Alma Gasca v. Launchbase Properties, LLC

COURT OF APPEALS EIGHTH DISTRICT OF TEXAS EL PASO, TEXAS ALMA GASCA, § No. 08-24-00134-CV Appellant, § Appeal from the v. § County Court at Law No. 7 LAUNCHBASE PROPERTIES, LLC, § of El Paso County, Texas Appellee. § (TC# 2024-CCV00278) MEMORANDUM OPINION Appellant Alma Gasca appeals a final judgment granting Launchbase Properties, LLC (Launchbase) possession of a residential property, while ordering her to vacate the premises within ten days. In two issues on appeal, Gasca asserts the evidence in support of the judgment is legally and factually insufficient to support two findings: (1) that Launchbase delivered a proper demand for possession and notice to vacate; and (2) that the evidence established the notice-to-vacate period had expired. We affirm. I. FACTUAL BACKGROUND Edmundo Alexis Rubio, Launchbase’s representative and sole managing member, testified he purchased a house located at 3624 Cottontail Drive, El Paso, Texas (the Property), on November 7, 2023, at a foreclosure sale. He received a Foreclosure Sale Deed conveying title to Launchbase on November 15, 2023. Weeks later, on November 29, 2023, he posted a notice to vacate at the Property site. Rubio testified he normally would post a notice to vacate on the front door of a house, but because this Property had a “beware of dog” sign and he had seen a pit bull on the Property, he instead put the notice inside an envelope, labelled the envelope “important document,” and taped the envelope to a rock wall at the entrance to the Property. The notice, entitled “3 Day Notice to Vacate,” was addressed to “Alma Gasca and/or current occupants,” signed by Rubio on behalf of Launchbase, and stated: Reason for 3 day to [sic] notice to vacate/quit: Forcible detainer of property after foreclosure occurred on November 7th, 2023. This is an unconditional demand for possession. Under Texas Property Code Section 24.005 you are hereby given notice to vacate the premises within 3 days after delivery of this notice. Rubio then drove to the Post Office and sent “the exact same envelope that [he] had written and taped to the rock wall” by regular mail to the street address of 3624 Cottontail. He retained no evidence documenting that he mailed the notice by regular mail. Rubio then went to the El Paso County Central Appraisal District website and mailed the same notice by certified mail to the following P.O. Box address, which the website showed for Gasca: P.O. Box 26219, El Paso, TX 79926-6219. 1 He explained he sent the notice to the P.O. Box address because he was not sure if the Property had a mailbox. When the certified mail was delivered, Rubio received an email from USPS Tracking showing his “item” with the tracking number 9514 8066 9471 3333 1043 84 had been delivered on December 1, 2023. 1 The Appraisal District showed the physical address of the property as located at 3624 Cottontail Dr, Clint, Tx. There is no dispute that the Property is in El Paso, Texas. 2  Rubio said Gasca called him on November 29th and asked him about the notice. Rubio said he told Gasca that the Property had been foreclosed and the notice gave her three days to leave the Property. He told her “you can come to an agreement with me, then maybe we can do it later, but you need to get in contact with me because you have three days to vacate the property.” Rubio believed that, based on the telephone call, Gasca was aware of the notice to vacate. After having no further contact with Gasca, Rubio filed suit in the justice of the peace court on December 6, 2023. 2 Rubio subsequently filed suit in county court and a bench trial commenced on May 13, 2024. During trial, Rubio was asked on cross-examination why he alleged only two methods of notice in his justice of the peace petition (i.e., posting at the property and by certified mail), instead of three methods of notice. Rubio responded he did not have room on the form petition he had used. Gasca testified she had lived on the Property located at 3624 Cottontail Drive, El Paso, Texas, for more than 25 years, her daughter lived with her, and no one else lived at the Property. She said she saw the notice to vacate posted at the Property but could not remember the first time she saw