Law Offices of Howard G. Smith Announces Investigation On Behalf of Shareholders of Rubio's Restaurants, Inc.

Law Offices of Howard G. Smith announces that it is investigating potential claims against the board of directors of Rubio's Restaurants, Inc. (“Rubio’s” or the “Company”) (Nasdaq:RUBO) related to the Company’s agreement to be acquired by Mill Road Capital, L.P. (“Mill Road Capital”). The proposed cash merger transaction is valued at approximately $91 million.

Under the terms of the definitive merger agreement entered into by the parties, an entity controlled by Mill Road Capital will acquire all the outstanding shares of Rubio’s common stock for $8.70 per share. Mill Road Capital currently owns approximately 4.9% of the Company’s outstanding shares. The transaction is expected to be completed in the third quarter of 2010. The investigation concerns possible breaches of fiduciary duty and other violations of law related to approval of the transaction by the Rubio’s board of directors.

If you own shares of Rubio’s Restaurants, Inc., if you have information or would like to learn more about these claims, or if you wish to discuss these matters or have any questions concerning this announcement or your rights or interests with respect to these matters, please contact Howard G. Smith, Esquire, of Law Offices of Howard G. Smith, 3070 Bristol Pike, Suite 112, Bensalem, Pennsylvania 19020 by telephone at [phone], Toll Free at [phone], or by email to [e-mail], or visit our website at http://www.howardsmithlaw.com.