Mary Cocchiarella v. Donald Driggs, 884 N.W.2d 621 (2016)

Citation: Mary Cocchiarella v. Donald Driggs, 884 N.W.2d 621 (2016)
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 *625against 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 Gocchiar-ella’s petition that she paid‘rent for February 2014, was-told she could move in “a couple days” after February 1, and'was excluded from the apartment during that month.

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