2025 IL App (2d) 250160-U No. 2-25-0160 Order filed September 16, 2025
NOTICE: This order was filed under Supreme Court Rule 23(b) and is not precedent except in the limited circumstances allowed under Rule 23(e)(1). ______________________________________________________________________________
IN THE
APPELLATE COURT OF ILLINOIS
SECOND DISTRICT ______________________________________________________________________________
BKA HOLDINGS, LLC, ) Appeal from the Circuit Court ) of De Kalb County. Plaintiff-Appellee, ) ) v. ) No. 24-EV-136 ) ROBERT SAM and KAREN SAM, ) Honorable ) Joel D. Berg, Defendants-Appellants. ) Judge, Presiding. ______________________________________________________________________________
JUSTICE SCHOSTOK delivered the judgment of the court. Presiding Justice Kennedy and Justice Hutchinson concurred in the judgment.
ORDER
¶1 Held: Trial court did not abuse its discretion in denying defendants’motion to vacate agreed order or entering judgment of eviction.
¶2 This dispute arises between a landlord, plaintiff BKA Holdings, LLC, and two of its
tenants, defendants Robert Sam and Karen Sam. After plaintiff initiated eviction proceedings
against defendants, the parties entered a settlement agreement whereby defendants agreed to move
out of the residence in 53 days in exchange for plaintiff waiving over $10,000 in claims for past
due rent, utilities and any other damages. The trial court entered an agreed order reflecting that
settlement agreement. Defendants subsequently sought to have the agreed order vacated, which 2025 IL App (2d) 250160-U
the trial court denied. After defendants failed to move out by the agreed upon date, the trial court
ordered the De Kalb County Sheriff to evict defendants. Defendants appeal from both the trial
court’s denial of their motion to vacate the agreed order and the trial court’s eviction order. We
affirm.
¶3 I. BACKGROUND
¶4 This is the second time this landlord-tenant dispute is before us. See BKA Holding, LLC,
v. Sam, 2023 IL App (2d) 230163 (Sam I). On August 21, 2022, the parties entered into a month-
to-month lease agreement. On March 8, 2023, plaintiff filed an eviction complaint against
defendants, seeking possession and past due rent. The complaint noted that the parties had reached
an agreement that provided that if defendants made payments as agreed, vacated the premises by
May 31, 2023, and did not cause any damage to the premises, the plaintiff would dismiss its
eviction complaint with prejudice.
¶5 On March 10, 2023, plaintiff filed with the trial court the parties’ agreement as well as a
form titled “Eviction Order.” That same day, the trial court entered both the agreed order and the
eviction judgment.
¶6 On April 7, 2023, defendants filed a motion to vacate the eviction order and void the agreed
order pursuant to section 2-1301(e) of the Code of Civil Procedure (Code) (735 ILCS 5/2-1301(e)
(West 2020)). The motion was supported by Robert Sam’s affidavit. He stated that he understood
and intended that the agreement would allow him to avoid the entry of an eviction judgment.
¶7 On April 18, 2023, the trial court denied defendants’ motion, finding that the parties’
agreement permitted an eviction judgment before defendants’ agreed move-out date. On
November 28, 2023, this court vacated the trial court’s order. Sam I, 2023 IL App (2d) 230163, ¶
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23. We explained that the parties’ agreement did not permit an eviction judgment before May 31,
2023. Id. ¶ 17.
¶8 On February 27, 2024, plaintiff provided defendants with 30-day written notice of its
intention to terminate the month-to-month tenancy. On March 29, 2024, plaintiff filed a verified
complaint for possession, seeking to evict defendants due to their failure to vacate after proper
notice of termination of tenancy was served.
¶9 On April 29, 2024, plaintiff filed a motion for summary judgment as to possession. In
February 2025, the parties reached an agreement, which is reflected in the trial court’s (Judge
Berg’s) order of February 21, 2025. That order provided in pertinent part:
“3. Possession shall be stayed until 8:00 AM on April 15, 2025, and no eviction or
enforcement shall be taken by the Sheriff before this date and time.
4. If Defendants vacate the property before 8:00 am April 15, 2025, Plaintiff shall waive
all claims for past due rent, utilities, and any other damages on April 16, 2025, and this
partial order for possession will be vacated and the case sealed by agreement of the parties.
5. Upon verification that Defendants have vacated, Plaintiff shall move to vacate this order
within five (5) days of April 16, 2025, if not vacated on April 16, 2025.
6. If the Sheriff is required to forcibly remove Defendants on April 15, 2025, this order
shall remain in effect, not be vacated, the case will not be sealed, and the court will enter
an order of damages against the Defendant[s] and in Plaintiff’s favor of $0.
***
10. Defendants retain the right to pursue, to the extent permitted by all applicable laws,
the claims, lawsuits, or legal actions already filed against Plaintiff, captioned in the
Northern District of Illinois, Federal Court as 25-cv-01420; and in the twenty-third judicial
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circuit, 24 LA 69[;] however, Plaintiff retains the right to defend the claims to the fullest
extent provided by law.
11. However, Defendants waive any right to assert, file, or pursue any new claims, known
or unknown, against Plaintiff or related entities, arising from the eviction case, this
agreement, or its enforcement, including but not limited to any conduct occurring on
February 15, 2025 after, including retaliatory eviction, coercion, duress, fraud, fraudulent
inducement, misrepresentation, or any challenge to the legality of the eviction order entered
pursuant to this agreement.
14. The stalking no-contact order pending in the Twenty-Third Judicial Circuit, 25 OP 33
shall remain in effect through April 16, 2025, after which it shall be voluntarily dismissed
by Plaintiff through Plaintiff’s undersigned counsel so long as Robert and Karen Sam have
vacated the property voluntarily or forcibly, so long as Defendant Robert Sam shall not
relocate within five (5) miles of Plaintiff Melissa Mobile’s current Kane County
residence.”
¶ 10 On the same day Judge Berg entered the parties’ agreed order, defendant Robert Sam filed
an emergency motion in federal court. That motion sought immediate intervention by the federal
court alleging that Judge Waller had coerced defendant into signing the agreed order. On March
13, 2025, the federal court dismissed Robert Sam’s motion.
¶ 11 Also on March 13, 2025, defendants filed a motion to vacate the agreed order, claiming
that plaintiff had violated the order. Further, the motion alleged that the agreed order was the result
of judicial interference by Judge Waller. On March 17, 2025, the trial court denied defendant’s
motion to vacate the agreed order.
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¶ 12 On April 15, 2025, Robert Sam filed for bankruptcy protection.
¶ 13 On April 16, 2025, trial court ordered the De Kalb County Sheriff to forcibly evict Karen
Sam from the property at issue. The trial court specifically excluded Robert Sam from the order
of eviction due to his bankruptcy filing. On that same day, defendants filed a notice of appeal in
this court. Defendants appealed from the trial court’s agreed order, the denial of the motion to
vacate that order, and the eviction order. The case was docketed as No. 2-25-0160.
¶ 14 On April 22, 2025, we granted defendants’ motion to stay the trial court’s judgment
pending this court resolution of their appeal. We conditioned the stay, however, on defendants’
paying the full monthly rent of $1950.
¶ 15 On June 4, 2025, the bankruptcy court dismissed Robert’s petition.
¶ 16 On June 30, 2025, the trial court entered an eviction order for possession against Robert.
On that same day, defendants filed a notice of appeal. The case was docketed as No. 2-25-0264.
¶ 17 On July 1, 2025, this court granted defendants’ motion to stay the trial court’s judgment
pending the resolution of the appeal and provided that the stay was based on the same terms as the
stay in case No. 2-25-0160. We also granted defendants’ motion to consolidate case Nos. 2-25-
0160 and 2-25-0264 for purposes of review.
¶ 18 II. ANALYSIS
¶ 19 At the outset, we note the deficiencies in defendants’ brief. Illinois Supreme Court Rules
341(h)(6) and (h)(7) (eff. May 25, 2018) require that the statement of facts and argument contain
appropriate citations to pages of the record. Plaintiffs, however, cite their appendix, in violation of
the rules. See Estate of Prather v. Sherman Hospital Systems, 2015 IL App (2d) 140723, ¶ 31 (it
is a violation of Rule 341(h) to cite the appendix rather than the record). Plaintiffs also violate
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Illinois Supreme Court Rule 341(h)(3) (eff. May 25, 2018) in that they do not include a standard
of review for any of their arguments.
¶ 20 It has long been recognized that it is not the role of this court is to serve as an advocate for
the parties. Wells Fargo Bank, N.A. v. Sanders, 2015 IL App (1st) 141272, ¶ 24. As such, this
court “is not obligated to search the record for evidence on which to base reversal, and, unless
reference is made to those parts of the record supporting reversal, the argument will not be
considered.” Gowler v. Ferrell-Ross Co., 206 Ill. App. 3d 194, 213, (1990). That being said, while
defendants’ noncompliance certainly does not make our review easier, it also does not foreclose
it. See Monroy-Perez v. Sentry Select Insurance Co., 2025 IL App (1st) 241711, ¶ 31 (forfeiture
is a limitation on the parties and not this court). We therefore exercise our discretion and choose
to review defendants’ arguments while strongly admonishing them to carefully observe the rules
in the future. In re Marriage of Montgomery, 2020 IL App (2d) 180726-U, ¶ 47.
¶ 21 However, although we will overlook the shortcomings in defendants’ appellants’ brief, we
cannot do the same with their reply brief. Plaintiff has filed a motion for sanctions due to
defendants’ citation to hallucinated authority in their reply brief. As plaintiff points out,
defendants rely on four cases that were hallucinated by artificial intelligence (AI). The Illinois
Appellate Court, Fourth District, recently considered this issue and stated:
“[T]he Illinois Supreme Court AI policy explicitly permits the use of AI. However,
attorneys must use AI tools wisely. We reiterate the supreme court’s reminder that ‘[a]ll
users must thoroughly review AI-generated content before submitting it in any court
proceeding to ensure accuracy and compliance with legal and ethical obligations.’ [Ill. Sup.
Ct., Illinois Supreme Court Policy on Artificial Intelligence (Jan. 1, 2025),
https://ilcourtsaudio.blob.core.windows.net/antilles-resources/resources/e43964ab-8874-
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4b7a-be4e-63af019cb6f7/Illinois% 20Supreme% 20Court% 20AI% 20Policy.pdf
[https://perma.cc/WCE6-WZE5]]. Flagrant and unprincipled use of AI without ensuring
the accuracy of the generated response ‘is an abuse of the adversary system’ (Mata [v.
Avianca, Inc., 678 F. Supp. 3d 443, 461 (S.D.N.Y. 2023]), as it wastes court resources that
would be better spent elsewhere.” In re Baby Boy, 2025 IL App (4th) 241427, ¶ 131.
¶ 22 In Baby Boy, the reviewing court found that the petitioner’s attorney’s careless use of AI
warranted sanctions. The court then ordered that the attorney disgorge the payment that he had
received for his services, fined him $1,000, and referred him to the Illinois Attorney Registration
and Disciplinary Commission based on his violation of the rules of professional conduct. Id. ¶¶
129-130, 132.
¶ 23 Here, we do not believe defendants’ status as pro se litigants excuse their careless reliance
on AI. See Holzrichter v. Yorath, 2013 IL App (1st) 110287 ¶ 78 (pro se litigants are presumed to
have full knowledge of court rules and procedures and must comply with them). We further note
that the trial court previously reprimanded defendants for their careless use of AI-generated
research. Mata, 678 F. Supp. 3d at 463-64 (appropriate sanction is based in part on whether party
was previously warned of improper conduct). Defendants were thus aware of the perils of AI-
generated research yet chose to use it in a “[f]lagrant and unprincipled” manner anyway. Baby
Boy, 2025 IL App (4th) 241427, ¶ 131. We therefore grant plaintiff’s motion for sanctions and
strike defendants’ reply brief. See Mata, 678 F. Supp 3d at 465 (striking an offending document is
an appropriate sanction). We also grant plaintiff’s motion for attorney fees and costs for filing the
motion for sanctions and researching the hallucinated authority. Plaintiff shall file a statement of
reasonable expenses and attorney fees within 14 days incurred in filing the motion for sanctions
and researching the hallucinated authority. Defendants will then have seven days to respond to
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that statement. This court will then file an order determining the amount of the sanctions to be
imposed upon defendants. See Pedigo v. Youngblood, 2015 IL App (4th) 140222, ¶ 22.
¶ 24 Turning to the merits of this appeal, defendants raise five contentions: (1) the eviction
action violated a federal bankruptcy discharge injunction which prohibits creditors from
attempting to collect discharged debts; (2) the action was rooted in fraudulent claims, alleging
unpaid rent; (3) that defendants were the victims of a retaliatory eviction; (4) the trial court’s agreed
order was void; and (5) the agreed order should be vacated because it was the result of coercion.
¶ 25 We begin by considering the trial court’s agreed order and whether the trial court erred in
not vacating that order. Section 2-1301(e) of the Code provides that a court may “set aside any
final order or judgment upon any terms and conditions that shall be reasonable” when a motion to
do so is filed within 30 days of the order or judgment. 735 ILCS 5/2-1301(e) (West 2024). In
addressing such a request, “ ‘[the overriding consideration is simply whether or not substantial
justice is being done between the litigants.’ ” Draper & Kramer, Inc. v. King, 2014 IL App (1st)
132073, ¶ 23 (quoting In re Haley D., 2011 IL 110886, ¶ 57). Further:
“ ‘Whether substantial justice is being achieved by vacating a judgment or order is not
subject to precise definition, but relevant considerations include diligence or the lack
thereof, the existence of a meritorious defense, the severity of the penalty resulting from
the order or judgment, and the relative hardships on the parties from granting or denying
vacatur.’ ” Id. (quoting Jackson v. Bailey, 384 Ill. App. 3d 546, 549 (2008).
A trial court’s decision on whether to grant a motion under section 2-1301(e) is discretionary; thus,
we review that decision for an abuse of discretion. Id. ¶ 26 (citing Haley D., 2011 IL 110886,
¶ 69.) A trial court abuses its discretion if its ruling is arbitrary, fanciful, or unreasonable or no
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reasonable person would take the view adopted by the trial court, or when its ruling rests on an
error of law. People v. Olsen, 2015 IL App (2d) 140267, ¶ 11.
¶ 26 “[A]greed orders are effectively the parties’ private contractual agreement,” entered by a
court. Draper & Kramer, 2014 IL App (1st) 132073, ¶ 28. Accordingly, the principles of contract
law apply when considering their meaning and scope. Id. ¶ 27. “The primary objective in
construing a contract is to give effect to the intent of the parties.” Gallagher v. Lenart, 226 Ill. 2d
208, 232 (2007). The language of a contract, given its plain and ordinary meaning, is the best
indication of the parties’ intent. Id. at 233. “Moreover, because words derive their meaning from
the context in which they are used, a contract must be construed as a whole, viewing each part in
light of the others.” Id. When construing contracts, courts attempt to give effect to every
provision, if possible, because it must be assumed that every provision was intended to serve a
purpose. See Valley Forge Insurance Co. v. Swiderski Electronics, Inc., 223 Ill. 2d 352, 362
(2006). The construction of a contract is an issue of law, which we review de novo. Gallagher,
226 Ill. 2d at 219.
¶ 27 Based on these principles, we consider whether “substantial justice” required the trial court
to vacate the agreed order. The agreed order provided that, if defendants moved out by April 15,
2025, plaintiff would waive all claims for past due rent, utilities, and any other damages. Further,
even if defendants did not move out by that date and the sheriff was required to forcibly remove
them, the agreement provided that the trial court would enter an order of damages against
defendants and in plaintiff’s favor in the amount of $0. Thus, defendants’ first contention—that
plaintiff was improperly trying to recover money from them that had already been discharged in
bankruptcy—is without merit because plaintiff was not trying to recover any money from them.
Rather, the agreement indicates that plaintiff just wanted defendants to leave the leased property.
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¶ 28 Defendants’ second contention—that plaintiff’s eviction action was rooted in fraudulent
claims based on allegations of unpaid rent—is also without merit. Section 9-207 of the Forcible
Entry and Detainer Act provides that:
“[I]n all cases of tenancy for any term less than one year, other than tenancy from week to
week, where the tenant holds over without special agreement, the landlord may terminate
the tenancy by 30 days’ notice, in writing, and may maintain an action for eviction or
ejectment.” 735 ILCS 5/9-207(b) (West 2024).
¶ 29 Noticeably absent from section 9-207 is an obligation imposed on the landlord to explain
why he wants to terminate the lease with the tenant. As was explained by our supreme court in
Chicago Housing Authority v. Stewart, 40 Ill. 2d 23, 27 (1968):
“When a lease expires by lapse of time, or when the lessee is notified that the lease will not
be renewed for another term, it is immaterial what, if any covenant has been broken.
Obviously, the selection of a tenant on a month-to month basis cannot carry with it a
continuing and indefinite right to tenure as long as no covenant is broken.”
¶ 30 We note that there is an exception to the above rule as, under the Landlord Retaliation Act,
“[a] landlord may not knowingly terminate a tenancy *** because the tenant has in good faith ***
complained of code violations applicable to the premises to the relevant governmental agency ***
or exercised any right or remedy provided by law.” P.A. 103-831 (eff. Jan 1, 2025) (adding 765
ILCS 721/1 et seq.). However, “[a]n action is not retaliatory if the landlord can prove a legitimate,
non-retaliatory basis for the action; or the landlord began the action before the tenant engaged in
the protected activity.” Id.
¶ 31 Defendants’ assertion that plaintiff’s eviction was based on a fraudulent claim of unpaid
rent does not constitute an improper act of landlord retaliation. Rather, even if defendants were
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currently paying their rent, plaintiff could still seek to terminate the lease when it ended and evict
them if they did not leave the premises. Stewart, 40 Ill. 2d at 27.
¶ 32 Seizing upon the exception noted above regarding retaliatory evictions, defendants next
contend that they were the victims of a retaliatory eviction because plaintiff was upset that (1)
defendants won the appeal in Sam I and (2) defendants reported building code violations to the
Village of Sycamore. The record does not support this argument. First, just because defendants
were victorious in Sam I, that did not give them the right to live in the leased property for an
unlimited time. Id. As defendants only had a month-to-month lease, plaintiff could legitimately
terminate the lease after giving proper notice. 735 ILCS 5/9-207(b) (West 2024). Second, the
Village of Sycamore found that defendants’ complaints of building code violations had either been
resolved or were not actionable because defendants would not allow plaintiff access to the
residence to address the alleged issues.
¶ 33 Moreover, even if defendants’ allegations were true, that would not be a basis to set aside
the agreed order. The recently enacted Landlord Retaliation Act provides that if a landlord violates
that Act, the tenant may (1) terminate the rental agreement and get his security deposit back; (2)
recover possession of the premises if the landlord has dispossessed him, and (3) recover an amount
equal to and not more than two months’ rent. P.A. 103-831 (eff. Jan. 1, 2025) (adding 765 ILCS
721/10). Here, the agreed order provided that defendants could live at the residence for an
additional 53 days rent-free, and they would not have to pay any past due rent (alleged to be over
$10,000, which was equivalent to more than five months’ rent). Thus, the agreed order provided
defendants with relief better than they would have received had they been able to establish a claim
of retaliatory eviction.
¶ 34 We further note that in the context of complaining that they were the victims of a retaliatory
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eviction, defendants also argue that the Village of Sycamore and the Housing Authority of De
Kalb County conspired with plaintiff to make them homeless. However, as that is an issue beyond
defendants’ continuing right to possess the property (735 ILCS 5/9-106 (West 2024) (only matters
germane to the issue of possession may be raised in an eviction case)), any alleged conspiracy is
not a basis to disturb that order.
¶ 35 Defendants’ fourth contention is that the agreed order is void because (1) it purported to
dismiss a case outside of its jurisdiction and (2) it set an eviction date before any writ of possession
was issued.
¶ 36 The record reveals that Melissa Mobile, an agent of plaintiff, had obtained a stalking no-
contact order in the 23rd Judicial Circuit against defendant Robert Sam due to menacing e-mails
that he had sent her. The agreed order provided that the stalking no-contact order would be
voluntarily dismissed if defendants vacated the property by April 16, 2025, and did not relocate
within five miles of Mobile’s Kane County residence. After the agreed order was entered, the
Illinois Supreme Court reassigned the stalking case to the 22nd Judicial Circuit. Defendants
thereafter sought a hearing on the stalking order and to vacate the agreed order. They argued that
the voluntary dismissal of the stalking case was a material part of the agreed order, and as the trial
court now lacked jurisdiction to enforce it, the entire agreement must be vacated.
¶ 37 In response, plaintiff argues that defendants actively prevented performance of the agreed
order by insisting that there be hearing on the stalking order after it was reassigned to a different
circuit. Had the defendants not insisted on a hearing and moved out of the residence by April 15,
2025, then the petition for the stalking no-contact order would have been dismissed and there
would have been no jurisdictional issues. Relying on Empress Casino Joliet Corp. v. Averus, Inc.,
2020 IL App (1st) 192071, ¶ 41, plaintiff argues that a party who prevents performance by the
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other cannot later claim nonperformance as a defense or grounds for vacatur.
¶ 38 We agree with plaintiff. Defendants’ insistence on an immediate hearing on the stalking
order constituted an attempt to undermine the agreed order. Defendants cannot profit from their
own malfeasance. Id. Further, defendants’ purported concerns that the stalking case could no
longer be dismissed because it was pending before a different judge is without merit. Had
defendants moved out of the residence when the agreed order required them to do so, the stalking
case would have been dismissed, and plaintiff would have been estopped from bringing that same
stalking case in a different jurisdiction. See People v. Jones, 301 Ill. App. 3d 608, 609-10 (1998)
(the doctrine of collateral estoppel provides that when a valid, final judgment determines an issue
of ultimate fact, the same parties cannot litigate the issue in any future lawsuit).
¶ 39 Defendants’ argument that the trial court entered a judgment of eviction before their right
to possession ended is also without merit. This is the same argument that defendants successfully
raised in Sam I. On remand, however, the trial court carefully ensured that no judgment of eviction
would be entered against defendants until their right to possession ended.
¶ 40 Defendants’ final argument is that they were coerced into accepting the agreed order based
on promises of financial assistance from Judge Waller. The record does not support this
contention. On February 10, 2025, Robert Sam sued Judge Waller in federal court, asserting
claims of conspiracy, constitutional violations, bribery, obstruction of justice and retaliation. Ten
days later defendants agreed to the order entered by Judge Berg. Defendants specifically indicated
that they understood everything in the agreement and that they wanted it enforced. It strains
credulity that defendants could be coerced into an agreement by someone who they had a pending
lawsuit against.
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¶ 41 In sum, there is nothing in the agreed order that demonstrates there was anything unjust
about it. The trial court therefore did not abuse its discretion in not vacating that order. Further,
based on the agreed order, the trial court did not err in entering a judgment of eviction against both
defendants.
¶ 42 III. CONCLUSION
¶ 43 For the foregoing reasons, the judgment of the circuit court of De Kalb County is affirmed.
Additionally, we grant plaintiff’s motion for sanctions. The stay we imposed on defendants’
eviction during this appeal shall remain in effect until 8 am on September 23, 2025.
¶ 44 Affirmed; stay lifted.
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