well the dealership just called, so they couldn't replicate the problem, however the tech did find a fuel code, and noted a CRUCIAL PCM update had not been done - re: fuel curve, and did the upgrade, he said I should notice a HUGE difference in operation, and that this may be the issue that was causing me greif, essentially I was starving the car of fuel when I accelorated and teh new upgrade would resolve this issue, he did say that the previous dealership did not do a great PDI and didn't run any complinace software..... so needless to say this dealership has earned my business and the car will go there for any service work.

ohhh and side note, I asked how much an oil change was and they all replied $42.60 right off the bat hahahaha looks like these guys have their crap together. I called my sales guy and all he said was I'm sorry man, I wish we could have found it first?????? oh well....