Martinez
Martinez v. Hagopian
Opinion
Opinion
Franson, J.
Statement of the Case
Appellant Graciela Martinez and her five children filed a complaint for the wrongful death of Graciela Martinez’s husband, Jorge Martinez, against defendants William Hagopian (respondent in this appeal), Artemio Solano, and Arcadio Solano. The complaint alleged three causes of action based on general negligence, premises liability, and assault and battery. An amendment to the complaint added a cause of action for negligent infliction of emotional distress and a surviving cause of action for personal injuries on behalf of the decedent under Probate Code section 573.
After unsuccessful cross-motions for summary judgment and a petition for extraordinary relief to this court by respondent, the trial court granted respondent’s motion for summary judgment pursuant to an alternative writ of mandate. Judgment was entered, and the complaint was dismissed as to respondent.
Although appellant filed a notice of appeal from the minute order entered by the trial court, we have elected to construe the appeal to be from the judgment. (Cal. Rules of Court, rule 1; Helfer v. Hubert (1962) 208 Cal.App.2d 22, 24-25 [ 24 Cal.Rptr. 900 ].)