What is the test for "exceptional circumstances" in determining whether a plaintiff has been successful in her claim for wrongful death?
MultiRegion, United States of America
The following excerpt is from Gardner v. CDCR, No. 2:17-cv-1921 AC P (E.D. Cal. 2017):
"When determining whether 'exceptional circumstances' exist, a court must consider 'the likelihood of success on the merits as well as the ability of the [plaintiff] to articulate his claims pro se in light of the complexity of the legal issues involved.'" Palmer v. Valdez, 560 F.3d 965,
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