Rincon

On January 26, 1984, Maribel Rincon (appellant), a minor, by and through her guardian ad litem, Mauricio Rincon, filed a claim against Burbank Unified School District (respondent) alleging that on October 19, 1983, the minor plaintiff fell and fractured her left radius on respondent’s school premises due to its failure to properly maintain them. In this claim, Blanca Rincon was designated as appellant’s guardian ad litem and the address of the claimant was stated to be 248 West Elm Avenue #B, Burbank, California 91502.

On February 2, 1984, respondent rejected the claim and alleges that it sent notice of that rejection to appellant on February 3, 1984, by mail to the address given in the claim. On September 24, 1984, appellant by Mauricio Rincon, her guardian ad litem, filed her complaint.

Subsequent to filing its answer, on December 5, 1984, respondent filed a motion for summary judgment on the ground that appellant had failed to file her complaint within the six-month statutory period provided- by Government Code section 913. The motion was supported by three declarations. One of those declarations by Mel Ross recited that “[on] February 3, 1984, the [respondent] sent…