Terms Used In California Codes > Evidence Code > Division 11 > Chapter 1 - Authentication and Proof of Writings

• Account: means an arrangement under a terms-of-service agreement in which the custodian carries, maintains, processes, receives, or stores a digital asset of the user or provides goods or services to the user. See California Probate Code 871
• Action: includes a civil action and a criminal action. See California Evidence Code 105
• Administrator: means the Administrator of Local Agency Security of the State of California. See California Government Code 53630
• Agent of depository: means a trust company or trust department of a state or national bank located in this state, including the trust department of a depository where authorized, and the Federal Home Loan Bank of San Francisco, which is authorized to act as an agent of depository for the purposes of this article pursuant to Section 53657. See California Government Code 53630
• Amortization: Paying off a loan by regular installments.
• Appraisal: A determination of property value.
• 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: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
• Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
• 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.
• board: means any entity listed in Section 101, the entities referred to in Sections 1000 and 3600, the State Bar, the Department of Real Estate, and any other state agency that issues a license, certificate, or registration authorizing a person to engage in a business or profession. See California Business and Professions Code 31
• business: includes a proprietorship, partnership, corporation, and any other form of commercial enterprise. See California Vehicle Code 234
• Carries: means engages in the transmission of electronic communications. See California Probate Code 871
• 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
• City council or board of supervisors: includes the proper corresponding governing board and authority in each place where the division applies. See California Government Code 66499.51
• Codicil: An addition, change, or supplement to a will executed with the same formalities required for the will itself.
• Commission: means the Public Utilities Commission created by §. See California Public Utilities Code 20
• Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
• Community property: means :

  California Probate Code 28

• compensation: means the remuneration paid out of funds controlled by the employer in payment for the member's services performed during normal working hours or for time during which the member is excused from work because of any of the following:

  California Government Code 20630

• Conservatee: includes a limited conservatee. See California Probate Code 29
• Conservator: includes a limited conservator. See California Probate Code 30
• Continuance: Putting off of a hearing ot trial until a later time.
• Corporation: includes a limited liability company. See California Government Code 53630
• County: includes city and county. See California Business and Professions Code 17
• County: includes "city and county. See California Code of Civil Procedure 17
• County: includes city and county. See California Public Utilities Code 18
• County: includes every county and city and county within this State. See California Vehicle Code 270
• Court: means the superior court presiding over the judicial proceedings which have been initiated under this code to administer the estate of the deceased user, or, if none, the superior court sitting in the exercise of jurisdiction under this code in the county of the user's domicile, and the court, as defined in this section, shall have exclusive jurisdiction over proceedings brought under this part. See California Probate Code 871
• 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
• Custodian: means a person that carries, maintains, processes, receives, or stores a digital asset of a user. See California Probate Code 871
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Dealer: is a person not otherwise expressly excluded by Section 286 who:

  California Vehicle Code 285

• debtor: means the debtor from whom the liability is sought to be collected. See California Code of Civil Procedure 688.040
• Depository: means a state or national bank, savings association or federal association, a state or federal credit union, or a federally insured industrial loan company, in this state in which the moneys of a local agency are deposited. See California Government Code 53630
• Designated recipient: means a person chosen by a user using an online tool to administer digital assets of the user. See California Probate Code 871
• Devise: To gift property by will.
• Devisee: means any person designated in a will to receive a devise. See California Probate Code 34
• Digital asset: means an electronic record in which an individual has a right or interest. See California Probate Code 871
• director: refer to the Department of General Services and the Director of General Services, respectively, unless the context otherwise requires. See California Government Code 14602
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• Dismissal: The dropping of a case by the judge without further consideration or hearing. ^Source:
• Docket: A log containing brief entries of court proceedings.
• Electronic: means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. See California Probate Code 871
• Electronic communication service: means a custodian that provides to a user the ability to send or receive an electronic communication. See California Probate Code 871
• 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.
• Evidence: means testimony, writings, material objects, or other things presented to the senses that are offered to prove the existence or nonexistence of a fact. See California Evidence Code 140
• Executor: A male person named in a will to carry out the decedent
• expert: means a physician and surgeon, including a psychiatrist, or any person described by subdivision (b), (c), or (e) of Section 1010. See California Evidence Code 240
• 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}
• Federal Reserve System: The central bank of the United States. The Fed, as it is commonly called, regulates the U.S. monetary and financial system. The Federal Reserve System is composed of a central governmental agency in Washington, D.C. (the Board of Governors) and twelve regional Federal Reserve Banks in major cities throughout the United States. ^{Source: OCC}
• Federally insured industrial loan company: means an industrial loan company licensed under Division 7 (commencing with Section 18000) of the Financial Code, the investment certificates of which are insured by the Federal Deposit Insurance Corporation. See California Government Code 53630
• fictitious business name: means :

  California Business and Professions Code 17900

• Fiduciary: A trustee, executor, or administrator.
• Fiduciary: means an original, additional, or successor personal representative or trustee. See California Probate Code 871
• Fiduciary: means personal representative, trustee, guardian, conservator, attorney-in-fact under a power of attorney, custodian under the California Uniform Transfer To Minors Act (Part 9 (commencing with Section 3900) of Division 4), or other legal representative subject to this code. See California Probate Code 39
• general partner: means :

  California Business and Professions Code 17901

• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• Grantor: The person who establishes a trust and places property into it.
• Heir: means any person, including the surviving spouse, who is entitled to take property of the decedent by intestate succession under this code. See California Probate Code 44
• Information: means data, text, images, videos, sounds, codes, computer programs, software, databases, or other items with like characteristics. See California Probate Code 871
• Instrument: means a will, a document establishing or modifying a trust, a deed, or any other writing that designates a beneficiary or makes a donative transfer of property. See California Probate Code 45
• 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}
• interested person: includes any of the following:

  California Probate Code 48

• 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.
• Law: includes constitutional, statutory, and decisional law. See California Evidence Code 160
• license: means license, certificate, registration, or other means to engage in a business or profession regulated by this code or referred to in Section 1000 or 3600. See California Business and Professions Code 23.7
• Lien: A claim against real or personal property in satisfaction of a debt.
• Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• 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 authorities: means the legislative body of every county or municipality having authority to adopt local police regulations. See California Vehicle Code 385
• manager: means a manager of a limited liability company. See California Business and Professions Code 17901.5
• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• motor vehicle: includes a recreational vehicle as that term is defined in subdivision (a) of §. See California Vehicle Code 415
• 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}
• Online tool: means an electronic service provided by a custodian that allows the user, in an agreement distinct from the terms-of-service agreement between the custodian and user, to provide directions for disclosure or nondisclosure of digital assets to a third person. See California Probate Code 871
• 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
• Person: means an individual, estate, business or nonprofit entity, public corporation, government or governmental subdivision, agency, or instrumentality, or other legal entity. See California Probate Code 871
• person: includes individuals, limited liability companies, partnerships and other associations, and corporations. See California Business and Professions Code 17902
• Person: includes a corporation as well as a natural person. See California Code of Civil Procedure 17
• Person: includes a natural person, firm, association, organization, partnership, business trust, corporation, limited liability company, or public entity. See California Evidence Code 175
• Person: means an individual, corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership, limited liability company, association, or other entity. See California Probate Code 56
• Personal property: All property that is not real property.
• Personal representative: means an executor, administrator, special administrator, or person that performs substantially the same function under any other law. See California Probate Code 871
• Personal representative: means executor, administrator, administrator with the will annexed, special administrator, successor personal representative, public administrator acting pursuant to Section 7660, or a person who performs substantially the same function under the law of another jurisdiction governing the person's status. See California Probate Code 58
• Plaintiff: The person who files the complaint in a civil lawsuit.
• Pooled securities: means eligible securities held by an agent of depository for a depository and securing deposits of one or more local agencies. See California Government Code 53630
• 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}
• Power of attorney: means a record that grants an agent authority to act in the place of the principal. See California Probate Code 871
• 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
• Property: includes both personal and real property. See California Code of Civil Procedure 17
• Property: means anything that may be the subject of ownership and includes both real and personal property and any interest therein. See California Probate Code 62
• Public employee: means an officer, agent, or employee of a public entity. See California Evidence Code 195
• Public entity: includes a nation, state, county, city and county, city, district, public authority, public agency, or any other political subdivision or public corporation, whether foreign or domestic. See California Evidence Code 200
• Real property: includes a leasehold interest in real property. See California Probate Code 68
• Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in a perceivable form. See California Probate Code 871
• registrant: means a person or entity who is filing or has filed a fictitious business name statement, and who is the legal owner of the business. See California Business and Professions Code 17903
• Remote-computing service: means a custodian that provides to a user computer processing services or the storage of digital assets by means of an electronic communications system, as defined in Section 2510(14) of Title 18 of the United States Code. See California Probate Code 871
• Road: means any existing vehicle route established before January 1, 1979, with significant evidence of prior regular travel by vehicles subject to registration pursuant to Article 1 (commencing with Section 4000) of Chapter 1 of Division 3. See California Vehicle Code 527
• Savings association or federal association: means a savings association, savings and loan association, or savings bank as defined by §. See California Government Code 53630
• School district: means that district from which the member of the State Teachers' Retirement System last made contributions to the system before retirement. See California Education Code 7004
• Security: means any of the eligible securities or obligations listed in Section 53651. See California Government Code 53630
• Service of process: The service of writs or summonses to the appropriate party.
• Spouse: includes domestic partner, as defined in Section 37 of this code, as required by §. See California Probate Code 72
• State: means the State of California, unless applied to the different parts of the United States. See California Business and Professions Code 21
• State: means the State of California, unless applied to the different parts of the United States. See California Evidence Code 220
• State: means the State of California, unless applied to the different parts of the United States. See California Public Utilities Code 17
• State: includes any state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possession subject to the legislative authority of the United States. See California Probate Code 74
• state agency: includes every state office, officer, department, division, bureau, board, and commission. See California Government Code 11000
• Statement: means (a) oral or written verbal expression or (b) nonverbal conduct of a person intended by him as a substitute for oral or written verbal expression. See California Evidence Code 225
• Subdivision: means a subdivision of the section in which that term occurs, unless some other section is expressly mentioned. See California Business and Professions Code 15
• 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
• Terminal: is a place where a vehicle of a type listed in Section 34500 is regularly garaged or maintained, or from which the vehicle is operated or dispatched. See California Vehicle Code 595
• Terms-of-service agreement: means an agreement that controls the relationship between a user and a custodian. See California Probate Code 871
• Town: includes "unincorporated town" and "village. See California Government Code 21
• Treasurer: means treasurer of the local agency. See California Government Code 53630
• Trier of fact: includes (a) the jury and (b) the court when the court is trying an issue of fact other than one relating to the admissibility of evidence. See California Evidence Code 235
• Trust: includes the following:

  California Probate Code 82

• Trustee: means a fiduciary with legal title to property under an agreement or declaration that creates a beneficial interest in another. See California Probate Code 871
• Trustee: includes an original, additional, or successor trustee, whether or not appointed or confirmed by a court. See California Probate Code 84
• User: means a person that has an account with a custodian. See California Probate Code 871
• Vehicle manufacturer: is a ny person who produces from raw materials or new basic components a vehicle of a type subject to registration under this code, off-highway motorcycles or all-terrain vehicles subject to identification under this code, or trailers subject to identification pursuant to Section 5014. See California Vehicle Code 672
• Will: includes a codicil, a testamentary instrument that only appoints an executor, or an instrument that revokes or revises a testamentary instrument. See California Probate Code 871
• Will: includes codicil and any testamentary instrument which merely appoints an executor or revokes or revises another will. See California Probate Code 88
• 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
• Writing: means handwriting, typewriting, printing, photostating, photographing, photocopying, transmitting by electronic mail or facsimile, and every other means of recording upon any tangible thing, any form of communication or representation, including letters, words, pictures, sounds, or symbols, or combinations thereof, and any record thereby created, regardless of the manner in which the record has been stored. See California Evidence Code 250