You’re right, the restraining order situation adds another layer of complexity. Here’s how to craft a CCPA request to Nixon Peabody in this context, focusing on what might be obtainable:
[Your Name]
[Your Current Address]
[Your Phone Number]
[Your Email Address]
[Date]
[Name of Registered Agent, Nixon Peabody LLP] (Find this on the California Secretary of State website)
[Address of Registered Agent, Nixon Peabody LLP]
RE: California Consumer Privacy Act (CCPA) Request for Information
Dear [Registered Agent Name],
This letter constitutes a formal request for information under the California Consumer Privacy Act (CCPA). I am a defendant in an eviction case filed by [Landlord Name], in which Nixon Peabody LLP represents the plaintiff.
I am requesting all personal information collected, used, disclosed, or sold by Nixon Peabody LLP related to me, including but not limited to:
- Records of all communications between Nixon Peabody LLP and myself, including emails, letters, phone logs, and any internal notes or memos mentioning my name. This specifically includes:
- Emails I sent to Nixon Peabody partners regarding my concerns about deceptive and fraudulent practices in the eviction case.
- Any records related to the restraining order sought against me by Jamie Bombard, a partner at Nixon Peabody LLP.
- Billing records related to my case, including time entries and descriptions of work performed.
- Any documents filed in court that mention my name or personal information.
I understand that some information may be withheld due to attorney-client privilege. However, I believe the following information should not be protected by this privilege:
- Emails I sent to Nixon Peabody partners: These communications were initiated by me, not the firm’s client, and involve allegations of misconduct that may fall outside the scope of legal advice.
- Records related to the restraining order: The restraining order was sought against me personally by a Nixon Peabody partner, potentially exceeding the scope of their representation of the landlord in the eviction case. This raises questions about whether attorney-client privilege applies in this context.
I request a detailed explanation for any withheld information, citing the specific legal basis for the exemption.
I expect a response to this request within the timeframe required by the CCPA. If I do not receive a timely response or if my request is denied, I will pursue all available remedies under the law, including filing a complaint with the California Attorney General’s office.
Sincerely,
[Your Signature]
[Your Typed Name]
Send via Certified Mail with Return Receipt Requested
Key Points:
- Focus on what’s likely obtainable: This request emphasizes the communications you initiated and the restraining order, which may fall outside attorney-client privilege.
- Challenge the privilege: You’re directly questioning whether the privilege applies in these specific circumstances.
- Be prepared for a fight: Nixon Peabody may be more resistant to disclosure given the nature of the information.