SEC Form 4
FORM 4 UNITED STATES SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549

STATEMENT OF CHANGES IN BENEFICIAL OWNERSHIP

Filed pursuant to Section 16(a) of the Securities Exchange Act of 1934
or Section 30(h) of the Investment Company Act of 1940
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Check this box if no longer subject to Section 16. Form 4 or Form 5 obligations may continue. See Instruction 1(b).
1. Name and Address of Reporting Person*
Meruelo Alex Living Trust

(Last) (First) (Middle)
9550 FIRESTONE BLVD., SUITE 105

(Street)
DOWNEY CA 90241

(City) (State) (Zip)
2. Issuer Name and Ticker or Trading Symbol
RUBIOS RESTAURANTS INC [ RUBO ]
5. Relationship of Reporting Person(s) to Issuer
(Check all applicable)
Director X 10% Owner
Officer (give title below) Other (specify below)
3. Date of Earliest Transaction (Month/Day/Year)
05/24/2010
4. If Amendment, Date of Original Filed (Month/Day/Year)
6. Individual or Joint/Group Filing (Check Applicable Line)
Form filed by One Reporting Person
X Form filed by More than One Reporting Person
Table I - Non-Derivative Securities Acquired, Disposed of, or Beneficially Owned
1. Title of Security (Instr. 3) 2. Transaction Date (Month/Day/Year) 2A. Deemed Execution Date, if any (Month/Day/Year) 3. Transaction Code (Instr. 8) 4. Securities Acquired (A) or Disposed Of (D) (Instr. 3, 4 and 5) 5. Amount of Securities Beneficially Owned Following Reported Transaction(s) (Instr. 3 and 4) 6. Ownership Form: Direct (D) or Indirect (I) (Instr. 4) 7. Nature of Indirect Beneficial Ownership (Instr. 4)
Code V Amount (A) or (D) Price
Common(1)(2)(3) 05/24/2010 S 75,909 D $8.3565 1,091,931 I Footnotes(4)(5)
Common(1)(2)(3) 05/25/2010 S 154,235 D $8.3192 937,696 I Footnotes(6)(7)
Common(1)(2)(3) 05/26/2010 S 92,811 D $8.2733 844,885 I Footnotes(8)(9)
Table II - Derivative Securities Acquired, Disposed of, or Beneficially Owned
(e.g., puts, calls, warrants, options, convertible securities)
1. Title of Derivative Security (Instr. 3) 2. Conversion or Exercise Price of Derivative Security 3. Transaction Date (Month/Day/Year) 3A. Deemed Execution Date, if any (Month/Day/Year) 4. Transaction Code (Instr. 8) 5. Number of Derivative Securities Acquired (A) or Disposed of (D) (Instr. 3, 4 and 5) 6. Date Exercisable and Expiration Date (Month/Day/Year) 7. Title and Amount of Securities Underlying Derivative Security (Instr. 3 and 4) 8. Price of Derivative Security (Instr. 5) 9. Number of derivative Securities Beneficially Owned Following Reported Transaction(s) (Instr. 4) 10. Ownership Form: Direct (D) or Indirect (I) (Instr. 4) 11. Nature of Indirect Beneficial Ownership (Instr. 4)
Code V (A) (D) Date Exercisable Expiration Date Title Amount or Number of Shares
1. Name and Address of Reporting Person*
Meruelo Alex Living Trust

(Last) (First) (Middle)
9550 FIRESTONE BLVD., SUITE 105

(Street)
DOWNEY CA 90241

(City) (State) (Zip)

Relationship of Reporting Person(s) to Issuer
Director X 10% Owner
Officer (give title below) Other (specify below)
1. Name and Address of Reporting Person*
MERUELO ALEX

(Last) (First) (Middle)
9550 FIRESTONE BLVD., SUITE 105

(Street)
DOWNEY CA 90241

(City) (State) (Zip)

Relationship of Reporting Person(s) to Issuer
Director X 10% Owner
Officer (give title below) Other (specify below)
1. Name and Address of Reporting Person*
Armona Luis

(Last) (First) (Middle)
9550 FIRESTONE BLVD., SUITE 105

(Street)
DOWNEY CA 90241

(City) (State) (Zip)

Relationship of Reporting Person(s) to Issuer
Director 10% Owner
Officer (give title below) X Other (specify below)
Group Member
Explanation of Responses:
1. This statement is jointly filed by and on behalf of each of Alex Meruelo Living Trust, Alex Meruelo, and Luis Armona. Mr. Meruelo is the sole trustee of the Trust and may be deemed to beneficially own securities owned by the Trust.
2. Each reporting person states that neither the filing of this statement nor anything herein shall be deemed an admission that such person is, for purposes of Section 16 of the Act or otherwise, the beneficial owner of any securities covered by this statement. Each reporting person disclaims beneficial ownership of the securities covered by this statement, except to the extent of the pecuniary interest of such person in such securities.
3. Each reporting person may be deemed to be a member of a group with respect to the issuer or securities of the issuer for the purposes of Section 13(d) or 13(g) of the Act. Each reporting person declares that neither the filing of this statement nor anything herein shall be construed as an admission that such person is, for the purposes of Section 13(d) or 13(g) of the Act or any other purpose, a member of a group with respect to the issuer or securities of the issuer.
4. This transaction was executed in multiple trades on May 24, 2010 at prices ranging from $8.30 to $8.46. The price reported reflects the weighted average price. The reporting person(s) hereby undertake(s) to provide to the Commission staff, the issuer or a security holder of the issuer, upon request, full information regarding the number of securities purchased at each separate price.
5. Includes 940,303 shares owned directly by the Trust and 151,628 shares owned directly by Mr. Armona.
6. This transaction was executed in multiple trades on May 25, 2010 at prices ranging from $8.26 to $8.65. The price reported reflects the weighted average price. The reporting person(s) hereby undertake(s) to provide to the Commission staff, the issuer or a security holder of the issuer, upon request, full information regarding the number of securities purchased at each separate price.
7. Includes 786,068 shares owned directly by the Trust and 151,628 shares owned directly by Mr. Armona
8. This transaction was executed in multiple trades on May 25, 2010 at prices ranging from $8.34 to $8.25. The price reported reflects the weighted average price. The reporting person(s) hereby undertake(s) to provide to the Commission staff, the issuer or a security holder of the issuer, upon request, full information regarding the number of securities purchased at each separate price.
9. Includes 693,257 shares owned directly by the Trust and 151,628 shares owned directly by Mr. Armona.
Remarks:
Meruelo Alex Living Trust by Alex Meruelo, Trustee 05/26/2010
Alex Meruelo 05/26/2010
Luis Armona 05/26/2010
** Signature of Reporting Person Date
Reminder: Report on a separate line for each class of securities beneficially owned directly or indirectly.
* If the form is filed by more than one reporting person, see Instruction 4 (b)(v).
** Intentional misstatements or omissions of facts constitute Federal Criminal Violations See 18 U.S.C. 1001 and 15 U.S.C. 78ff(a).
Note: File three copies of this Form, one of which must be manually signed. If space is insufficient, see Instruction 6 for procedure.
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