Miller v. Bank of America, N.A. (USA)

Opinion

DAVIS, J.

California has a pair of “holiday statutes” that essentially state that whenever a legal or contractual act is required to be performed on a holiday, the act may be performed on the next business day without any adverse consequence. (Civ. Code, §§ 9, 11.) The question in this appeal is whether these state holiday statutes apply to a national bank’s credit card payment due dates. They do not. This is because these state laws are preempted by a federal law stating that a national bank may make non-real-estate loans without regard to state law limitations concerning the terms of…