Souvannarath

Statement of the Case

This is an appeal from a judgment directing the issuance of a writ of mandate. From July 30, 1998, to May 27, 1999, respondent Hongkham Souvannarath was detained in the Fresno County jail pursuant to an order of quarantine and isolation signed by appellant and defendant Dr. David Had-den, the Fresno County Health Officer. The detention was based upon Souvannarath’s noncompliance with the plan prescribed to treat her multidrug-resistant tuberculosis (TB). On June 10, 1999, after her release, Souvannarath filed a petition for writ of mandate in Fresno County Superior Court. Relying upon Health and Safety Code sections 121364, 121365, 121366 and 121358, she sought an order directing appellant and defendant Fresno County (County) to desist from placing noncompliant TB patients such as Souvannarath in the county jail. The petition was amended on June 29, 1999, to include a request for attorney fees pursuant to Civil Code section 1021.5. The petition also named, as defendants, appellants Betty Tarr, the Division Manager of Fresno County Health Services Agency (Department); Dr. Michael J. Reynolds, the Public Health Physician and County TB Control Officer;…