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PAGA Judicata

Robinson v. So. Counties Oil. Co., No. A158791 (D1d4 Aug. 13, 2020)The fact that a plaintiff bringing a PAGA claim stands in the shoes of a state agency is generally useful to plaintiffs, since, for instance, it lets them get around arbitration agreements and class action waivers. But in this case it isn’t. Here, a different employee brought and settled a prior PAGA claim, basically for the same violations. And since both claims are effectively brought by the DFEH, this new plaintiff’s claim is barred by res judicata. Affirmed.

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