Neither claim nor issue preclusion applies when the prior judgment was obtained against a person acting in a different capacity than the capacity in which he brings the second suit, at least so long as the second suit is also brought on a different right. Here, the court applies that principle to hold that an arbitration award and judgment against an employee on her individual Labor Code claims does not bar her PAGA action based on the same asserted Labor Code violations. A PAGA suit is brought on behalf of the state on its right to statutory penalties, not on the individual employee’s right to full payment of wages. And, in bringing the PAGA claim, the employee acts in a different capacity as the state’s representative.