CALIFORNIA EVIDENCE CODE
GENERAL PROVISIONS RELATING TO PRIVILEGES
Evidence Code Section 913
(a) If in the instant proceeding or on a prior occasion a privilege is
or was exercised not to testify with respect to any matter, or to refuse
to disclose or to prevent another from disclosing any matter, neither
the presiding officer nor counsel may comment thereon, no presumption
shall arise because of the exercise of the privilege, and the trier of
fact may not draw any inference therefrom as to the credibility of the
witness or as to any matter at issue in the proceeding.
(b) The court, at the request of a party who may be adversely affected
because an unfavorable inference may be drawn by the jury because a privilege
has been exercised, shall instruct the jury that no presumption arises
because of the exercise of the privilege and that the jury may not draw
any inference therefrom as to the credibility of the witness or as to
any matter at issue in the proceeding.