Medellin

DISCUSSION

Summary judgment is properly granted if there is no triable issue of material fact, and the moving party is entitled to a judgment as a matter of law. (Code Civ. Proc., § 437c, subd. (c).) We review the trial court’s ruling on a motion for summary judgment de novo, viewing the evidence in the light most favorable to the opposing party. (Shin v. Ahn (2007) 42 Cal.4th 482, 499.) Appellants seek to quiet title to the property on the theory that the deed of trust is void under Family Code section 11023 because Medellin did not sign it. Section 1102, subdivision (a) provides that “both spouses, either personally or by a duly authorized agent, must join in executing any instrument by which . . . community real property or any interest therein is . . . sold, conveyed, or encumbered.” Unauthorized gifts, conveyances or encumbrances of community property are not void, but they are voidable at the election of the nonconsenting spouse. (Clar v. Cacciola (1987) 193 Cal.App.3d 1032, 1036.) Section 1102, subdivision (d) provides that no action “to avoid an instrument mentioned in this section, affecting any property standing of record in the name of either spouse alone, executed by…