Walker

In a complaint alleging negligence and breach of warranty plaintiff seeks damages for personal injuries against defendants Mueller, Joe Fazio, dba Standard Chemway Co., Stauffer Chemical Corp., and others. On motion of Stauffer a summary judgment was entered in its favor. Plaintiff has appealed from that judgment. We have concluded that the appeal lies even though the judgment is not final as to the rights of all of the parties to the litigation. (Code Civ. Proc., §§ 437c, 904.1; Wilson v. Sharp, 42 Cal.2d 675, 677 [ 268 P.2d 1062 ]; County of Los Angeles v. Stone, 198 Cal.App.2d 640, 645 [ 18 Cal.Rptr. 72 ].)

The summary disposition of this action was based upon the pleadings, declarations of attorneys for Stauffer and plaintiff, as well as upon answers to interrogatories made by plaintiff and codefendant Fazio. The trial court concluded there was no triable issue of fact with respect to defendant Stauffer and ordered that judgment be entered in its favor as a matter of law. We find no error in such a determination of the matter.

It appears without conflict that plaintiff, a tenant of premises owned and maintained by defendant Mueller, was injured as the result of the…