(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.