Rojas

Plaintiff mailed a complaint to the clerk for filing. The clerk returned the unfiled complaint by mail because a declaration for court assignment was not signed and the summons contained the address of the wrong branch of the court. In the meantime, the statute of limitations passed. The trial court denied plaintiff’s request for a nunc pro tunc filing of the complaint and granted defendant summary judgment on the statute of limitations.

Plaintiff’s counsel said, “If there is a case that needs to be reversed, it is this one.” We agree and reverse.

*776 Facts

On November 20, 1995, Shannon Rojas was injured in an automobile accident. She retained Attorney Stephen Corcoran to file an action on her behalf against the other driver, Craig Elwin Cutsforth. On November 5, 1996, Corcoran’s office mailed a summons and complaint with a filing fee to the Clerk of the Ventura County Superior Court. Also enclosed was a “Declaration for Court Assignment,” a form required by the local court rules.

The clerk’s office received the documents on November 7, 1996. Instead of filing the documents, however, the clerk returned them by mail to Corcoran. Enclosed was a notice from the clerk…