If this proceeding had been brought in mandamus, would attorney fees under section 1021.5 be available?

Thus, if this proceeding had been brought in mandamus, attorney fees under section 1021.5 would have been available. Nonetheless, the Court of [42 Cal.3d 228] Appeal concluded that section 1021.5 could not have been intended to apply to habeas corpus proceedings because the statutory procedures governing issuance of the writ are found in the Penal Code. (Pt. 2, tit. 12, 1473 et seq.) In so concluding, the court relied upon language in Fogelson v. Municipal Court (1981) 120 Cal.App.3d 858, 175 Cal.Rptr. 64 to the effect that "attorney fees provisions in the Code of Civil Procedure do not deal with criminal actions, unless the words or context compel a holding that they do." (Id., at p. 862, 175 Cal.Rptr. 64.)