Item 2.02. Results of Operations and Financial Condition.

The disclosure set forth in this report under Item 8.01 is incorporated herein by reference.

Item 8.01. Other Events.

On February 18, 2009, Dan Pittard, Rubio's Restaurants, Inc.'s President and Chief Executive Officer, together with Frank Henigman, the Company's Chief Financial Officer, will be presenting at the Roth Capital Partners 21st Annual OC Growth Stock Conference to be held at the Ritz-Carlton Laguna Niguel in Dana Point, California. A copy of Mr. Pittard's presentation, which reports the Company's comparable store sales for the year ended December 28, 2008 and for the first quarter of 2009 through February 15, is attached as Exhibit 99.1 to this Current Report on Form 8-K.

In accordance with General Instruction B.2 of Form 8-K, this information, including Exhibit 99.1, shall not be deemed "filed" for the purposes of Section 18 of the Securities Exchange Act of 1934 or otherwise subject to the liabilities of that section, nor shall such information and exhibit be deemed incorporated by reference into any filing under the Securities Act of 1933 or the Securities Exchange Act of 1934, except as shall be expressly set forth by specific reference in such a filing.

Item 9.01. Financial Statements and Exhibits.

(d) Exhibits

Exhibit No. Description

99.1 Presentation at the Roth Capital Partners 21st Annual OC Growth Stock Conference to be held at the Ritz-Carlton Laguna Niguel in Dana Point, California on February 18, 2009.

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