Long

Plaintiff Richard Long appeals from a summary judgment entered for defendant City of Los Angeles based on plaintiff’s failure to comply with the claims provisions of the Government Tort Claims Act. (Gov. Code, § 900 et seq.) We conclude, however, that this action for specific recovery of personal property (some 525 birds, their cages, and related items), is exempt from the Tort Claims Act. The exemption is not lost simply because half of plaintiff’s birds died while in defendant’s possession, thus forcing plaintiff to seek monetary damages in lieu of their return. (Holt v. Kelly (1978) 20 Cal.3d 560, 565 [ 143 Cal.Rptr. 625 , 574 P.2d 441 ]; Minsky v. City of Los Angeles (1974) 11 Cal.3d 113, 121-122, fn. 14 [ 113 Cal.Rptr. 102 , 520 P.2d 726 ].) We reverse the summary judgment.

Background

Plaintiff kept some 525 birds at his home. In August 1994, the city obtained a search warrant after one of plaintiff’s neighbors complained that the birds were being neglected. The city seized the birds.

In December 1994, the city informed plaintiff that he could redeem his birds by reimbursing the city $15,824 for their care and feeding. The city threatened to auction the birds if…