What is the test for "exceptional circumstances" in determining whether a plaintiff can bring an action in which they are entitled to sue for damages in the form of personal injury?
MultiRegion, United States of America
The following excerpt is from Robinson v. Ramos, Case No.: 13-cv-01715-WQH-JLB (S.D. Cal. 2015):
(2010). "When determining whether 'exceptional circumstances' exist, a court must consider 'the likelihood of success on the merits as well as the ability of the petitioner to articulate his claims pro se in light of the complexity of the legal issues involved.'" Id. (quoting Weygandt v. Look, 718 F.2d 952, 954 (9th Cir.1983)).
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