Parenti

Plaintiff (appellant) received a blood transfusion at Woodruff Gables Hospital. The two pints of whole blood which were obtained by the defendant hospital from Lifeline Blood Bank (respondent) contained serum hepatitis. Appellant filed her first amended complaint on July 30, 1973, alleging three causes of action. The first cause of action is for strict liability, the second for breach of warranty, and the third for negligence. On September 11, 1973, respondent demurred to the three causes of action. On September 25, 1973, the general demurrer to the first and second causes of action was sustained. At appellant’s request, the demurrer was ordered to be without leave to amend. After filing her “Notice of Eligibility to File Certificate of Readiness,” appellant, on May 3, 1974, pursuant to Code of Civil Procedure section 581, subdivision 1, filed a request for dismissal of the “[e]ntire action as to all defendants.” The clerk entered the dismissal the same day. Also on May 3 appellant filed her notice of appeal “from a judgment of dismissal entered upon a sustaining of a Demurrer without leave to amend on September 25, 1973 ....”

Although her notice of appeal states that…