West Portal crash: Victims' family says driver concealed additional assets
Baby dies in West Portal crash
A six-month-old baby boy wounded in a crash that claimed the life of his older brother and his parents, has also died.
SAN FRANCISCO - Loved ones of a family killed in a car crash at a bus stop in San Francisco's West Portal neighborhood are now accusing the driver in the deadly crash of concealing additional assets, according to court filings.
The family members of the victims filed an amended claim this month. The family alleges that the driver, Mary Fong Lau, 79, who faces felony vehicular manslaughter charges for killing the family of four, was attempting to conceal assets.
The family's attorneys are asking to have the asset transfers, which allegedly include real estate owned by Lau in San Diego and Indio, voided. The original complaint was filed in April of this year. Court documents say Lau transferred assets out of her name and her revocable trust into limited liability companies that she owned.
Lau allegedly also transferred some properties to third parties, including her son-in-law, named in documents as Thomas Callaghan. The victim's family is asking the court to give their attorney additional time to gather evidence, as well as add Callaghan to the list of defendants to recover assets that were "wrongfully" transferred to him.
The original complaint against Lau was filed under the California Uniform Voidable Transactions Act in May. The CVTA was created to protect victims and creditors from debtors who attempt to hide assets and avoid liability.
Lau's attorney admits transfers were "ill-advised"
The other side:
In an Oct. 17 court filing, Lau's attorney noted that the property transfers were "ill-advised." The court documents also claim that continuing the litigation with UVTA could force Lau to plead the fifth amendment, in an attempt to avoid further criminal charges.
Lau's attorney's shared the following statement with KTVU:
"A new lawsuit has been filed by the plaintiffs in the tragic car accident that occurred at West Portal last spring, involving our client, Mary Lau. This new lawsuit alleges that Ms. Lau transferred properties into an LLC to avoid paying damages in a civil lawsuit related to the accident.
We want to be clear that this is not the case. In the aftermath of the accident, Ms. Lau and her family sought professional help from legal, financial, medical, and mental health consultants. While Ms. Lau was advised to reorganize her property holdings in the months following the accident, none of these transfers were intended to evade potential damages arising from this heartbreaking event.
From the moment this tragedy occurred, Ms. Lau has expressed her profound grief as she struggles to understand how the accident happened. As a mother and grandmother, she acknowledges the immense suffering of those who lost loved ones and understands their families deserve to be compensated for their very unfortunate loss.
Ms. Lau now has a dedicated legal team in place to provide her with the best possible guidance and intends to cooperate fully in the criminal and civil cases that have been filed against her. She also grieves over the accident she was involved in and the losses suffered by all."
Lau's attorneys are seeking a stay on the UVTA case.
"Defendants’ own admission that these transfers were ‘ill-advised’— coupled with their argument that the facts could lead to criminal charge—confirms the fraudulent nature of the conduct alleged," Rebecca Coll, the attorney representing the victims' family, stated. "We will vigorously oppose any attempt to stay this case or delay justice."
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Big changes to an intersection completed in West Portal, after fatal crash
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The backstory:
Lau is facing four felony vehicular manslaughter charges for the deadly crash. The crash occurred in March 2024, when then 78-year-old Lau drove her vehicle into a bus stop where a family of four was sitting. Two parents were killed along with their two young children.
District Attorney Brooke Jenkins said speed and gross negligence were factors in the crash, which happened when Lau allegedly slammed her 2014 Mercedes-Benz SUV into the family.
Lau's attorney said that she was delivering lunch to her brother when "her car just took off." He said the crash was an isolated incident and not habitual behavior.
A memorial popped up at the bus stop in the days following the crash. New safety measures were also put in place nearby, including making Lenox into a one-way street.