California, United States of America
The following excerpt is from San Chez v. Superior Court In and For Los Angeles County, 153 Cal.App.2d 162, 314 P.2d 135 (Cal. App. 1957):
Also contrary to a contention of the real party in interest, his refusal to answer the questions propounded cannot be sustained on the theory of privilege from self-degradation. Code of Civil Procedure sec. 2065 provides: 'A witness must answer questions legal and pertinent to the matter in issue, * * * but he need not * * * give an answer which will have a direct tendency to degrade his character, unless it be to the very fact in issue, or to a fact from which the fact in issue would be presumed.' Whether the defendant's conduct amounted to cruelty is a fact in issue, and evidence of his adulterous conduct would go directly to proof of such fact (Clark v. Reese, 35 Cal. 89).
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