What if your property was seized by law enforcement officials as part of an arrest or search targeted at someone else? If there is a pending criminal case against the person from whom your property was seized, you can file your motion papers directly in that pending case, using its case title and docket number. You may have to wait until the end of the case, including appeal or retrial, before you can get your property back - see Penal Code §1411.
Where no criminal charges are ever filed, and you therefore have no pending 'case' in which you can file your motion, the motion for return of property will be treated as a 'special proceeding'. People v Superior Court (Aquino), 201 Cal. App. 3d 1346 (1988). The case title in a special proceeding may be based upon a description of the seized property and the person from whom it was seized. For example: "In re 36 Video Tapes Seized from Lieutenant Colonel and Mrs. Michael Aquino." You should serve the motion on the entity holding the property, such as the police department, as well as the prosecutor who originally sought the search warrant, if there was one. People v Superior Court (Aquino), 201 Cal. App. 3d 1346 (1988).
Non-defendants may move for return of seized property using California Penal Code §1539 and §1540 on the grounds that the search warrant used to seize the property was not supported by probable cause or because the property taken was not the same as that described by the warrant. See Ensoniq Corp v Superior Court, 65 Cal. App. 4th 1537 (1998), People v Superior Court (Loar), 28 Cal. App. 3d 600 (1972); Gershenhorn v Superior Court of Los Angeles County, 227 Cal. App. 2d 361 (1964). You may be able to make this kind of motion even if you do not contest the legality of the search and seizure. California Judges Benchbook: Search and Seizure (CEB/CJER), "Handling Penal Code Section 1538.5 Motions," Section 6.154, found in the Library at KFC1155 .C38.
However, if the property was actually seized from the possession of someone else, then it will be presumed to be their property and will only be returned to them unless they are convicted of stealing or embezzling the property, or the prosecutor can prove that it was stolen or embezzled. Ensoniq Corp v Superior Court, 65 Cal. App. 4th 1537 (1988). Where this showing is made, then you may apply to the court under California Penal Code §§1407 - 1411 to have the property returned to you, but you must give satisfactory proof to the court that you own it, and you must give notice of your motion to the person from whom it was originally seized.
Use these sample templates to draft your own motion. Read each brief carefully and tailor it to your own situation.
Additionally, you can find Proof of Service forms here.