Does the statute of limitations bar the entire complaint including the causes of action in equity seeking return of marijuana plants?

The county argues that the statute of limitations applicable to monetary claims against public entities bars the entire complaint, including the causes of action in equity seeking return of the marijuana plants. It bases that argument on the complaint's alternative prayer that, in the event the property is not returned, plaintiff be awarded full replacement value. We reject the county's argument because a claim seeking return of property withheld by the government is not subject to the Government Claims Act "even though some or all of the property may have been dissipated and [the defendant] may be compelled to respond in damages in lieu of property." ( Holt v. Kelly (1978) 20 Cal.3d 560, 565, 143 Cal.Rptr. 625, 574 P.2d 441.) Were it otherwise, a government entity could convert a "wrongful dissipation of the property into an advantage by using it to support an essentially dilatory defense based on failure to comply with the claims statutes." ( Ibid. )

[266 Cal.Rptr.3d 760]