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The court set aside a default judgment and related garnishments because the plaintiff failed to properly serve the statement of claim.
The moving defendants, KenzoKai Metal Finishing Inc. and Cristian Bran, sought to set aside a default judgment obtained by Ampere Metal Finishing Inc. The court found that service of the statement of claim was defective as against both defendants, and that the default judgment was therefore irregularly obtained.
The court set aside the default judgment, the noting in default, and all related enforcement steps, including garnishments, and ordered the return of any garnished funds.
The court also found that, even if service had been proper, the Mountain View criteria would have justified setting aside the judgment on the merits.
