December 28, 2006

Ask The Lawyer

Tis the season to think in terms of legal holidays

This week's question:
With the Christmas holiday over and the New Year's holiday rapidly approaching, I was wondering whether there is a definition of a legal holiday. How many legal holidays are there? If I wanted to promote a day to become a legal holiday, how would I do that?

Jack J.
Almaden Valley


Dear Jack,
Your questions are good ones, Jack. It seems to me that there are two types of legal holidays, state and federal. Most of them are the same, but there are some differences.

State legal holidays are usually established by the State Legislature, in our case in Sacramento. The bill would then be signed by the governor and would become law. Unfortunately, what we have is something like a patchwork quilt when it comes to finding the legal definitions. You would think that all the legal definitions would be in one nice, central compact area, but not so.

California state holidays are referred to in two or three codes, Civil, Civil Procedure, and Government, as well as California Rules of Court.

§7 of the California Civil Code states that "holidays" within the meaning of this code are every Sunday and such other days as are specified or provided for as holidays in the Government Code of the State of California.
§12a of the Code of Civil Procedure provides in part that "holiday" means all day on Saturdays, all holidays specified in §135 and, to the extent provided in §12b, all days, which by terms of §12b are required to be considered as holidays.

Of course, the legal definition of a holiday has importance when it comes to many related activities, such as legal holiday paid time off pursuant to an employment contract or meeting deadlines that fall on a legal holiday. For example, if a person was served with a summons and complaint and had 30 days to answer the suit, if the 30th day deadline fell on Christmas, the deadline would be extended to the next working day.

And then there are "judicial" holidays (when the courts are closed) governed by California Code of Civil Procedure §135 referred to above. That authority provides that every Saturday and the day after Thanksgiving Day is a judicial holiday as well as the days listed below.

Government Code §§6700-6720 cover holidays in this state, including:

- Every Sunday

- Jan. 1

- The third Monday in January, known as "Dr. Martin Luther King, Jr. Day"

- The third Monday in February ("Presidents' Day")

- March 31 known as "Cesar Chavez Day"

- The last Monday in May (Memorial Day observed)

- July Fourth (Independence Day)

- The first Monday in September (Labor Day)

- Sept. 9, known as “Admission Day” (but this is not a “judicial holiday”)

- The second Monday in October ("Columbus Day")

- Nov. 11 ("Veterans Day")

- Fourth Thursday in November (usually) ("Thanksgiving")

- Dec. 25 ("Christmas")

- Good Friday from 12 noon until 3 p.m.

There are special rules, too, for when some (but not all) of the holidays listed above fall upon a Sunday. In that case, the Monday following is a holiday. You can see how some of those special rules are set out by reading Government Code §6700 and following by logging onto: www.findlaw.com. Head for California statutes and enter that number. The various sections will be in front of you with a couple of mouse clicks. The same would be true too for the Civil Code and Code of Civil Procedure sections referred to above.

There is also the possibility of an “optional bank holiday” when any closing of a bank because of an extraordinary situation is called for as provided in California Civil Code §7.1. Let's hope we don't have one of those anytime soon.

If you would be interested in establishing a new holiday, you would need to contact your state representative in Sacramento for a new state of California holiday to be approved or your congressional representative in Washington, D.C. for a new federal holiday to be approved. It wasn't too long ago, for example, that the Martin Luther King family and other supporters promoted the establishment of a legal holiday in honor of Dr. King.

Donald J. DeVries
Almaden Valley


Donald J. DeVries is an attorney practicing law in Almaden Valley. If you would like him to answer your question in his next Almaden Times column, you can reach him by e-mail at don@almadenvalleylawyers.com, fax at (408) 268-6502, telephone at (408) 268-9500, or mail at, 6475 Camden Avenue, Suite 200, San Jose, CA 95120. Your matters are personal and private, so of course, he will not disclose your identity or any details about your situation. To view Almaden Times columns since 1986 visit www.almadenvalleylawyers.com. DeVries writes this column to provide you with general information about important legal matters affecting California residents—not to give you legal advice about your specific matter. No attorney-client relationship is created by these articles. The law is complex and constantly changing and varies from state to state. So you should consult an attorney before taking any action that would affect your personal or business matters.