SECURITIES AND EXCHANGE COMMISSION
WASHINGTON, DC 20549
________________
FORM 11-K
ANNUAL REPORT
PURSUANT TO SECTION 15(d) OF THE
SECURITIES EXCHANGE ACT OF 1934
(Mark One):
X ANNUAL REPORT PURSUANT TO SECTION 15(d) OF THE SECURITIES EXCHANGE ACT
--- OF 1934 [FEE REQUIRED].
For the fiscal year ended December 31, 1994
-----------------
OR
--- TRANSITION REPORT PURSUANT TO SECTION 15(d) OF THE SECURITIES
EXCHANGE ACT OF 1934 [NO FEE REQUIRED].
For the transition period from to
---------------------- -------------------
Commission file number 1-9390
-------------------
________________
FOODMAKER, INC. EASY$AVER PLUS PLAN
(Full title of the Plan)
________________
FOODMAKER, INC.
(Name of issuer of the securities held pursuant to the Plan)
9330 Balboa Avenue
San Diego, CA 92123
(Address of principal executive offices)
<PAGE>
FOODMAKER, INC. EASY$AVER PLUS PLAN
Financial Statements and Schedules
December 31, 1994 and 1993
(With Independent Auditors' Report Thereon)
<PAGE>
FOODMAKER, INC. EASY$AVER PLUS PLAN
December 31, 1994 and 1993
TABLE OF CONTENTS
Page Number
-----------
Independent Auditors' Report 1
Statement of Net Assets Available for Plan Benefits
With Fund Information as of December 31, 1994 2
Statement of Net Assets Available for Plan Benefits
With Fund Information as of December 31, 1993 3
Statement of Changes in Net Assets Available for Plan
Benefits With Fund Information for the year ended
December 31, 1994 4
Statement of Changes in Net Assets Available for Plan
Benefits With Fund Information for the year ended
December 31, 1993 5
Notes to Financial Statements 6
Schedule I - Schedule of Investments 11
Schedule II - Reportable Transactions 12
<PAGE>
Independent Auditors' Report
----------------------------
The Participants and the
Administrative Committee
Foodmaker, Inc. Easy$aver Plus Plan:
We have audited the accompanying statements of net assets available for plan
benefits with fund information of the Foodmaker, Inc. Easy$aver Plus Plan
(the "Plan") as of December 31, 1994 and 1993, and the related statements of
changes in net assets available for plan benefits with fund information for
each of the years in the two-year period ended December 31, 1994. These
financial statements are the responsibility of the Plan's management. Our
responsibility is to express an opinion on these financial statements based
on our audits.
We conducted our audits in accordance with generally accepted auditing
standards. Those standards require that we plan and perform the audit to
obtain reasonable assurance about whether the financial statements are free
of material misstatement. An audit includes examining, on a test basis,
evidence supporting the amounts and disclosures in the financial statements.
An audit also includes assessing the accounting principles used and
significant estimates made by management, as well as evaluating the overall
financial statement presentation. We believe that our audits provide a
reasonable basis for our opinion.
In our opinion, the financial statements referred to above present fairly, in
all material respects, the net assets available for plan benefits with fund
information of the Plan as of December 31, 1994 and 1993, and the changes in
net assets available for plan benefits with fund information for each of the
years in the two-year period ended December 31, 1994, in conformity with
generally accepted accounting principles.
Our audits were performed for the purpose of forming an opinion on the basic
financial statements taken as a whole. Schedules I and II are presented for
the purpose of additional analysis and are not a required part of the basic
financial statements, but are supplementary information required by the
Department of Labor's Rules and Regulations for Reporting and Disclosure
under the Employee Retirement Income Security Act of 1974. The fund
information in the statements of net assets available for plan benefits with
fund information and the statements of changes in net assets available for plan
benefits with fund information is presented for purposes of additional analysis
rather than to present the net assets available for plan benefits and changes
in net assets available for plan benefits of each fund. The supplemental
schedules and fund information have been subjected to the auditing procedures
applied in the audits of the basic financial statements and, in our opinion,
are fairly stated in all material respects in relation to the basic financial
statements taken as a whole.
San Diego, California
June 16, 1995
-1-
<PAGE>
FOODMAKER, INC. EASY$AVER PLUS PLAN
Statement of Net Assets Available for Plan Benefits With Fund Information
(in thousands)
<TABLE>
<CAPTION>
December 31, 1994
-------------------------------------------------------------------------
Ralston
Purina Fixed FMI Dreyfus
Common Equity Income Growth Common Bond Loans to
Stock Fund Fund Fund Fund Stock Fund Fund Participants Total
---------- ---- ---- ---- ---------- ---- ------------ -----
<S> <C> <C> <C> <C> <C> <C> <C> <C>
Interest and dividends
receivable $ - - 68 - - - - 68
----- ----- ------ ----- --- --- ----- ------
Contributions receivable:
Employee - 11 21 8 3 3 - 46
Employer - 4 7 3 1 1 - 16
----- ----- ------ ----- --- --- ----- ------
- 15 28 11 4 4 - 62
----- ----- ------ ----- --- --- ----- ------
Investments:
Short-term
investments - 40 86 36 14 9 - 185
Common stocks - 6,656 - 2,270 772 - - 9,698
Government bonds - - - - - 552 - 552
Insurance company
contracts - - 13,913 - - - - 13,913
Notes receivable
from participants - - - - - - 2,443 2,443
----- ----- ------ ----- --- --- ----- ------
- 6,696 13,999 2,306 786 561 2,443 26,791
----- ----- ------ ----- --- --- ----- ------
Total assets - 6,711 14,095 2,317 790 565 2,443 26,921
Liabilities - transfers
due to (from)
other funds - (36) (41) 31 7 39 - -
----- ----- ------ ----- --- --- ----- ------
Net assets available
for plan benefit $ - 6,747 14,136 2,286 783 526 2,443 26,921
===== ===== ====== ===== === === ===== ======
</TABLE>
See accompanying notes to financial statements.
-2-
<PAGE>
FOODMAKER, INC. EASY$AVER PLUS PLAN
Statement of Net Assets Available for Plan Benefits With Fund Information
(in thousands)
<TABLE>
<CAPTION>
December 31, 1993
-------------------------------------------------------------------------
Ralston
Purina Fixed FMI Dreyfus
Common Equity Income Growth Common Bond Loans to
Stock Fund Fund Fund Fund Stock Fund Fund Participants Total
---------- ---- ---- ---- ---------- ---- ------------ -----
<S> <C> <C> <C> <C> <C> <C> <C> <C>
Interest and dividends
receivable $ - - 76 - - - - 76
----- ----- ------ ----- --- --- ----- ------
Contributions receivable:
Employee - 35 70 29 10 11 - 155
Employer - 12 25 10 3 4 - 54
----- ----- ------ ----- --- --- ----- ------
- 47 95 39 13 15 - 209
----- ----- ------ ----- --- --- ----- ------
Investments:
Short-term
investments 27 2 1 - - - - 30
Common stocks 570 6,371 - 2,167 655 - - 9,763
Government bonds - - - - - 438 - 438
Insurance company
contracts - - 13,114 - - - - 13,114
Notes receivable
from participants - - - - - - 2,179 2,179
----- ----- ------ ----- --- --- ----- ------
597 6,373 13,115 2,167 655 438 2,179 25,524
----- ----- ------ ----- --- --- ----- ------
Total assets 597 6,420 13,286 2,206 668 453 2,179 25,809
Liabilities - transfers
due to (from) other
funds 145 (64) 88 (79) (85) (5) - -
----- ----- ------ ----- --- --- ----- ------
Net assets available
for plan benefits $ 452 6,484 13,198 2,285 753 458 2,179 25,809
===== ===== ====== ===== === === ===== ======
</TABLE>
See accompanying notes to financial statements.
-3-
<PAGE>
FOODMAKER, INC. EASY$AVER PLUS PLAN
Statement of Changes in Net Assets Available for Plan Benefits
With Fund Information
(in thousands)
<TABLE>
<CAPTION>
Year Ended December 31, 1994
-------------------------------------------------------------------------
Ralston
Purina Fixed FMI Dreyfus
Common Equity Income Growth Common Bond Loans to
Stock Fund Fund Fund Fund Stock Fund Fund Participants Total
---------- ---- ---- ---- ---------- ---- ------------ -----
<S> <C> <C> <C> <C> <C> <C> <C> <C>
Contributions:
Employee $ - 767 1,566 519 200 186 - 3,238
Employer - 213 471 159 65 58 - 966
----- ----- ------ ----- --- --- ----- ------
- 980 2,037 678 265 244 - 4,204
----- ----- ------ ----- --- --- ----- ------
Investment income:
Dividends 5 195 - 18 - - - 218
Interest 1 56 977 27 14 45 - 1,120
----- ----- ------ ----- --- --- ----- ------
6 251 977 45 14 45 - 1,338
----- ----- ------ ----- --- --- ----- ------
Net realized gain (loss)
on sale of investments 269 554 - 162 (11) (6) - 968
Unrealized depreciation
of investments (257) (718) - (380) (596) (34) - (1,985)
Distributions (41) (929) (1,797) (294) (126) (90) - (3,277)
Loan repayments - 245 542 118 59 39 (1,003) -
Loan disbursements - (305) (802) (122) (17) (21) 1,267 -
Interfund transfers (426) 211 56 (184) 442 (99) - -
Administrative expenses (3) (26) (75) (22) - (10) - (136)
----- ----- ------ ----- --- --- ----- ------
Increase (decrease)
in net assets (452) 263 938 1 30 68 264 1,112
Net assets available for
plan benefits:
Beginning of year 452 6,484 13,198 2,285 753 458 2,179 25,809
----- ----- ------ ----- --- --- ----- ------
End of year $ - 6,747 14,136 2,286 783 526 2,443 26,921
===== ===== ====== ===== === === ===== ======
</TABLE>
See accompanying notes to financial statements.
-4-
<PAGE>
FOODMAKER, INC. EASY$AVER PLUS PLAN
Statement of Changes in Net Assets Available for Plan Benefits
With Fund Information
(in thousands)
<TABLE>
<CAPTION>
Year Ended December 31, 1993
-------------------------------------------------------------------------
Ralston
Purina Fixed FMI Dreyfus
Common Equity Income Growth Common Bond Loans to
Stock Fund Fund Fund Fund Stock Fund Fund Participants Total
---------- ---- ---- ---- ---------- ---- ------------ -----
<S> <C> <C> <C> <C> <C> <C> <C> <C>
Contributions:
Employee $ - 576 1,399 468 166 158 - 2,767
Employer - 198 472 154 50 48 - 922
----- ----- ------ ----- --- --- ----- ------
- 774 1,871 622 216 206 - 3,689
----- ----- ------ ----- --- --- ----- ------
Investment income:
Dividends 19 207 - 21 - - - 247
Interest 2 39 1,042 19 7 35 - 1,144
----- ----- ------ ----- --- --- ----- ------
21 246 1,042 40 7 35 - 1,391
----- ----- ------ ----- --- --- ----- ------
Net realized gain (loss)
on sale of investments 137 174 - 235 (1) 3 - 548
Unrealized appreciation
(depreciation) of
investments (221) 716 - (7) (9) (8) - 471
Distributions (40) (635) (1,674) (222) (64) (19) - (2,654)
Loan repayments - 152 395 70 36 22 (675) -
Loan disbursements (1) (269) (740) (103) (12) (20) 1,145 -
Interfund transfers (194) 322 (418) 71 205 14 - -
Administrative expenses (10) (25) (81) (14) (6) (5) - (141)
----- ----- ------ ----- --- --- ----- ------
Increase (decrease)
in net assets (308) 1,455 395 692 372 228 470 3,304
Net assets available for
plan benefits:
Beginning of year 760 5,029 12,803 1,593 381 230 1,709 22,505
----- ----- ------ ----- --- --- ----- ------
End of year $ 452 6,484 13,198 2,285 753 458 2,179 25,809
===== ===== ====== ===== === === ===== ======
</TABLE>
See accompanying notes to financial statements.
-5-
<PAGE>
FOODMAKER, INC. EASY$AVER PLUS PLAN
Notes to Financial Statements
December 31, 1994 and 1993
1. DESCRIPTION OF THE PLAN
The following brief description of the Foodmaker, Inc. Easy$aver Plus Plan
(the "Plan") is provided for general information purposes only. Participants
should refer to the Plan document for a more complete description of the Plan's
provisions.
a. General:
-------
The Plan was established effective April 1, 1983 for the purpose of
enabling employees to enhance their long-range financial security through
regular savings with the benefit of Foodmaker, Inc. (the "Company")
contributions. The benefits provided under the Plan are intended to
supplement the retirement benefits provided under other plans sponsored by
the Company. The Plan is subject to certain provisions of the Employee
Retirement Income Security Act of 1974 ("ERISA"); however, benefits under
the Plan are not eligible for plan termination insurance provided by the
Pension Benefit Guaranty Corporation under Title IV of ERISA.
The Company, as plan sponsor, makes contributions to the Plan and pays a
portion of the administrative costs. Subject to certain restrictions, the plan
sponsor also has the authority and responsibility for the general
administration of the Plan. The Chairperson of the Company's Board of
Directors is authorized to appoint the members of the Administrative Committee
(the "Committee"). The Northern Trust Company, as trustee, has the
authority to hold, manage and protect the assets of the Plan in accordance
with the provisions of the Plan and a separate Trust Agreement.
The Plan covers substantially all regular administrative and clerical
employees of the Company who have completed one year of service, receive
regular compensation from a payroll in the United States, and effective
January 1, 1988, have attained age 21. Eligible warehouse and distribution
employees may participate in the Plan effective January 1, 1991. Eligible
maintenance technicians and equipment technicians also may participate in the
Plan effective July 1, 1992. Participation by eligible employees is voluntary.
b. Contributions:
-------------
Prior to April 1, 1991, participants could elect to have the Company
contribute to the Plan any amount from 2% to 8% of their compensation in 1%
increments through payroll deductions. This deferral is referred to as a
pre-tax deferral, i.e., it is not subject to Federal income taxes in the year
deferred. Effective April 1, 1991, the maximum amount of the compensation
participants may elect to defer is 12%. The Company made a matching
contribution equal to 50% of each participant's pre-tax deferral up to 4% of
compensation (see Note 5). Prior to January 1, 1989, participants who deferred
at least 4% of compensation could have elected to contribute an additional 1%
to 10% of compensation, in 1% increments, on an after-tax basis. Beginning
January 1, 1989, after-tax contributions could have been made whether or not
the participant had elected to make any pre-tax deferrals. Effective April 1,
1991, after-tax contributions may no longer be made to the Plan.
-6-
<PAGE>
FOODMAKER, INC. EASY$AVER PLUS PLAN
Notes to Financial Statements
December 31, 1994 and 1993
(Continued)
1. DESCRIPTION OF THE PLAN (Continued)
c. Vesting:
-------
Participants have a fully vested interest in their pre-tax deferrals and
after-tax contributions plus actual earnings thereon. Company contributions
vest at the rate of 25 percent for each year of service by the participant
(including service prior to the effective date of the Plan) or upon attainment
of age sixty-five, retirement, disability, death or termination of the Plan.
The vested amount in a participant's account normally is distributed upon
termination of employment. The amount of the Company's contribution that is
not vested with respect to any participant is forfeited upon termination of
employment, but is restored if the participant becomes an eligible employee
within five years after termination. Forfeitures are used to reduce employer
contributions.
d. Participant Accounts:
--------------------
As of December 31, 1994 the trustee maintains five investment funds -- the
Equity Fund, the Fixed Income Fund, the Growth Fund, the FMI Common Stock Fund
and the Dreyfus Bond Fund. The Ralston Purina Common Stock Fund was dissolved
effective June 30, 1994. Participants may direct their pre-tax deferrals,
after-tax and Company matching contributions to be placed in any of the five
investment funds allocated in multiples of 10% to any combination of these
investment funds. The Ralston Purina Common Stock balance was comprised of
contributions made prior to the change of ownership of the Company. Earnings
derived from the assets of any investment fund are reinvested in the fund to
which they relate except that effective September 30, 1987, earnings related to
the Ralston Purina Common Stock Fund may, at the discretion of the trustee, be
reinvested in the Fixed Income Fund. Participants may elect to transfer all or
any multiple of 10% of the value of their accounts among funds at the beginning
of any calendar quarter. Pending investment of the assets in an investment
fund, the trustee may temporarily make certain short-term investments.
The Plan permits voluntary withdrawals by participants of their
after-tax contributions and related earnings no more than once every six
months. Because of certain Internal Revenue Service regulations,
participants may, with Committee approval, withdraw pre-tax deferrals
(exclusive of earnings for withdrawals after December 31, 1989), Company
matching contributions (if the participant is fully vested) and related
earnings only in the event of a financial hardship. The Plan permits
participants to borrow from the investment funds. Loans are subject to such
rules and regulations as the Committee may adopt, including but not limited
to the following: (1) the amount of the loan is subject to certain
limitations, (2) the loan bears interest at prevailing rates and repayments
are to be made through payroll deductions, and (3) the payment of a
processing fee is required. Amounts loaned to participants are treated as
invested in such loans and, to the extent unpaid, do not generate any
earnings other than interest thereon.
-7-
<PAGE>
FOODMAKER, INC. EASY$AVER PLUS PLAN
Notes to Financial Statements
December 31, 1994 and 1993
(Continued)
1. DESCRIPTION OF THE PLAN (Continued)
e. Trust:
-----
The assets of the Plan were held in a Trust with the assets of a 401(K)
plan sponsored by Chi-Chi's, Inc. ("Chi-Chi's"), a former subsidiary of the
Company. Effective March 31, 1994, substantially all of the assets of the
Chi-Chi's Plan were transferred from the Trust due to the Company's
divestiture of Chi-Chi's.
2. SUMMARY OF ACCOUNTING POLICIES
The financial statements of the Plan are prepared using the accrual
method of accounting.
The Plan's short-term investments consist of money market accounts which
are valued at fair value. The Plan's investments in common stocks are stated
at fair value. Fair value is determined by quoted market prices. Purchases
and sales of securities are recorded on a trade date basis.
The Plan's insurance company contracts are valued at contract value.
Contract value represents contributions made under the contract, plus
interest at the contract rate, less funds used to purchase annuities and pay
certain expenses.
-8-
<PAGE>
FOODMAKER, INC. EASY$AVER PLUS PLAN
Notes to Financial Statements
December 31, 1994 and 1993
(Continued)
3. INVESTMENTS
Investments consist of the following at December 31, 1994 and 1993:
<TABLE>
<CAPTION>
December 31, 1994 December 31, 1993
----------------------- ----------------------
Fair Fair
Description of Investment Cost Value Cost Value
- ------------------------- ---- ----- ---- -----
(in thousands)
<S> <C> <C> <C> <C>
Northern Trust Collective Short-term
Investment Fund $ 185 $ 185 $ 30 $ 30
Ralston - Ralston Purina Group
Common stock - - 791 570
Fidelity Equity Income Fund, Inc.
(net asset value $30.70 and $33.84
in 1994 and 1993, respectively)
(Equity Fund) 6,651 6,656 5,655 6,371
State Street Bank and Trust Company
Selection Fund (Fixed Income Fund) 13,913 13,913 13,114 13,114
Twentieth Century Investors, Inc.
Select Fund (net asset value
$33.10 and $39.46 in 1994 and
1993, respectively)
(Growth Fund) 2,694 2,270 2,174 2,167
Foodmaker, Inc. Common Stock 1,361 772 664 655
Dreyfus Short-Intermediate Government
Fund (net asset value $10.53 and
$11.37 in 1994 and 1993, respectively)
(Bond Fund) 528 552 446 438
Notes receivable from participants 2,443 2,443 2,179 2,179
------ ------ ------ ------
$27,775 $26,791 $25,053 $25,524
====== ====== ====== ======
</TABLE>
4. FEDERAL INCOME TAXES
On April 1, 1987, the Internal Revenue Service issued a favorable
determination letter related to the Foodmaker, Inc. Easy$aver Plus Plan.
This letter gives the Plan a tax exempt status. The Plan was amended and
restated thereafter effective January 1, 1988 and January 1, 1989. As a
result of the Plan amendments and restatements, the Company has submitted an
application for a favorable determination. The Company knows of no
transactions or events which would prevent the restated Plan from obtaining a
tax exempt status.
-9-
<PAGE>
FOODMAKER, INC. EASY$AVER PLUS PLAN
Notes to Financial Statements
December 31, 1994 and 1993
(Continued)
5. SUBSEQUENT EVENT
Effective April 3, 1995, the Company temporarily suspended matching
contributions.
-10-
<PAGE>
Schedule I
----------
FOODMAKER, INC. EASY$AVER PLUS PLAN
Schedule of Investments
Item 27a-Schedule of Assets Held for Investment Purposes
<TABLE>
<CAPTION>
December 31, 1994 December 31, 1993
------------------------ ------------------------
Number of Number of
Shares/ Fair Shares/ Fair
Description of Investment Units Cost Value Units Cost Value
-------- ----- ----- --------- ---- -----
(dollars in thousands)
<S> <C> <C> <C> <C> <C> <C>
Northern Trust Collective Short-term
Investment Fund 185 $ 185 $ 185 30 $ 30 $ 30
Ralston - Ralston Purina Group
Common stock - - - 14,329 791 570
Fidelity Equity Income Fund, Inc.
(net asset value $30.70 and $33.84
in 1994 and 1993, respectively)
(Equity Fund) 216,804 6,651 6,656 188,269 5,655 6,371
State Street Bank and Trust Company
Selection Fund (Fixed Income Fund) - 13,913 13,913 N/A 13,114 13,114
Twentieth Century Investors, Inc.
Select Fund (net asset value
$33.10 and $39.46 in 1994 and
1993 respectively)
(Growth Fund) 68,571 2,694 2,270 54,919 2,174 2,167
Foodmaker, Inc. Common Stock 181,561 1,361 772 67,202 664 655
Dreyfus Short-Intermediate Government
Fund (net asset value $10.53 and
$11.37 in 1994 and 1993, respectively)
(Bond Fund) 52,383 528 552 38,559 446 438
Notes receivable from participants N/A 2,443 2,443 N/A 2,179 2,179
------ ------ ------ ------
$27,775 $26,791 $25,053 $25,524
====== ====== ====== ======
</TABLE>
See accompanying Independent Auditors' Report.
-11-
<PAGE>
Schedule II
-----------
FOODMAKER, INC. EASY$AVER PLUS PLAN
Reportable Transactions
-----------------------
The following schedule of 5% reportable transactions represents the aggregate
of such transactions relating to the Foodmaker, Inc. Easy$aver Plus Plan
assets which were maintained by The Northern Trust Company, the Plans'
trustee.
See accompanying Independent Auditors' Report.
-12-
<PAGE>
SCHEDULE II
ITEM 27d-SCHEDULE OF REPORTABLE TRANSACTIONS
SCHEDULE OF REPORTABLE 5% TRANSACTIONS
12-31-93 THROUGH 12-31-94
***********************************************
<TABLE>
<CAPTION>
CURRENT VALUE
AVERAGE PURCHASE COST OF OF ASSET ON NET GAIN
DESCRIPTION OF ASSET OR SELL PRICE ASSET TRANSACTION DATE OR (LOSS)
-------------------- ----------------- ----- ---------------- ---------
($) ($) ($) ($)
TRANSACTIONS BY ISSUE
- ---------------------
<S> <C> <C> <C> <C>
MFO FIDELITY EQUITY-INCOME FD INC OPEN
END FD
52,128.76 SHARES BOUGHT IN 37 TRANSACTIONS 32.34 1,685,884.30 1,685,884.30
22,417.95 SHARES SOLD IN 7 TRANSACTIONS 33.09 619,488.74 741,726.67 122,237.93
------------ ----------
2,427,610.97 122,237.93
============ ==========
COLTV SHORT TERM INVT FD
INCREASES ON 334 DAYS 9,187,927.76 9,187,927.76
DECREASES ON 330 DAYS 9,031,568.22 9,031,568.22 0.00
------------- ----------
18,219,495.98 0.00
============= ==========
CF STATE STREET SELECTION FUND
CARRYING VALUE BOUGHT IN 39 TRANSACTIONS 1.00 2,384,364.13 2,384,364.13
CARRYING VALUE SOLD IN 11 TRANSACTIONS 1.00 1,519,310.39 1,519,310.39 0.00
------------ ----------
3,903,674.52 0.00
============ ==========
TRANSACTIONS BY BROKER
- ----------------------
THERE ARE NO REPORTABLE BROKER TRANSACTIONS
</TABLE>
NOTE: TRANSACTIONS ARE BASED ON THE 12-31-93 MASTER TRUST VALUE (EXCLUDING
ACCRUALS) OF 29,866,174.35.
-13-
<PAGE>
EXHIBITS
1. Consent of KPMG Peat Marwick LLP.
SIGNATURES
The Plan. Pursuant to the requirements of the Securities Exchange Act of
1934, the trustees (or other persons who administer the employee benefit
plan) have duly caused this annual report to be signed on its behalf by the
undersigned hereunto duly authorized.
FOODMAKER, INC. EASY$AVER
PLUS PLAN
Date: June 23, 1995 By: WILLIAM E. RULON
-----------------------------
William E. Rulon
Member, Administrative Committee
-14-
<PAGE>
Exhibit 1
Independent Auditors' Consent
-----------------------------
The Board of Directors
Foodmaker, Inc.:
We consent to incorporation by reference in the registration statement (No.
33-54602) on Form S-8 of Foodmaker, Inc. of our report dated June 16, 1995,
relating to the statements of net assets available for plan benefits with fund
information of Foodmaker, Inc. Easy$aver Plus Plan as of December 31, 1994 and
1993, and the related statements of changes in net assets available for plan
benefits with fund information for each of the years in the two-year period
ended December 31, 1994, and all related schedules, which report appears in the
December 31, 1994 annual report on Form 11-K of the Foodmaker, Inc. Easy$aver
Plus Plan.
KPMG PEAT MARWICK LLP
San Diego, California
June 26, 1995
