Can a successful party to a tort action be awarded attorney fees under section 1021.5 of the Code of Civil Procedure?

^9. Section 1021.5 of the Code of Civil Procedure, a statute Casas invokes in his briefs on appeal, also permits a court to award attorney fees to a successful party in any action which has resulted in the enforcement of an important right affecting the public interest if certain prerequisites are satisfied. Casas made no claim in the trial court that attorney fees were justified under Code of Civil Procedure section 1021.5, and we accordingly do not consider that argument on appeal. (Dowling v. Farmers Ins. Exchange (2012) 208 Cal.App.4th 685, 696 ["We generally will not consider an argument asserted for the first time on appeal"].)