notices as accepted for recording by a county recorder. See California Government Code 27300
  • Operator: means any bank, savings association, credit union, industrial loan company, savings bank, or other business entity, or any person who operates an automated teller machine. See California Financial Code 13020
  • Original bill: A bill which is drafted by a committee. It is introduced by the committee or subcommittee chairman after the committee votes to report it.
  • owner of land: means all of the following:

    California Government Code 25210.2

  • permanent employee: includes tenure in the classification in which the employee passed the required probationary period, and includes all of the incidents of that classification. See California Education Code 45101
  • Person: means any individual, firm, company, association, organization, partnership, or corporation. See California Business and Professions Code 6980
  • Person: means any individual, corporation, partnership, limited liability company, firm, association, trust, estate, public or private institution, group, agency, political subdivision of this state, any other state or political subdivision or agency thereof, and any legal successor, representative, agent, or agency of the foregoing, other than the United States Nuclear Regulatory Commission, the United States Department of Energy, or any successor thereto, and other than federal government agencies licensed by the United States Nuclear Regulatory Commission, under prime contract to the United States Department of Energy, or any successor thereto. See California Health and Safety Code 114985
  • person: means any individual, partnership, corporation, limited liability company, association, or other legal entity that engages in any of these businesses. See California Civil Code 1791
  • Person: includes a corporation as well as a natural person. See California Code of Civil Procedure 17
  • Person: includes a corporation as well as a natural person. See California Corporations Code 18
  • Person: includes any person, firm, partnership, association, corporation, company, limited liability company, syndicate, estate, trust, business trust, or organization of any kind. See California Financial Code 18
  • Person: includes any person, firm, association, organization, partnership, limited liability company, business trust, corporation, or company. See California Government Code 17
  • Person: means any person, firm, association, organization, partnership, business trust, corporation, limited liability company, or company. See California Health and Safety Code 19
  • Person: means any person, association, organization, partnership, business trust, limited liability company, or corporation. See California Labor Code 18
  • Person: 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: include money, goods, chattels, things in action, and evidences of debt. See California Penal Code 7
  • 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.
  • pool: means any structure intended for swimming or recreational bathing that contains water over 18 inches deep. See California Health and Safety Code 115921
  • Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
  • Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
  • Private treaty transaction: as used in this division , means the transfer of ownership of cattle or livestock by agreement or contract, at a point other than a destination point. See California Food and Agricultural Code 20026
  • Probate: Proving a will
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Process: includes all writs, warrants, summons, and orders of courts of justice, or judicial officers. See California Government Code 26660
  • Process: signifies a writ or summons issued in the course of a judicial proceeding. See California Code of Civil Procedure 17
  • Professional fiduciary: means either of the following:

    California Business and Professions Code 6501

  • 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
  • public agency: as used in this article , means a district, public authority, public agency, and any other political subdivision or public corporation in the state, but does not include the state or a county, city and county, or city. See California Government Code 53050
  • Public entity: means the state, a county, city, district, public authority, public agency, and any other political subdivision in the state. See California Code of Civil Procedure 708.710
  • Public record: means a record that is in an electronic format and is an exact copy of an official record except that any social security number contained in the copied record is truncated. See California Government Code 27300
  • Public swimming pool: as used in this article , means any public swimming pool, bathhouse, public swimming and bathing place and all related appurtenances. See California Health and Safety Code 116025
  • Purchase: means "buy" as defined in Section 24. See California Fish and Game Code 68
  • Radiologic Technology Act: means Sections 106965 to 107115, inclusive, and Chapter 6 (commencing with Section 114840) of Part 9 of Division 104. See California Health and Safety Code 27
  • range: means the enclosed or unenclosed lands outside of cities, towns, and villages in this state, whether of the public domain or in private ownership, upon which by custom, license, or otherwise, cattle are kept or permitted to roam and feed. See California Food and Agricultural Code 21851
  • Recess: A temporary interruption of the legislative business.
  • Recombination: means changing the combination of any combination-actuated lock. See California Business and Professions Code 6980
  • 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
  • Regional occupational program: as used in this chapter , means a sequence of career technical or technical training programs that meet the criteria and standards of instructional programs in regional occupational centers and are conducted in a variety of physical facilities that are not necessarily situated in one single plant or site. See California Education Code 52303
  • Registered: as used in this article , means endorsed and signed by the county treasurer. See California Government Code 29871
  • Registrant: means an employee registered pursuant to the provisions of this chapter. See California Business and Professions Code 6980
  • Registration: means the reporting of possession of a source of radiation and the furnishing of information with respect thereto, in accordance with subdivision (b) of Section 115060. See California Health and Safety Code 114985
  • related: means related by blood, adoption, marriage, or registered domestic partnership. See California Business and Professions Code 6501
  • 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 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
  • Resort: as used in this article , means a resort, bathhouse, or other public place for the purpose of accommodating bathers, bordering upon or adjoining the seacoast or a lake where the public resort for the purpose of bathing in the open sea or lake. See California Health and Safety Code 115975
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • retail buyer: means any individual who buys consumer goods from a person engaged in the business of manufacturing, distributing, or selling consumer goods at retail. See California Civil Code 1791
  • retailer: means any individual, partnership, corporation, association, or other legal relationship that engages in the business of selling or leasing consumer goods to retail buyers. See California Civil Code 1791
  • Sale: means either of the following:

    California Civil Code 1791

  • season: means "open season. See California Fish and Game Code 62
  • secretary: means the Secretary of Transportation. See California Public Utilities Code 161003
  • secretary: means the Secretary of the Resources Agency. See California Health and Safety Code 114908
  • Secretary: means the Secretary of the Resources Agency. See California Health and Safety Code 114985
  • Secretary: means the Secretary of Labor and Workforce Development. See California Labor Code 19.5
  • Sell: includes offer for sale, expose for sale, possess for sale, exchange, barter, or trade. See California Food and Agricultural Code 44
  • Sell: includes offer or possess for sale, barter, exchange, or trade. See California Fish and Game Code 75
  • Service contract: means a contract in writing to perform, over a fixed period of time or for a specified duration, services relating to the maintenance or repair of a consumer product, except that this term does not include a policy of automobile insurance, as defined in §. See California Civil Code 1791
  • Service contractor: means a service contract administrator or a service contract seller. See California Business and Professions Code 9855
  • Service dealer: means a person who, for compensation, engages in, or holds themselves out to the public as offering services in the business of:

    California Business and Professions Code 9801

  • Service of process: The service of writs or summonses to the appropriate party.
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • Sheriff: includes marshal. See California Code of Civil Procedure 17
  • Source material: means (1) uranium, thorium, or any other material which the department declares by rule to be source material after the United States Nuclear Regulatory Commission, or any successor thereto, has determined the material to be such. See California Health and Safety Code 114985
  • Special nuclear material: means (1) plutonium, uranium 233, uranium enriched in the isotope 233 or in the isotope 235, and any other material which the department declares by rule to be special nuclear material after the United States Nuclear Regulatory Commission, or any successor thereto, has determined the material to be such, but does not include source material. See California Health and Safety Code 114985
  • Specific license: means a license, issued after application, to use, manufacture, produce, transfer, receive, acquire, own, or possess quantities of, or devices or equipment utilizing, byproduct, source, or special nuclear materials or other radioactive material occurring naturally or produced artificially. See California Health and Safety Code 114985
  • Spent nuclear fuel: means fuel that has been withdrawn from a nuclear reactor following irradiation, the constituent elements of which have not been separated by reprocessing. See California Health and Safety Code 114985
  • Spouse: includes "registered domestic partner" as required by §. See California Business and Professions Code 14.2
  • spouse: includes a registered domestic partner, as required by §. See California Civil Code 14
  • Spouse: includes "registered domestic partner" as required by §. See California Code of Civil Procedure 17
  • Spouse: includes "registered domestic partner" as required by §. See California Government Code 12.2
  • Spouse: includes "registered domestic partner" as required by §. See California Welfare and Institutions Code 12.2
  • State: means the State of California. See California Code of Civil Procedure 708.710
  • 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 Public Utilities Code 17
  • 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: includes every state office, officer, department, division, bureau, board, and commission. See California Government Code 11000
  • State agency: means a state office, officer, department, division, bureau, board, commission or agency claims against which are paid by warrants drawn by the Controller. See California Code of Civil Procedure 708.710
  • State license: means a commercial cannabis license issued by a licensing authority pursuant to this division. See California Business and Professions Code 26300
  • Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
  • 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 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 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 Labor Code 17
  • Suction outlet: means a fitting or fixture typically located at the bottom or on the sides of a swimming pool that conducts water to a recirculating pump. See California Health and Safety Code 115921
  • Summons: Another word for subpoena used by the criminal justice system.
  • Surplus line broker: means a person licensed under Section 1765 and authorized to do business under Chapter 6 (commencing with Section 1760) of Part 2 of Division 1. See California Insurance Code 47
  • Swimming pool: includes in-ground and aboveground structures and includes, but is not limited to, hot tubs, spas, portable spas, and nonportable wading pools. See California Health and Safety Code 115921
  • Take: means hunt, pursue, catch, capture, or kill, or attempt to hunt, pursue, catch, capture, or kill. See California Fish and Game Code 86
  • 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.
  • Testator: A male person who leaves a will at death.
  • 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
  • Transport: includes offer or receive for transportation. See California Fish and Game Code 88
  • transportation corridor: means an area or one or more parcels of land that meets any of the following requirements:

    California Public Utilities Code 161004

  • Transuranic waste: means any waste containing more than 100 nanocuries of alpha emitting transuranic nuclides with half-life greater than five years per gram of waste material. See California Health and Safety Code 114985
  • Trial jury: A group of citizens who hear the evidence presented by both sides at trial and determine the facts in dispute. Federal criminal juries consist of 12 persons. Federal civil juries consist of six persons.
  • Truncate: means to redact the first five digits of a social security number. See California Government Code 27300
  • Truncated social security number: means a social security number that displays only the last four digits of the number. See California Government Code 27300
  • Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. Source: OCC
  • Trustor: The person who makes or creates a trust. Also known as the grantor or settlor.
  • 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
  • Uphold: The decision of an appellate court not to reverse a lower court decision.
  • Usury: Charging an illegally high interest rate on a loan. Source: OCC
  • Variable Rate: Having a "variable" rate means that the APR changes from time to time based on fluctuations in an external rate, normally the Prime Rate. This external rate is known as the "index." If the index changes, the variable rate normally changes. Also see Fixed Rate.
  • Verdict: The decision of a petit jury or a judge.
  • Veto: The procedure established under the Constitution by which the President/Governor refuses to approve a bill or joint resolution and thus prevents its enactment into law. A regular veto occurs when the President/Governor returns the legislation to the house in which it originated. The President/Governor usually returns a vetoed bill with a message indicating his reasons for rejecting the measure. In Congress, the veto can be overridden only by a two-thirds vote in both the Senate and the House.
  • Video provider: means any person, company, or service which provides one or more channels of video programming to a residence, including a home, condominium, apartment, or mobilehome, where some fee is paid, whether directly or as included in dues or rental charges, for that service, whether or not public rights-of-way are utilized in the delivery of the video programming. See California Government Code 53054.2
  • Voter: means a voter as defined by §. See California Government Code 25210.2
  • Wild rodents: as used in this chapter means wild ground squirrels, chipmunks, rats, mice or any other members of the order Rodentia native to California except muskrats and beavers. See California Fish and Game Code 2575
  • 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: means an order or precept in writing, issued in the name of the people, or of a court or judicial officer. See California Code of Civil Procedure 17
  • Writing: includes printing and typewriting. See California Code of Civil Procedure 17
  • Writing: includes any form of recorded message capable of comprehension by ordinary visual means. See California Financial Code 8
  • Zone: means a zone formed pursuant to Article 8 (commencing with Section 25217). See California Government Code 25210.2