What is the test for attorney's fees in an action for damages under section 1021.4 of the California Criminal Code?

Section 1021.4 provides: "In an action for damages against a defendant based upon that defendant's commission of a felony offense for which that defendant has been convicted, the court may, upon motion, award reasonable attorney's fees to a prevailing plaintiff against the defendant who has been convicted of the felony." "[A]n action for damages is 'based upon' the defendant's commission of a felony within the meaning of the statute if and only if the damages claimed by the plaintiff were caused by the same felonious criminal conduct for which the defendant was convicted." (Corenbaum v. Lampkin (2013) 215 Cal.App.4th 1308, 1339.)