The Honorable Timothy R. Volkmann

Santa Cruz Superior Court, Department 3

Biography

The Hon. Timothy R. Volkmann is a judge for the Superior Court of Santa Cruz County in California. He was appointed to the bench by former governor Arnold Schwarzenegger on July 14, 2008, filling a vacancy created by the retirement of the Hon. Robert Yonts, Jr. (deceased).

Volkmann earned a bachelor’s degree from the University of Wisconsin, Madison. He then received a J.D. from the University of Santa Clara School of Law.

He began his legal career as an associate with Gassett, Perry & Frank in 1981. He would work there for sixteen years, eventually rising to partner. Then, in 1997, he would move to Burton, Volkmann & Schmal, where he worked as a partner until his appointment to the bench. Over the course of his legal career, Volkmann won two of the largest civil settlements in the history of Santa Cruz County.

His wife previously worked as a public defender in Santa Clara County.

Recent Rulings by Hon. Timothy R. Volkmann

  • JPMORGAN CHASE V FUENTES

    May 24, 2021 |  Santa Cruz County

    (UNOPPOSED) MOTION TO CONTINUE CMC The unopposed motion to continue the CMC is granted. The CMC is continued to 8/3/21 at which time the case will be set for trial

    ...

  • O’NEILL V DEPARTMENT OF REAL ESTATE

    May 24, 2021 |  Santa Cruz County

    PETITION FOR WRIT OF MANDATE Petitioner challenges the January 24, 2019 decision of the Respondent DRE denying he 2017 application for a real estate license, following an administrative hearing held on Decembe 18, 2018. The petition is denied, as follows: This action is brought under CCP §1094.5 which limi...

  • STEELHEAD RANCH, LLC V HC VENTURES

    May 21, 2021 |  Santa Cruz County

    MOTIONS TO BE RELIEVED AS COUNSEL The motions of Jihee Ahn and Harris Bricken Sliwoski, LLP, to be relieved as counse of record for Defendants HC Ventures, Inc., Latif Horst and Symphonic, Inc., are grante 1

    ...

  • WALLACE V KARSSLI CORP.

    May 21, 2021 |  Santa Cruz County

    COUNTER COMPLEX CASE DESIGNATION Nothing in the facts or allegations of the Complaint would substantiate a reasonabl inference that a large number of witnesses or a substantial amount of documentary evidence wil be necessary in case. Moreover, none of the other factors to be considered in Cal Rules of Cour...

  • MOTION TO COMPEL DOCUMENTS AND FURTHER RESPONSES AT

    May 20, 2021 |  Santa Cruz County

    DEPOSITION, SANCTIONS Defendant having produced the sought-after declaration under penalty of perjury from St John when it filed its Opposition, the motion to compel documents and further responses a deposition is moot. Plaintiff is awarded sanctions in the amount of $1,500.00 against Defendant. (Cal Cod C...

  • CUMMINGS V SUNDERBERG

    May 20, 2021 |  Santa Cruz County

    DEMURRER The unopposed demurrer is sustained for the reasons discussed below. Plaintiff i granted leave to amend as to the causes of action for fraud, interference with contractua relations, breach of contract , harassment and intentional infliction of emotional distress Plaintiff is denied leave to amend ...

  • MOTION TO CHANGE VENUE

    May 18, 2021 |  Santa Cruz County

    Plaintiffs move for a change of venue on the basis that there is no remaining Defendan residing in Santa Cruz County following their dismissal of Defendant Victoria Elliot; an therefore Santa Cruz is not a proper court. The motion is denied. Venue is determined at the outset of the action. Therefore, venu ...

  • WILLIAMS V WEST COAST HOSPITALS ET AL

    May 18, 2021 |  Santa Cruz County

    MOTION TO VACATE ORDER STAYING PROCEEDINGS AND ELECTION TO WITHDRAW FROM ARBITRATION PER CCP §1281.98 AND REQUEST FOR SANCTIONS PER CCP §1298.99 The motion is granted. Pursuant to CCP §1291.98 (a), the party who drafted an arbitration agreement and i required by the agreement to pay arbitration fees, but f...

  • DEMURRER

    May 18, 2021 |  Santa Cruz County

    An action to defeat a corporate election pursuant to Corp. Code § 709 is a broad-base equity action in which the court may examine the entire transaction without being limited t technical or procedural issues and may adjust the rights of the parties to do justice among them By according standing to any per...

  • DISHEROON V COUNTY OF SANTA CRUZ ET AL.

    May 18, 2021 |  Santa Cruz County

    PETITIONERS’ REQUEST FOR STAY OF DECISION TO ISSUE CONDITIONA LICENSE Petitioners appear to be seeking a stay under the standard for administrative mandamu and traditional mandamus. (See Request for Stay at pp.5-6.) As to whether Petitioners are entitled to a stay under the standard for administrativ manda...

  • HERS V MILLER

    May 18, 2021 |  Santa Cruz County

    MOTION TO COMPEL The motion is denied. Special Interrogatories, Set Two, Interrogatories Nos. 7 and 10 The motion to compel further responses to these two interrogatories is denied on bot procedural and substantive grounds. Plaintiff has failed to file a Separate Statement as require by CRC 3.1345(a) when ...

  • DIAZ V LAWLER

    May 17, 2021 |  Santa Cruz County

    PETITION FOR APPPROVAL OF MINOR’S COMPROMISE The terms of the settlement appearing reasonable, the petition for approval o compromise of the minor’s claim is granted. The funds to be received by the minor must be deposited in a financial institution and no disbursed without further order of the court and a...

  • CROSS- MOTIONS FOR SUMMARY JUDGMENT BY CAIC AND VOYAGER INDEMNITY

    May 12, 2021 |  Santa Cruz County

    Insurance Company CAIC’s complaint seeks a judicial declaration as to its duty to both defend an indemnify. Both parties have stipulated to an adjudication of the issue of CACI’s duty to defen through the filing of their cross-motions, and therefore the court will rule on that issue pursuan to CCP §437c (h...

  • RODRIGUEZ V WESTERN DENTAL SERVICES

    May 10, 2021 |  Santa Cruz County

    DEMURRER, MOTION TO STRIKE ‘It is well established that an amendatory pleading supersedes the original one, whic ceases to perform any function as a pleading.’ Thus, an amended complaint supersedes all prio complaints. The amended complaint furnishes the sole basis for the cause of action, and th original ...

  • SHUTS V CITY OF SCOTTS VALLEY

    May 06, 2021 |  Santa Cruz County

    PLAINTIFF’S MOTION FOR SUMMARY ADJUDICATION CA CCP § 437c (p) For purposes of motions for summary judgment and summar adjudication: (1) A plaintiff has met his or her burden of showing that there is n defense to a cause of action if that party has proved each element of the cause o action entitling t...

  • SHUTS V CITY OF SCOTTS VALLEY

    May 06, 2021 |  Santa Cruz County

    PLAINTIFF’S MOTION FOR SUMMARY ADJUDICATION CA CCP § 437c (p) For purposes of motions for summary judgment and summar adjudication: (1) A plaintiff has met his or her burden of showing that there is n defense to a cause of action if that party has proved each element of the cause o action entitling t...

  • MOTION FOR MANDATORY INJUNCTION

    May 05, 2021 |  Santa Cruz County

    The motion is denied. Defendant John McEnery previously brought an unsuccessful motion for a mandator preliminary injunction, requesting essentially the same relief in July 2020. Although he claim that the circumstances have changed since the ruling on that motion, because he and his brothe Tom have now us...

  • GREEN VALLEY VILLAGE V ALVAREZ

    May 04, 2021 |  Santa Cruz County

    PETITION FOR INJUNCTIVE RELIEF Petitioner having shown to the satisfaction of the court reasonable proof of a continuin or recurring violation of a rule or regulation of the mobilehome park by the named homeowne or resident and that great or irreparable harm would result to the management or othe homeowner...

  • SANTA CLARA FEDERAL CREDIT UNION V RIVAS

    May 04, 2021 |  Santa Cruz County

    (UNOPPOSED) MOTION FOR ATTORNEY’S FEES AND COSTS The unopposed motion for attorney’s fees and costs is granted. Plaintiff is awarded a reasonable attorney’s fees $6,297.50 and costs of $1,065.31, for a total of $7,362.81 The Judgment shall be amended, adding to the Judgment of $13,601.90 plus $7,362.8 fees...

  • PARDUE V LIKINS

    May 04, 2021 |  Santa Cruz County

    HEARING TO DETERMINE VALIDITY OF ELECTION OF CORPORATE DIRECTORS The Parties are required to appear for a hearing. 1

    ...

  • MALEKSALEHI V TABATABAI

    Apr 29, 2021 |  Santa Cruz County

    ANTI-SLAPP MOTION TO STRIKE CROSS-COMPLAINANT ROBERT LINDOW’ FIRST AMENDED CROSS-COMPLAINT by Nemat and Maryam Maleksaleh The motion is granted. Mr. Lindow’s procedural challenge to the motion as untimely under CCP §425.16 (f) i rejected. The motion was filed within 60 days of the filing of the First Amend...

  • CROSS- MOTIONS FOR SUMMARY JUDGMENT BY CAIC AND VOYAGER INDEMNITY

    Apr 28, 2021 |  Santa Cruz County

    Insurance Company CAIC and Voyager Indemnity Insurance Company have brought cross-motions fo summary judgment. The motions address only the issue of CAIC’s duty to defend Ms. Ivanko i the underlying lawsuit, while CAIC’s complaint seeks a judicial declaration as to its duty to bot defend and indemnify Ms. ...

  • MOTION TO REOPEN DISCOVERY

    Apr 27, 2021 |  Santa Cruz County

    The motion is granted. After a review of the case file and discovery proceedings in this matter the court find that the delay in seeking the requested discovery has been due in large part to Defendants conduct, rather than any lack of diligence on Plaintiffs’ part; and that a further deposition o Quay Hays...

  • KEENAN’S MOTION FOR RELIEF FROM WAIVER OF OBJECTIONS

    Apr 27, 2021 |  Santa Cruz County

    The motion for relief from waiver of objections is granted in part and denied in part Based on a review of the pleadings and papers submitted in support of and in oppositio to the motion, the Court finds that Keenan has met the conditions of Cal Code Civ Proc 2031.300(a) (1) & (2). As to the first conditi...

  • See More Results

Recent Rulings by Hon. Timothy R. Volkmann

  • JPMORGAN CHASE V FUENTES

    May 24, 2021 |  Santa Cruz County

    (UNOPPOSED) MOTION TO CONTINUE CMC The unopposed motion to continue the CMC is granted. The CMC is continued to 8/3/21 at which time the case will be set for trial

    ...

  • O’NEILL V DEPARTMENT OF REAL ESTATE

    May 24, 2021 |  Santa Cruz County

    PETITION FOR WRIT OF MANDATE Petitioner challenges the January 24, 2019 decision of the Respondent DRE denying he 2017 application for a real estate license, following an administrative hearing held on Decembe 18, 2018. The petition is denied, as follows: This action is brought under CCP §1094.5 which limi...

  • STEELHEAD RANCH, LLC V HC VENTURES

    May 21, 2021 |  Santa Cruz County

    MOTIONS TO BE RELIEVED AS COUNSEL The motions of Jihee Ahn and Harris Bricken Sliwoski, LLP, to be relieved as counse of record for Defendants HC Ventures, Inc., Latif Horst and Symphonic, Inc., are grante 1

    ...

  • WALLACE V KARSSLI CORP.

    May 21, 2021 |  Santa Cruz County

    COUNTER COMPLEX CASE DESIGNATION Nothing in the facts or allegations of the Complaint would substantiate a reasonabl inference that a large number of witnesses or a substantial amount of documentary evidence wil be necessary in case. Moreover, none of the other factors to be considered in Cal Rules of Cour...

  • MOTION TO COMPEL DOCUMENTS AND FURTHER RESPONSES AT

    May 20, 2021 |  Santa Cruz County

    DEPOSITION, SANCTIONS Defendant having produced the sought-after declaration under penalty of perjury from St John when it filed its Opposition, the motion to compel documents and further responses a deposition is moot. Plaintiff is awarded sanctions in the amount of $1,500.00 against Defendant. (Cal Cod C...

  • CUMMINGS V SUNDERBERG

    May 20, 2021 |  Santa Cruz County

    DEMURRER The unopposed demurrer is sustained for the reasons discussed below. Plaintiff i granted leave to amend as to the causes of action for fraud, interference with contractua relations, breach of contract , harassment and intentional infliction of emotional distress Plaintiff is denied leave to amend ...

  • MOTION TO CHANGE VENUE

    May 18, 2021 |  Santa Cruz County

    Plaintiffs move for a change of venue on the basis that there is no remaining Defendan residing in Santa Cruz County following their dismissal of Defendant Victoria Elliot; an therefore Santa Cruz is not a proper court. The motion is denied. Venue is determined at the outset of the action. Therefore, venu ...

  • WILLIAMS V WEST COAST HOSPITALS ET AL

    May 18, 2021 |  Santa Cruz County

    MOTION TO VACATE ORDER STAYING PROCEEDINGS AND ELECTION TO WITHDRAW FROM ARBITRATION PER CCP §1281.98 AND REQUEST FOR SANCTIONS PER CCP §1298.99 The motion is granted. Pursuant to CCP §1291.98 (a), the party who drafted an arbitration agreement and i required by the agreement to pay arbitration fees, but f...

  • DEMURRER

    May 18, 2021 |  Santa Cruz County

    An action to defeat a corporate election pursuant to Corp. Code § 709 is a broad-base equity action in which the court may examine the entire transaction without being limited t technical or procedural issues and may adjust the rights of the parties to do justice among them By according standing to any per...

  • DISHEROON V COUNTY OF SANTA CRUZ ET AL.

    May 18, 2021 |  Santa Cruz County

    PETITIONERS’ REQUEST FOR STAY OF DECISION TO ISSUE CONDITIONA LICENSE Petitioners appear to be seeking a stay under the standard for administrative mandamu and traditional mandamus. (See Request for Stay at pp.5-6.) As to whether Petitioners are entitled to a stay under the standard for administrativ manda...

  • HERS V MILLER

    May 18, 2021 |  Santa Cruz County

    MOTION TO COMPEL The motion is denied. Special Interrogatories, Set Two, Interrogatories Nos. 7 and 10 The motion to compel further responses to these two interrogatories is denied on bot procedural and substantive grounds. Plaintiff has failed to file a Separate Statement as require by CRC 3.1345(a) when ...

  • DIAZ V LAWLER

    May 17, 2021 |  Santa Cruz County

    PETITION FOR APPPROVAL OF MINOR’S COMPROMISE The terms of the settlement appearing reasonable, the petition for approval o compromise of the minor’s claim is granted. The funds to be received by the minor must be deposited in a financial institution and no disbursed without further order of the court and a...

  • CROSS- MOTIONS FOR SUMMARY JUDGMENT BY CAIC AND VOYAGER INDEMNITY

    May 12, 2021 |  Santa Cruz County

    Insurance Company CAIC’s complaint seeks a judicial declaration as to its duty to both defend an indemnify. Both parties have stipulated to an adjudication of the issue of CACI’s duty to defen through the filing of their cross-motions, and therefore the court will rule on that issue pursuan to CCP §437c (h...

  • RODRIGUEZ V WESTERN DENTAL SERVICES

    May 10, 2021 |  Santa Cruz County

    DEMURRER, MOTION TO STRIKE ‘It is well established that an amendatory pleading supersedes the original one, whic ceases to perform any function as a pleading.’ Thus, an amended complaint supersedes all prio complaints. The amended complaint furnishes the sole basis for the cause of action, and th original ...

  • SHUTS V CITY OF SCOTTS VALLEY

    May 06, 2021 |  Santa Cruz County

    PLAINTIFF’S MOTION FOR SUMMARY ADJUDICATION CA CCP § 437c (p) For purposes of motions for summary judgment and summar adjudication: (1) A plaintiff has met his or her burden of showing that there is n defense to a cause of action if that party has proved each element of the cause o action entitling t...

  • SHUTS V CITY OF SCOTTS VALLEY

    May 06, 2021 |  Santa Cruz County

    PLAINTIFF’S MOTION FOR SUMMARY ADJUDICATION CA CCP § 437c (p) For purposes of motions for summary judgment and summar adjudication: (1) A plaintiff has met his or her burden of showing that there is n defense to a cause of action if that party has proved each element of the cause o action entitling t...

  • MOTION FOR MANDATORY INJUNCTION

    May 05, 2021 |  Santa Cruz County

    The motion is denied. Defendant John McEnery previously brought an unsuccessful motion for a mandator preliminary injunction, requesting essentially the same relief in July 2020. Although he claim that the circumstances have changed since the ruling on that motion, because he and his brothe Tom have now us...

  • GREEN VALLEY VILLAGE V ALVAREZ

    May 04, 2021 |  Santa Cruz County

    PETITION FOR INJUNCTIVE RELIEF Petitioner having shown to the satisfaction of the court reasonable proof of a continuin or recurring violation of a rule or regulation of the mobilehome park by the named homeowne or resident and that great or irreparable harm would result to the management or othe homeowner...

  • SANTA CLARA FEDERAL CREDIT UNION V RIVAS

    May 04, 2021 |  Santa Cruz County

    (UNOPPOSED) MOTION FOR ATTORNEY’S FEES AND COSTS The unopposed motion for attorney’s fees and costs is granted. Plaintiff is awarded a reasonable attorney’s fees $6,297.50 and costs of $1,065.31, for a total of $7,362.81 The Judgment shall be amended, adding to the Judgment of $13,601.90 plus $7,362.8 fees...

  • PARDUE V LIKINS

    May 04, 2021 |  Santa Cruz County

    HEARING TO DETERMINE VALIDITY OF ELECTION OF CORPORATE DIRECTORS The Parties are required to appear for a hearing. 1

    ...

  • MALEKSALEHI V TABATABAI

    Apr 29, 2021 |  Santa Cruz County

    ANTI-SLAPP MOTION TO STRIKE CROSS-COMPLAINANT ROBERT LINDOW’ FIRST AMENDED CROSS-COMPLAINT by Nemat and Maryam Maleksaleh The motion is granted. Mr. Lindow’s procedural challenge to the motion as untimely under CCP §425.16 (f) i rejected. The motion was filed within 60 days of the filing of the First Amend...

  • CROSS- MOTIONS FOR SUMMARY JUDGMENT BY CAIC AND VOYAGER INDEMNITY

    Apr 28, 2021 |  Santa Cruz County

    Insurance Company CAIC and Voyager Indemnity Insurance Company have brought cross-motions fo summary judgment. The motions address only the issue of CAIC’s duty to defend Ms. Ivanko i the underlying lawsuit, while CAIC’s complaint seeks a judicial declaration as to its duty to bot defend and indemnify Ms. ...

  • MOTION TO REOPEN DISCOVERY

    Apr 27, 2021 |  Santa Cruz County

    The motion is granted. After a review of the case file and discovery proceedings in this matter the court find that the delay in seeking the requested discovery has been due in large part to Defendants conduct, rather than any lack of diligence on Plaintiffs’ part; and that a further deposition o Quay Hays...

  • KEENAN’S MOTION FOR RELIEF FROM WAIVER OF OBJECTIONS

    Apr 27, 2021 |  Santa Cruz County

    The motion for relief from waiver of objections is granted in part and denied in part Based on a review of the pleadings and papers submitted in support of and in oppositio to the motion, the Court finds that Keenan has met the conditions of Cal Code Civ Proc 2031.300(a) (1) & (2). As to the first conditi...

  • See More Results

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