Holidays

List of holidays

• Every Saturday is a judicial holiday. (Civ. Proc. §§ 12a; 135)
• Every Sunday is a holiday. (Gov. Code, §6700, subd. (a).)

When day on which an act must be performed falls on a Saturday, Sunday or holiday, time limit for performance is extended until next business day.  SCT (U.S.A.), Inc. v. Mitsui Mfrs. Bank (App. 2 Dist. 1984) 202 Cal.Rptr. 547, 155 Cal.App.3d 1059.

In general 

When day on which an act must be performed falls on a Saturday, Sunday or holiday, time limit for performance is extended until next business day.  SCT (U.S.A.), Inc. v. Mitsui Mfrs. Bank (App. 2 Dist. 1984) 202 Cal.Rptr. 547, 155 Cal.App.3d 1059.  Time Key Number 10(1)

Under the provisions of this section, the time within which a person may perform an act such as filing a complaint will be extended to the next business day where courts close on a specially designated county holiday.  57 Op.Atty.Gen. 641, 12-13-74. 2. Saturday closing 

If office of city manager, to whom city charter specifies that claims must be presented, was not open for business on Saturday which was 90th day for presentation of claim by former policemen against city for compensation for holidays worked and vacations accrued but allegedly not taken, without waiver of rights, at special instance and request of city, claim therefor was timely when filed on following Monday.  Adams v. City of Modesto (1960) 3 Cal.Rptr. 561, 53 Cal.2d 833, 350 P.2d 529.  Time Key Number 10(1) 3. County offices 

Board of supervisors may by ordinance require various county offices to remain open on any of the days designated by the Government Code as state or public “holidays” and may determine the compensation to be received by county employees for services performed on those days, but the board of supervisors may not eliminate for all purposes the effect to be given the legislative designation of those days as holidays.  33 Op.Atty.Gen. 37. 4. Earthquake 

In determining whether day on which statute of limitation otherwise would have expired would be counted as holiday because public office was closed due to earthquake, downtown courthouse and not just west district courthouse alone would have had to be closed; ordinary definition of “branch office,” which was excluded from closing rule, included outlying districts of superior court, and local rules permitted plaintiff to file his complaint in either west district or downtown central district.  Bennett v. Suncloud (App. 2 Dist. 1997) 65 Cal.Rptr.2d 80, 56 Cal.App.4th 91.  Time Key Number 10(4)

Allegation that all superior courts in which plaintiff could file complaint were closed, due to earthquake, on date statute of limitations would have otherwise expired was sufficient to overcome demurrer, in light of attached document purporting to have issued from court which stated that downtown courthouse was closed to public on that date.  Bennett v. Suncloud (App. 2 Dist. 1997) 65 Cal.Rptr.2d 80, 56 Cal.App.4th 91.  Limitation Of Actions Key Number 179(1) 5. Particular proceedings 

Where defendant was allowed 10 days after notice of filing of undertaking bond in which to plead to amended complaint, and notice of filing was made in Beverly Hills on March 10 to defendant in Los Angeles, defendant was not in default for failure to plead before March 23, in view of § 1013 granting one day for every hundred miles between place of deposit and place of address, and fact that March 21 and 22 were legal holidays on which county clerk's office was closed.  Montgomery v. Norman (App. 1 Dist. 1953) 120 Cal.App.2d 855, 262 P.2d 360.  Judgment Key Number 106(2)

Code of Civil Procedure section 12

The time in which any act provided by law is to be done is computed by excluding the first day, and including the last, unless the last day is a holiday, and then it is also excluded.

Code of Civil Procedure section 12a

(a) If the last day for the performance of any act provided or required by law to be performed within a specified period of time is a holiday, then that period is hereby extended to and including the next day that is not a holiday. For purposes of this section, “holiday” means all day on Saturdays, all holidays specified in Section 135 and, to the extent provided in Section 12b, all days that by terms of Section 12b are required to be considered as holidays.

(b) This section applies to Sections 659, 659a, and 921, and to all other provisions of law providing or requiring an act to be performed on a particular day or within a specified period of time, whether expressed in this or any other code or statute, ordinance, rule, or regulation.

Code of Civil Procedure section 12b

If any city, county, state, or public office, other than a branch office, is closed for the whole of any day, insofar as the business of that office is concerned, that day shall be considered as a holiday for the purposes of computing time under Sections 12 and 12a.

Code of Civil Procedure section 135

Every full day designated as a holiday by Section 6700 of the Government Code, including that Thursday of November declared by the President to be Thanksgiving Day, is a judicial holiday, except September 9, known as “Admission Day,” and any other day appointed by the President, but not by the Governor, for a public fast, thanksgiving, or holiday. If a judicial holiday falls on a Saturday or a Sunday, the Judicial Council may designate an alternative day for observance of the holiday. Every Saturday and the day after Thanksgiving Day is a judicial holiday. Officers and employees of the courts shall observe only the judicial holidays established pursuant to this section.

Government Code section 6700

The holidays in this state are:

(a) Every Sunday.

(b) January 1st.

(c) The third Monday in January, known as “Dr. Martin Luther King, Jr. Day.”

(d) February 12th, known as “Lincoln Day.”

(e) The third Monday in February.

(f) March 31st known as “Cesar Chavez Day.”

(g) The last Monday in May.

(h) July 4th.

(i) The first Monday in September.

(j) September 9th, known as “Admission Day.”

(k) The second Monday in October, known as “Columbus Day.”

(l) November 11th, known as “Veterans Day.”

(m) December 25th.

(n) Good Friday from 12 noon until 3 p.m.

(o) Every day appointed by the President or Governor for a public fast, thanksgiving, or holiday.

Except for the Thursday in November appointed as Thanksgiving Day, this subdivision and subdivisions (c) and (f) shall not apply to a city, county, or district unless made applicable by charter, or by ordinance or resolution of the governing body thereof.

If the provisions of this section are in conflict with the provisions of a memorandum of understanding reached pursuant to Chapter 12 (commencing with Section 3560) of Division 4 of Title 1, the memorandum of understanding shall be controlling without further legislative action, except that if those provisions of a memorandum of understanding require the expenditure of funds, the provisions shall not become effective unless approved by the Legislature in the annual Budget Act.