§ 3100. Definitions.

As used in this Article, the following definitions will apply:

(a) “Recovery Account” means the separate account in the Real Estate Fund established pursuant to Section 10450.6 of the Code for purposes of carrying out the provisions of Chapter 6.5 of the Real Estate Law.

(b) “Application” means an application for payment from the Recovery Account filed with the Department pursuant to Section 10471(a) of the Code.

(c) “Party” means either the claimant, the judgment debtor, or the Department.

(d) “Claimant” means an aggrieved person who filed an application pursuant to Section 10471(a) of the Code.

(e) “Person” includes corporation, partnership, company or firm.

(f) “Final Judgment” means a judgment, arbitration award, or criminal restitution order for which the period for appeal has expired, enforcement of which is not barred by the order of any court or by any statutory provision, and which has not been nullified or rendered void by any court order or statutory provision.

(g) “Court of Competent Jurisdiction” means a small claims, municipal or superior court of the State of California, or a United States district court or United States bankruptcy court sitting to conduct its affairs within the boundaries of the State of California.

(h) “County in Which a Judgment Was Rendered” means the county within California in which the court issuing the judgment or restitution order sits or, if the claim is based on an arbitration award, the county in which the arbitration was conducted, or in which the claimant resides.

(i) Where appropriate to the context the singular number includes the plural and the plural number includes the singular.

HISTORY

1. New section filed 12-15-86; designated effective 1-1-87 pursuant to Government Code Section 11346.2(d) (Register 86, No. 51).

2. New subsections (g) and (h) and subsection relettering filed 12-30-97; operative 1-29-98 (Register 98, No. 1).

3. Amendment of subsections (f) and (h) filed 10-26-99; operative 11-25-99 (Register 99, No. 44).

Note

Note: Authority cited: Section 10080, Business and Professions Code. Reference: Sections 10450.6, 10470, 10470.1, 10471, 10471.1, 10471.2, 10471.3, 10471.4, 10471.5, 10471.6, 10472, 10472.1, 10473, 10473.1, 10474, 10474.5, 10475, 10476, 10477, 10478, 10479, 10480 and 10481, Business and Professions Code.