very similar to that in Burnett and other cases where equitable tolling has been found to apply. See Bur- nett, 380 U.S. at 434-35, 85 S.Ct. 1050; Berry v. Pacific Sportfishing, Inc., 372 F2d 213 (9th Cir.1967) (tolling statute of limitations after case improperly filed in state rather than federal court). But see Shofer v. Ha