Viotti v. Giomi

This ease involves an appeal by defendant and cross-complainant Giomi, an unsatisfied judgment creditor, from a judgment quieting title in plaintiffs Viotti to property which Giomi had purchased at an execution sale. The court found that plaintiffs had a valid homestead and that Giomi had failed to comply with section 1245 of the Civil Code. The cross-defendant title company appeals from the judgment quieting title in plaintiffs and also from a judgment for Giomi holding it liable for failure to note plaintiffs’ homestead in its litigation report to Giomi.

The facts are not in dispute. In…