Codda v. Codda

MEMORANDUM ***

Appellant Carol Codda (“Codda”) appeals the district court’s order remanding this case to state court for adjudication. Codda’s husband, Ruben Codda, the appel*615lee in this action, brought suit in the Superior Court of Napa County, California, seeking a dissolution of marriage. In the course of the proceedings in state court, issues concerning the custody of the Coddas’ minor child also became the subject of the action.

On May 21, 2003 Codda filed a motion to remove the case to federal court on the basis of federal question jurisdiction under 28 U.S.C. § 1331. Ruben Codda then…