(a) In ruling on a motion under § 6003 of this title, the court shall dismiss with prejudice a cause of action, or part of a cause of action, if: (1) The moving party establishes under § 6002(b) or (d) of this title that this chapter applies; (2) The responding party fails to establish under § 6002(c) of this title 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: 1. The responding party failed to state a cause of action upon which relief can be granted; or 2. There is no genuine issue as to any material fact and the moving 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 § 6003 of this title does not affect a moving party's right to obtain a ruling on the motion and seek costs, attorneys' fees, and expenses under § 6010 of this title. (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 § 6003 of this title establishes for the purpose of § 6010 of this title that the moving party prevailed on the motion.
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