A PAGA claim is not the same cause of action as an employee’s individual claim for damages for an employer’s violation of wage and hour laws.  Also, the parties to the two suits are different.  Though the same employee brings both, the real party in interest in the PAGA suit is the State of California.  Accordingly, an employee may bring a PAGA claim after having settled his class action suit against the employer and seek civil penalties for the same violations alleged in the prior individual action.  The decision disagrees with and criticizes Villacres v. ABM Industries Inc. (2010) 189 Cal.App.4th 562 which had held a class member bound by a class action settlement from bringing a later PAGA action.