UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
WASHINGTON, D.C. 20549
FORM 8-K
CURRENT REPORT
Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934
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| Date of Report (Date of Earliest Event Reported): | | November 5, 2004 |
Rubio's Restaurants, Inc.
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(Exact name of registrant as specified in its charter)
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| Delaware | 000-26125 | 33-0100303 |
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(State or other jurisdiction | _____________
(Commission | ______________
(I.R.S. Employer |
| of incorporation) | File Number) | Identification No.) |
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| 1902 Wright Place, Suite 300, Carlsbad, California | | 92008 |
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(Address of principal executive offices) | | ___________
(Zip Code) |
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| Registrant’s telephone number, including area code: | | (760) 929-8226 |
Not Applicable
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Former name or former address, if changed since last report
Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation of the registrant under any of the following provisions:
[ ] Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)
[ ] Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)
[ ] Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))
[ ] Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))
Item 5.02. Departure of Directors or Principal Officers; Election of Directors; Appointment of Principal Officers.
On November 5, 2004, Rubio’s Restaurants, Inc. (the "Company") promoted Sheri Miksa to the post of President and Chief Executive Officer, and appointed her to the Board of Directors of the Company, effective immediately. Ralph Rubio, the outgoing Chief Executive Officer, will remain Chairman of the Board and will continue to be actively involved in the Company. In connection with Ms. Miksa's promotion, the Board of Directors approved an increase in her annual base salary to $350,000 and awarded her with an option to purchase 100,000 shares of common stock at a price of $10.00 per share. The other terms of Ms. Miksa's employment arrangement with the Company are set forth in the Company's definitive proxy statement on Schedule 14A filed with the Securities and Exchange Commission on June 28, 2004 and are incorporated herein by reference.
On November 8, 2004, the Company issued a press release announcing Ms. Miksa's promotion. A copy of the press release is filed herewith as Exhibit 99.1 and is incorporated herein by reference.
Item 9.01. Financial Statements and Exhibits.
(c) Exhibits
Exhibit No.----99.1
Description----Press release dated November 8, 2004.
SIGNATURES
Pursuant to the requirements of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized.
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| | | Rubio's Restaurants, Inc. |
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| November 9, 2004 | | By: | | John Fuller
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| | | | | Name: John Fuller |
| | | | | Title: Chief Financial Officer |
Exhibit Index
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| Exhibit No. | | Description |
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99.1 | | Press release dated November 8, 2004 |
