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 *615 lee 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 filed a motion to remand pursuant to 28 U.S.C. § 1447 for lack of subject matter jurisdiction, which was granted by the district court on August 19, 2003. The court held that jurisdiction was lacking because the issues presented in the case, divorce and child custody, were subject to the “domestic relations” exception to federal jurisdiction, see Ankenbrant v. Richards, 504 U.S. 689, 694-96 , 112 S.Ct. 2206 , 119 L.Ed.2d 468 (1992), and that because all of Codda’s asserted bases for jurisdiction were defenses, the well-pleaded complaint rule, see Caterpillar v. Williams, 482 U.S. 386,…