¶ 12" 'A motion to compel arbitration is essentially a section 2-619(a)(9) motion to dismiss or stay an action in the trial court based on an affirmative matter, the exclusive remedy of arbitration.'" Nord v. Residential Alternatives of Illinois, Inc., 2023 IL App (4th) 220669, ¶ 28 (quoting Sturgill v. Santander Consumer USA, Inc., 2016 IL App (5th) 140380, ¶ 21). In ruling on such a motion, "the court must interpret all pleadings and supporting documents in the light most favorable to the nonmoving party."

(making no reference to federal law); Reply Brief of Appellants, Clanton, 2023 IL 129067 (No. 129067), https://ilcourtsaudio.blob.core.windows.net/antilles-resources/resources/8518b1ae-6d46-4517-965d-c82239db3009/129067_RPB.pdf [https://perma.cc/9GJC-HLK4] (same). ¶ 57 Similarly, in Nord v. Residential Alternatives of Illinois, Inc., 2023 IL App (4th) 220669, this court interpreted essentially identical language in an arbitration agreement and concluded that the patient's death triggered the termination on "discharge" provision and effectively ended the arbitration agreement. One could validly distinguish Nord from this case by noting that the question of whether there had been a "discharge" was conceded there, while here it is not.

¶ 24" 'A motion to compel arbitration is essentially a section 2-619(a)(9) motion to dismiss or stay an action in the trial court based on an affirmative matter, the exclusive remedy of arbitration.'" Nord v. Residential Alternatives of Illinois, Inc., 2023 IL App (4th) 220669, ¶ 28 (quoting Sturgill v. Santander Consumer USA, Inc., 2016 IL App (5th) 140380, ¶ 21). In ruling on this motion, "the court must interpret all pleadings and supporting documents in the light most favorable to the nonmoving party."

¶ 58 "A motion to compel arbitration is essentially a section 2-619(a)(9) [see 735 ILCS 5/2-619(a)(9) (West 2022))] motion to dismiss or stay an action in the trial court based on an affirmative matter, the exclusive remedy of arbitration." Nord v. Residential Alternatives of Illinois, 2023 IL App (4th) 220669, ¶ 28,N.E.3d(quoting Sturgill v. Santander Consumer USA, Inc., 2016 IL App (5th) 140380, ¶ 21, 48 N.E.3d 759). "The party seeking to compel arbitration has the burden to establish that the parties have a valid agreement to arbitrate and that the controversy falls within the scope of the arbitration provision."

Accordingly, this court "must interpret all pleadings and supporting documents in the light most favorable to the nonmoving party." Nord v. Residential Alternatives of Illinois, Inc., 2023 IL App (4th) 220669, ¶ 28. We review the granting of a motion to compel arbitration without an evidentiary hearing de novo.