Item 2.02 Results of Operations and Financial Condition.

On May 13, 2009, Rubio's Restaurants, Inc. issued a press release announcing its financial results for the first quarter of fiscal 2009, ended March 29, 2009. A copy of the press release is furnished herewith as Exhibit 99.1.

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 Press Release, dated May 13, 2009, announcing financial results for the first quarter of fiscal 2009.

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