In an unlawful detainer action against a tenant, who was evicted during the appeal, the trial court's judgment in favor of landlord-plaintiff, ruling that defendant was not entitled to a restitution hearing for the eviction because he had not filed an affirmative cross-complaint, is reversed where: 1) the court erred in denying tenant-defendant's request for a hearing on his restitution claim; and 2) under settled law, defendant was entitled to a restitution hearing even without filing a cross-complaint.