No. 2--07--0322 Filed: 1-11-08
APPELLATE COURT OF ILLINOIS
NICOLE TORTORIELLO, ) Appeal from the Circuit Court
) of Kane County.
v. ) No. 06--L--304
GERALD NISSAN OF NORTH AURORA, )
INC., and J.P. MORGAN CHASE BANK, ) Honorable
) Judith M. Brawka,
Defendants-Appellants. ) Judge, Presiding.
JUSTICE O'MALLEY delivered the opinion of the court:
Defendants, Gerald Nissan of North Aurora (Gerald Nissan) and J.P. Morgan Chase Bank
(J.P. Morgan), appeal the judgment of the trial court denying their motions to stay court proceedings
and compel arbitration pursuant to an arbitration clause in an automobile purchase agreement signed
by Gerald Nissan and plaintiff, Nicole Tortoriello. The trial court denied defendants' motions because
it found the arbitration clause unconscionable. We view the clause differently and so reverse and
remand for further proceedings.
In June 2006, plaintiff sued defendants, seeking to rescind her purchase of a preowned Nissan
automobile from Gerald Nissan, a transaction financed by J.P. Morgan. Plaintiff alleged common-law
fraud and violations of the Consumer Fraud and Deceptive Business Practices Act (Consumer Fraud
Act) (815 ILCS 505/1 et seq. (West 2004)). Plaintiff attached to her complaint two documents, each
entitled "Used Car Retail Buyers Order" and signed by plaintiff and Gerald Nissan. Both documents