California Legal Glossary

AB 1482 — California's Tenant Protection Act (2019) that caps annual rent increases at 5%+CPI (max 10%) and requires just cause for eviction of tenants who have lived in a covered unit over 12 months. Civil Code §1946.2.

Arraignment — The first court appearance after an arrest where the defendant is formally informed of charges and enters a plea. In California, in-custody arraignment must occur within 48 hours (Penal Code §825). Always plead not guilty at arraignment.

Automatic Stay — An immediate court order triggered by filing for bankruptcy (11 USC §362) that stops all collection actions, foreclosures, wage garnishments, and lawsuits against the debtor. Takes effect the moment the bankruptcy petition is filed.

BAC — Blood Alcohol Concentration — the percentage of alcohol in a person's blood. Under California Vehicle Code §23152(b), it is unlawful to drive with a BAC of 0.08% or higher. Commercial drivers face 0.04%, drivers under 21 face 0.01%.

Bail — Money paid to secure release from custody pending trial, with the agreement to appear in court. California Penal Code §1268 establishes bail rights. San Diego County maintains a bail schedule for common offenses. A judge may deny bail for serious violent felonies.

Best Interest of the Child — The primary standard California courts use in all child custody and visitation decisions under Family Code §3011. Factors include: health and safety, nature of parental contact, abuse history, and the child's own preferences (age 14+).

CCP §335.1 — California Code of Civil Procedure §335.1 — the 2-year statute of limitations for personal injury lawsuits. The clock starts from the date of injury. Tolled for minors and government tort claims require pre-suit notice within 6 months.

CFRA — California Family Rights Act — provides up to 12 weeks of unpaid job-protected leave for qualifying employees to care for a seriously ill family member or bond with a new child. Broader than federal FMLA; covers smaller employers.

Civil Code §3342 — California's strict liability dog bite statute. Owners are liable for injuries caused by their dog biting someone in a public place or lawfully on private property, regardless of whether the owner knew the dog was dangerous.

Community Property — California is a community property state (Family Code §760). Most assets and debts acquired during marriage are equally owned by both spouses. Upon divorce, community property is generally split 50/50 (Family Code §2550). Separate property (pre-marriage, gifts, inheritance) is not divided.

Comparative Fault — California's pure comparative fault rule (Li v. Yellow Cab Co.) allows a plaintiff to recover damages even if partially at fault — reduced by their percentage of fault. A plaintiff 70% at fault can still recover 30% of damages.

Contingency Fee — An attorney fee arrangement where the lawyer receives a percentage of the client's recovery only if the case is won. Standard California personal injury contingency: 33% pre-suit, 40% post-filing. Required to be in writing under Business & Professions Code §6147.

DCSS — Department of Child Support Services — California state agency that provides free child support calculation, establishment, enforcement, and modification services. DCSS can garnish wages and intercept tax refunds to collect child support.

DMV APS Hearing — DMV Administrative Per Se Hearing — a separate administrative proceeding to contest the automatic license suspension following a California DUI arrest. Must be requested within 10 calendar days of arrest. Independent of the criminal DUI case.

Demurrer — A legal motion challenging that a complaint fails to state a legally sufficient claim, even if all facts alleged are true. California Code of Civil Procedure §430.10. Commonly used to dismiss defective pleadings without addressing the merits.

Dissolution — The California term for divorce — formal legal termination of a marriage or domestic partnership. Governed by Family Code §2300+. California requires a 6-month waiting period after service of the summons before a dissolution can be finalized.

FEHA — California Fair Employment and Housing Act (Government Code §12940+) — prohibits employment discrimination, harassment, and retaliation based on race, sex, age (40+), disability, national origin, religion, sexual orientation, gender identity, pregnancy, and other protected characteristics. Broader than federal law.

Felony — A serious crime in California punishable by more than one year in state prison. Examples include robbery, assault with a deadly weapon, drug sales, grand theft over $950. Some felonies are 'wobblers' that can be charged as misdemeanors at the DA's discretion.

Government Code §12940 — The core anti-discrimination provision of California's FEHA. Prohibits employers from discriminating against employees based on protected characteristics. Provides broader protections than federal Title VII.

Habeas Corpus — A court order ('writ of habeas corpus') requiring a person's custodian to bring them before the court to determine if their detention is lawful. Used in California to challenge unlawful imprisonment, excessive bail, and constitutional violations in criminal cases.

Just Cause — Under AB 1482 (Civil Code §1946.2), a landlord must have a legally recognized reason to evict a tenant who has lived in a covered unit for more than 12 months. Just cause categories: at-fault (non-payment, breach) and no-fault (owner move-in, Ellis Act). No-fault evictions require relocation assistance.

Labor Code §3600 — The foundational provision of California's workers' compensation system, establishing that employers are liable for injuries arising out of and in the course of employment, regardless of fault.

Lien — A legal claim against property to secure payment of a debt. In personal injury cases, medical providers may place a medical lien on your settlement proceeds. In construction disputes, mechanics' liens (Civil Code §8400+) encumber real property for unpaid work.

MICRA — Medical Injury Compensation Reform Act — California law (Civil Code §3333.2) that caps non-economic damages in medical malpractice cases. 2026 cap: $430,000 for non-death cases (increasing annually per AB 35). Does not cap economic damages.

Mediation — A voluntary, confidential dispute resolution process where a neutral mediator helps parties reach a settlement. California Evidence Code §1119 protects mediation communications from disclosure. San Diego Superior Court requires mediation for many civil cases before trial.

Miranda Rights — Constitutional rights from Miranda v. Arizona that police must advise before custodial interrogation: right to remain silent, anything said can be used against you, right to an attorney, right to appointed attorney if you cannot afford one. Must be affirmatively invoked.

Misdemeanor — A crime punishable by up to one year in county jail (not state prison). Misdemeanors include first DUI, petty theft, simple battery, and most drug possession offenses post-Prop 47. Less severe than felonies but still carry significant consequences.

Motion to Suppress (PC §1538.5) — A California criminal defense motion to exclude evidence obtained through an unlawful search or seizure. If granted, the prosecution cannot use the evidence at trial, often resulting in dismissal. Filed before trial.

No-Contest Clause — A clause in a will or trust that disinherits a beneficiary who challenges the document in court (California Probate Code §21310). California requires probable cause to challenge without triggering the clause.

Penal Code §1203.4 — California expungement statute that allows a person who completed probation to petition for dismissal of their conviction. Allows answering 'no' on most private-sector job applications but does not seal from government agencies or professional licensing boards.

Proposition 47 — 2014 California ballot measure that reclassified certain nonviolent crimes (simple drug possession, petty theft under $950) from felonies to misdemeanors. Reduced incarceration for low-level offenses. Existing felony convictions may be reclassified by petition.

QME — Qualified Medical Evaluator — a California physician certified by the DWC to perform independent medical examinations in disputed workers' compensation cases. QME opinions are used to resolve disputes about the nature, extent, and causation of work-related injuries.

Restitution — Court-ordered payment by a defendant to compensate crime victims for their losses. California Penal Code §1202.4 makes restitution mandatory in criminal cases. Cannot be discharged in bankruptcy (with some exceptions).

SCRA — Servicemembers Civil Relief Act — federal law providing protections for active-duty military members in civil proceedings, including: stay of civil lawsuits, caps on interest rates (6%), protection from eviction, and protection from default judgments. Significant in San Diego given military population.

Song-Beverly Act — California's Lemon Law (Civil Code §1790+) that requires manufacturers to replace or refund vehicles unable to be repaired after a reasonable number of attempts within the warranty period. Attorney's fees mandatory if consumer prevails.

Statute of Limitations — The deadline by which a lawsuit must be filed. Key California deadlines: personal injury (2 years, CCP §335.1), property damage (3 years), written contract (4 years), oral contract (2 years), medical malpractice (3 years/1 year from discovery), workers' comp (1 year).

TRO — Temporary Restraining Order — an emergency court order prohibiting specific conduct, issued without notice to the other party (ex parte) when immediate harm is threatened. In California, a TRO is typically followed by a noticed hearing within 21 days to determine if a permanent injunction is warranted.

Unlawful Detainer — California's summary eviction lawsuit (CCP §1161+). Tenants have only 5 court days to respond after being served. Used when a tenant remains after lease expiration or fails to comply with a valid eviction notice. Results in a Writ of Possession executed by the Sheriff.

Vehicle Code §23152 — California's primary DUI statute. §23152(a) prohibits driving under the influence of alcohol; §23152(b) prohibits driving with a BAC of 0.08% or higher. Separate subsections address drugs (§23152(f)), commercial drivers (§23152(d)), and ride-share drivers (§23152(e)).

Voir Dire — The jury selection process where attorneys and the judge question prospective jurors to identify biases and select an impartial jury. In California, each side may use unlimited challenges for cause and a limited number of peremptory challenges (no reason required).

Wage Garnishment — A court order requiring an employer to withhold a portion of an employee's earnings to satisfy a debt. California limits garnishment to 25% of disposable earnings or the amount by which weekly earnings exceed 40x minimum wage, whichever is less. Bankruptcy's automatic stay stops wage garnishment immediately.

Wet Reckless — A plea reduction from DUI to reckless driving with an alcohol notation under Vehicle Code §23103.5. Benefits: lower fines, shorter DUI school, no mandatory IID in some cases. Drawback: still counts as a prior DUI offense if arrested again within 10 years.

Wobbler — A California crime that can be charged as either a felony or misdemeanor at the prosecutor's discretion, based on the circumstances and the defendant's record. Examples: assault with deadly weapon (PC §245), grand theft (PC §487), elder abuse (PC §368). Defense attorneys often negotiate to have wobblers charged or sentenced as misdemeanors.

Wrongful Termination — Termination of an employee that violates California or federal law — including FEHA discrimination, retaliation for protected activity (workers' comp claim, whistleblowing), violation of public policy (Tameny), or breach of implied contract. California is at-will (Labor Code §2922) but with significant exceptions.