Dismissal of cause of action

(1) In ruling on a motion under section 3, the court shall dismiss with prejudice an action, or part of an action, if all of the following apply: (a) The moving party establishes the cause of action is an eligible cause of action. (b) The responding party fails to establish that the cause of action is not an eligible cause of action under section 2(2). (c) Either of the following applies: (i) The responding party fails to establish a prima facie case as to each essential element of the cause of action. (ii) The moving party establishes either of the following: (A) The responding party failed to state a cause of action on which relief can be granted. (B) 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 action or part of the action. (2) A voluntary dismissal without prejudice of a responding party's action, or part of an action, that is the subject of a motion under section 3 does not affect a moving party's right to obtain a ruling on the motion and seek costs, attorney fees, and expenses under section 10. (3) A voluntary dismissal with prejudice of a responding party's action, or part of an action, that is the subject of a motion under section 3, establishes for the purpose of section 10 that the moving party prevailed on the motion.