Item 5.02 Departure of Directors or Certain Officers; Election of Directors;
Appointment of Certain Officers; Compensatory Arrangements of Certain Officers.

On September 28, 2009, Rubio's Restaurants, Inc. (the "Company") announced the promotion of Marc S. Simon, aged 56, to Chief Operating Officer of the Company. Mr. Simon had previously served as the Company's Senior Vice President, Operations. In connection with the promotion, Mr. Simon's base salary was increased to $265,000 per year.

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