Lotito

— By a grant deed dated October 23, 1968, Anna D. Peyton purportedly transferred her residence located at 2894 East Sierra Madre Boulevard, in Pasadena, to her only son, James W. Peyton. In February 1974, Elvin Wayment as the conservator of Mrs. Peyton’s estate, brought suit against James and numerous other parties including respondent Allstate Savings and Loan Association and appellant John Lotito, the notary public who acknowledged the signature of Anna D. Peyton on the 1968 deed. By his first caujse of action, the conservator sought to quiet title to the Sierra Madre Boulevard property against James and Allstate, claiming that the 1968 grant deed was a forgery.

After James got the apparent title to the property by virtue of the alleged forged deed, he had borrowed $24,000 from Allstate giving it a trust deed on the property as security. Allstate cross-complained for indemnity against James and appellant Lotito. It was Allstate’s position that if the 1968 deed proved to be a forgery, Allstate would lose its position as a secured creditor and its chance to secure repayment of its loan to James. Allstate claimed indemnity in the amount of $24,000 from James on the theory…