a. In ruling on an order to show cause under section 3 of P.L.2023, c.155 (C. 2A:53A-51), the court shall dismiss with prejudice a cause of action, or part of a cause of action, if:

(1) the moving party established under subsection b. of section 2 of P.L.2023, c.155 (C. 2A:53A-50) that this act applies;

(2) the responding party fails to establish under subsection c. of section 2 of P.L.2023, c.155 (C. 2A:53A-50) that this act does not apply; and

(3) either:

(a) the responding party fails to establish a prima facie case as to each essential element of any cause of action in the complaint; 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 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 an order to show cause under section 3 of P.L.2023, c.155 (C. 2A:53A-51) does not affect a moving party’s right to obtain a ruling on the order to show cause and seek costs, attorney’s fees, and expenses under section 10 of P.L.2023, c.155 (C. 2A:53A-58).

c. A voluntary dismissal with prejudice of a responding’s party cause of action, or part of a cause of action, that is the subject of an order to show cause under section 3 of P.L.2023, c.155 (C. 2A:53A-51) establishes for the purpose of section 10 of P.L.2023, c.155 (C. 2A:53A-58) that the moving party prevailed on the motion.

L.2023, c.155, s.7.