Dismissal of cause of action

(a) In ruling on a motion under section 634G-3(a), the court shall dismiss with prejudice a cause of action or part of a cause of action if: (1) The moving party establishes under section 634G-2(a) that this chapter applies; (2) The responding party fails to establish under section 634G-2(b) that this chapter does not apply; and (3) Either: (A) The responding party fails to establish a prima facie case as to each essential element of the cause of action; or (B) The moving party establishes that: (i) The responding party failed to state a cause of action upon which relief can be granted; or (ii) There is no genuine issue as to any material fact and the party is entitled to judgment as a matter of law on the cause of action or part of the cause of action. (b) A voluntary dismissal without prejudice of a responding party's cause of action, or part of a cause of action, that is the subject of a motion under section 634G-3(a) shall not affect a moving party's right to obtain a ruling on the motion and seek costs, reasonable attorney's fees, and reasonable litigation expenses under section 634G-9. (c) A voluntary dismissal with prejudice of a responding party's cause of action, or part of a cause of action, that is the subject of a motion under section 634G-3(a) shall establish for the purpose of section 634G-9 that the moving party prevailed on the motion.