Terms Used In California Codes > Health and Safety Code > Division 13 > Part 3 - MISCELLANEOUS

• Act: means the California Health Facilities Financing Authority Act. See California Government Code 15432
• Action: means an action for partition under this title. See California Code of Civil Procedure 872.010
• 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.
• Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
• Agency: means the Labor and Workforce Development Agency. See California Labor Code 18.5
• Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
• Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Appraisal: A determination of property value.
• Article: as used in this chapter means and includes any article of wearing apparel, cloth, drapery or other fabric or material made from or containing any natural or synthetic fiber. See California Health and Safety Code 19810
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Authority: means the California Health Facilities Financing Authority created by this part or any board, body, commission, department, or officer succeeding to the principal functions thereof or to which the powers conferred upon the authority by this part shall be given by law. See California Government Code 15432
• 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.
• board: means the State Public Works Board. See California Government Code 15851
• bond: means a bond, warrant, note, lease, or installment sale obligation that is evidenced by a certificate of participation or other evidence of indebtedness issued by the authority. See California Government Code 15432
• Building inspector: means any employee or contractor of an enforcement agency who performs inspections of a construction or renovation project for the purpose of assuring compliance with adopted uniform building codes and standards. See California Health and Safety Code 19870
• Building standard: means a building standard as defined in Section 18909, or other standard adopted by a local agency pursuant to Section 17958 or subdivision (c) of Section 18941. See California Health and Safety Code 19870
• child: means a minor from birth to 18 years of age. See California Government Code 15432
• City: includes "city and county" and "incorporated town" but does not include "unincorporated town" or "village. See California Government Code 20
• Claim: includes a legal or equitable right, title, estate, lien, or interest in property or cloud upon title. See California Code of Civil Procedure 760.010
• Committee membership: Legislators are assigned to specific committees by their party. Seniority, regional balance, and political philosophy are the most prominent factors in the committee assignment process.
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• construction: includes work performed during the design, site assessment, feasibility study, and other preconstruction phases of construction, including, but not limited to, inspection and land surveying work, regardless of whether any further construction work is conducted, and work performed during the postconstruction phases of construction, including, but not limited to, all cleanup work at the jobsite. See California Labor Code 1720
• Conviction: A judgement of guilt against a criminal defendant.
• County: includes "city and county. See California Code of Civil Procedure 17
• 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 Penal Code 7
• Customer-owned gas piping: means all parts of the gas piping system downstream of the gas utility point of delivery, including, but not limited to, downstream of the gas utility meter and service tee (also known as a bypass tee). See California Health and Safety Code 19201
• Decedent: A deceased person.
• Deed: The legal instrument used to transfer title in real property from one person to another.
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Department: as used in this article , means the Department of Transportation. See California Penal Code 2760.1
• 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
• Dependent: A person dependent for support upon another.
• Development: includes , but is not limited to, improvement, rehabilitation, restoration, enhancement, preservation, protection, and interpretation. See California Education Code 20052
• 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
• Endowment: means the California Cultural and Historical Endowment created pursuant to Section 20053, or the board of the endowment, as appropriate. See California Education Code 20052
• Enforcement agency: means any department of a local agency that has the authority to inspect a construction or renovation project and enforce health, safety, or building codes including, but not limited to, the building department or building division, the fire department or fire district, and the health department. See California Health and Safety Code 19870
• 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}
• Escrow: Money given to a third party to be held for payment until certain conditions are met.
• 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.
• Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
• 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}
• 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.
• Health facility: includes a clinic that is described in subdivision (l) of §. See California Government Code 15432
• Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. ^{Source: FDIC}
• Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
• Inflammable article: as used in this chapter is any article made from or containing natural or synthetic fiber and determined by the Fire Marshal to be so highly inflammable as to constitute a dangerous risk of fire and hazard of injury to persons and property, taking into consideration the use or uses for which the article is made and designed to serve. See California Health and Safety Code 19810
• Intestate: Dying without leaving a will.
• Labor Commissioner: means Chief of the Division of Labor Standards Enforcement. See California Labor Code 21
• Legacy: A gift of property made by will.
• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• Local agency: means a city, county, or city and county. See California Health and Safety Code 19870
• month: means a calendar month, unless otherwise expressed. See California Penal Code 7
• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• Museum: means a public or private nonprofit institution that is organized on a permanent basis for essentially educational or aesthetic purposes and that owns or uses tangible objects, cares for those objects, and exhibits them to the general public on a regular basis. See California Education Code 20052
• Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
• Nonprofit organization: means any nonprofit public benefit corporation that is formed pursuant to the Nonprofit Corporation Law (commencing with §. See California Education Code 20052
• Oversight: Committee review of the activities of a Federal agency or program.
• Participating health institution: means a city, city and county, or county, a district hospital, or a private nonprofit corporation or association, or a limited liability company whose sole member is a nonprofit corporation or association authorized by the laws of this state to provide or operate a health facility or a nonprofit corporation that controls or manages, is controlled or managed by, is under common control or management with, or is affiliated with any of the foregoing, and that, pursuant to this part, undertakes the financing or refinancing of the construction or acquisition of a project or of working capital as provided in this part. See California Government Code 15432
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• Permittee: means a building owner, building property manager, or authorized representative to whom a building permit is issued by the enforcement agency. See California Health and Safety Code 19870
• 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, business trust, corporation, limited liability company, or company. See California Health and Safety Code 19
• Person: means any person, association, organization, partnership, business trust, limited liability company, or corporation. See California Labor Code 18
• person: includes a corporation as well as a natural person. See California Penal Code 7
• Personal property: includes money, goods, chattels, things in action, and evidences of debt. See California Code of Civil Procedure 17
• Plaintiff: The person who files the complaint in a civil lawsuit.
• Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
• 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.
• Preservation: includes , but is not limited to, identification, evaluation, recordation, restoration, stabilization, development, and reconstruction, or any combination of those activities. See California Education Code 20052
• Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
• 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
• Project: means construction, expansion, remodeling, renovation, furnishing, or equipping, or funding, financing, or refinancing of a health facility or acquisition of a health facility to be financed or refinanced with funds provided in whole or in part pursuant to this part. See California Government Code 15432
• Property: includes real and personal property. See California Code of Civil Procedure 872.010
• Property: includes real property, and to the extent applicable, personal property. See California Code of Civil Procedure 760.010
• property: includes both real and personal property. See California Penal Code 7
• Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
• Public agency: means a federal agency, state agency, city, county, district, association of governments, joint powers agency, or tribal organization. See California Education Code 20052
• 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: means all of the following:

  California Labor Code 1720

• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
• Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
• Secretary: means the Secretary of Food and Agriculture. See California Food and Agricultural Code 35
• Secretary: means the Secretary of Labor and Workforce Development. See California Labor Code 19.5
• Seismic gas shutoff device: means a seismic gas shutoff device installed on customer-owned gas piping certified by the State Architect pursuant to Section 19202. See California Health and Safety Code 19201
• 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.
• Spouse: includes "registered domestic partner" as required by §. See California Government Code 12.2
• 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: when applied to the different parts of the United States, includes the District of Columbia and the territories, and the words "United States" may include the district and territories. See California Penal Code 7
• state agency: includes every state office, officer, department, division, bureau, board, and commission. See California Government Code 11000
• Subdivision: means a subdivision of the section in which that term occurs unless some other section is expressly mentioned. See California Food and Agricultural Code 49
• Supervisor: means any employee of any enforcement agency to whom a building inspector reports and who is responsible for reviewing a building inspector's project approvals or denials or modification orders. See California Health and Safety Code 19870
• 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.
• Testate: To die leaving a will.
• Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. ^{Source: OCC}
• Trustee: A person or institution holding and administering property in trust.
• 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.
• Vendor: as used in this chapter means any individual, firm or corporation engaged in the manufacture for sale or the sale of articles as herein defined. See California Health and Safety Code 19810
• Verdict: The decision of a petit jury or a judge.
• Violation: includes a failure to comply with any requirement of the code. See California Labor Code 22
• Will: includes codicil. See California Code of Civil Procedure 17
• will: includes codicil. See California Penal Code 7
• willfully: when applied to the intent with which an act is done or omitted, implies simply a purpose or willingness to commit the act, or make the omission referred to. See California Penal Code 7
• Working capital: means moneys to be used by, or on behalf of, a participating health institution to pay or prepay maintenance or operation expenses or any other costs that would be treated as an expense item, under generally accepted accounting principles, in connection with the ownership or operation of a health facility, including, but not limited to, reserves for maintenance or operation expenses, interest for not to exceed two years on any loan for working capital made pursuant to this part, and reserves for debt service with respect to, and any costs necessary or incidental to, that financing. See California Government Code 15432
• Writing: includes printing and typewriting. See California Code of Civil Procedure 17