Called the service manager last week - since a history had been built earlier he agreed that it was reasonable to take another look and we set an appointment for today. The shop foreman took a ride with me when I dropped the car off and we discussed the things that are happening. They gave me a sweeet 328 as a loaner.

They have ordered what I believe is the traction control brain. The tech saw some intermittent communication issues (DME?) he didn't like and thinks that may be the problem - he was actually able to pull some codes - before, no codes were registered. So....the part will be in in about a week and they tell me it should be covered under warranty. I hope this is the fix!