n5 Section 2 of Senate Bill No. 1612 added Code of Civil Procedure section 580.5, which
provides in pertinent part: "(b) With respect to an obligation which is secured by a
mortgage or a deed of trust upon real property or an estate for years therein and which is
also supported by a letter of credit, neither the presentment, receipt of payment, or
enforcement of a draft or demand for payment under the letter of credit by the beneficiary
of the letter of credit nor the honor or payment of, or the demand for reimbursement,
receipt of reimbursement or enforcement of any contractual, statutory or other
reimbursement obligation relating to, the letter of credit by the issuer of the letter of
credit shall, whether done before or after the judicial or nonjudicial foreclosure of the
mortgage or deed of trust or conveyance in lieu thereof, constitute any of the following:
(1) An action within the meaning of subdivision (a) of Section 726, or a failure to comply
with any other statutory or judicial requirement to proceed first against security. (2) A
money judgment for a deficiency or a deficiency judgment within the meaning of Section
580a, 580b, or 580d, or subdivision (b) of Section 726, or the functional equivalent of
any such judgment. (3) A violation of Section 580a, 580b, 580d, or 726." (Code Civ.
Proc., § 580.5, subd. (b), as added by Stats. 1994, ch. 611, § 2.)
Section 4 of Senate Bill No. 1612 made certain technical, nonsubstantive changes to
section 5114, which embodies the independence principle applicable to letter of credit
payment obligations. (§ 5114, as amended by Stats. 1994, ch. 611, § 4.)