RCW 4.105.060
250 words·~1 min read·
/wa/title-4/chapter-4-105/4-105-060·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(1)In ruling on a motion under RCW 4.105.020 , the court shall dismiss with prejudice a cause of action, or part of a cause of action, if:
(a)The moving party establishes under RCW 4.105.010
(2)that this chapter applies;
(b)The responding party fails to establish under RCW 4.105.010
(3)that this chapter does not apply; and
(c)Either:
(i)The responding party fails to establish a prima facie case as to each essential element of the cause of action; or
(ii)The moving party establishes that:
(A)The responding party failed to state a cause of action upon which relief can be granted; or
(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 cause of action or part of the cause of action.
(2)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 RCW 4.105.020 does not affect a moving party's right to obtain a ruling on the motion and seek costs, attorneys' fees, and expenses under RCW 4.105.090 .
(3)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 RCW 4.105.020 establishes for the purpose of RCW 4.105.090 that the moving party prevailed on the motion.
[ 2021 c 259 s 7 .]