§ 504B

Citation: § 504B
Parent Document: Mary Cocchiarella v. Donald Driggs, 884 N.W.2d 621 (2016)
Jurisdiction: Minnesota (state)
Effective Date: 2016-08-31
Original Source: https://www.courtlistener.com/opinion/4252990/mary-cocchiarella-v-donald-driggs/ ↗

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       The dissent concedes that an oral lease existed but concludes that the agreement did
not specify the effective date of the lease, and therefore Cocchiarella did not have the
present legal right of occupancy. In doing so, the dissent ignores the allegations of the
complaint, which our case law requires that we assume to be true. “A claim is sufficient
against a motion to dismiss for failure to state a claim if it is possible on any evidence
which might be produced, consistent with the pleader’s theory, to grant the relief
demanded.” Walsh v. U.S. Bank, N.A., 851 N.W.2d 598, 603 (Minn. 2014). Cocchiarella’s
theory is that she had the legal right of occupancy when she petitioned the housing court
for relief on February 12, 2014. This theory is possible based on the facts stated in

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