The owner alleged recurring drivability and engine-related problems in a 2016 Mazda CX-9 serviced in Bakersfield, California, including shut-off while merging, overheating/coolant-loss concerns, and later fuel-smell / loss-of-power complaints. The service records reflect a "goodwill" repair along with a serious pattern that may affect use, value, and safety. California Lemon Law protections apply statewide.
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Repair History (from service records)
| Date | Mileage | Dealership | Complaint | Diagnosis | Repair Performed | Result |
|---|---|---|---|---|---|---|
| 2019-10-31 | 69,199 | Bakersfield Mazda | CUSTOMER STATES THAT CAR IS SHUT OFF WHEN MERGING ONTO FREEWAY. Also: “TEMP GAUGE IS RISING TO over HALF. TOWARDS OVERHEATING… ADD WATER EVERY FEW DAYS… COOLANT LEAK SMELL.” | “TECH FOUND THAT THE COOLANT IS LEAKING FROM THE REAR OF HEAD AREA… GOODWILL APPROVAL TO REPLACE ENGINE.” | “REPLACED ENGINE AND RUNNING AS DESIGNED.” | Engine replaced; running as designed. |
| 2020-08-03 | 84,852 | Bakersfield Mazda | VEHICLE LOSES POWER AND STARTS TO JERK AND WANTS TO SHUT DOWN WHILE DRIVING. Also: “GAS SMELLS LIKE ITS LEAKING FROM THE GAS CAP ONTO THE CAR… LOWER GAS MILEAGE.” | “UNABLE TO DUPLICATE ANY OF THE CUSTOMER CONCERN.” | “PERFORM FACTORY RECALL SSPB9 (SCREEN CONCERN) PARTS ON ORDER… PERFORM TIRE PRESSURE INSPECTION… PERFORM MAZDA FULL CIRCLE INSPECTION.” | Recall/inspection performed; concern not duplicated per notes. |
Pattern Summary
- Service history reflects a major engine/cooling concern with reported overheating and coolant loss, followed by an engine replacement.
- The records also reflect a serious drivability/safety allegation: the vehicle shut off while merging onto the freeway.
- A later visit documents loss of power/jerking and fuel-smell/fuel-cap-area concern, even where the shop notes state it could not duplicate the issue at that time.
- A multi-visit pattern like this can be material under California Lemon Law when it affects use, value, or safety.
- Goodwill assistance is often voluntary support (not necessarily an admission), but it may indicate the concern was treated as significant.
Recalls & Common Complaints (2016 Mazda CX-9)
Recall campaigns are often VIN-specific. If you’re seeing similar symptoms, a quick VIN recall check can confirm whether your Mazda CX-9 is included.
- Coolant leak / overheating context: Public NHTSA bulletin materials describe Mazda guidance for certain CX-9 model years regarding coolant leaks at the cylinder head area (a complaint pattern that can present as overheating/coolant loss).
- Fuel / EVAP warning context: Public NHTSA bulletin materials also discuss scenarios tied to EVAP leak codes (e.g., P0456) and fuel cap closure—relevant where records describe fuel-cap-area odor/concerns.
Why "CUSTOMER STATES THAT CAR IS SHUT OFF WHEN MERGING ONTO FREEWAY" allegations matter
A shut-off while merging can be a high-risk drivability event because it may leave a driver without power at the exact moment acceleration is required for safety. Even if a shop later notes it “could not duplicate” a symptom, the underlying issue can still be intermittent and materially affect use, value, and safety. In a California Lemon Law case, a documented pattern of serious drivability complaints and major component repairs may be significant.
Settlement Outcome
The case resolved through a monetary settlement of $52,462.09 under California law. Without admitting liability, the defendants denied wrongdoing and paid to resolve the dispute.
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California Lemon Law & Auto Fraud Rights
Based on the service-record pattern, this matter most directly fits a California Lemon Law / warranty theory.
- Substantial defects: Problems that affect use, value, or safety—including stalling/shut-off events and overheating/cooling failures—can qualify when they persist after reasonable repair opportunities.
- Goodwill: The service records also note ‘goodwill approval to replace engine,’ which is often voluntary assistance (not necessarily an admission), but it can underscore that the concern was treated as significant.
- Reasonable repair opportunities: Repeated visits for the same defect—or major repairs that do not end the problem—can support a claim depending on timing and recurrence.
- Warranty obligations: Warranty coverage and repair documentation matter; repair orders often establish the timeline and the nature of the defect pattern.
California Lemon Law – Common Questions
How many repair attempts are “enough” in California?
There is no single number. Repeated attempts for the same defect—or major repairs that do not end the problem—can support a claim.
Does a major repair like an engine replacement matter?
Yes. Major component repairs can help show the defect was substantial and materially impacted the vehicle.
What does a “goodwill” engine replacement mean?
In many service records, “goodwill” refers to voluntary assistance the manufacturer or dealer authorizes to help cover a major repair (sometimes outside standard warranty expectations). It is not necessarily an admission of wrongdoing, but it can indicate the concern was treated as significant. Accepting a goodwill repair does not automatically waive California Lemon Law rights; eligibility depends on the defect pattern and repair history.
Does my city matter (Bakersfield)?
No—California Lemon Law protections are statewide. Bakersfield is simply where the records reflect service activity.
What should I gather for a case review?
Repair orders/invoices (all pages), any warranty/extended-warranty paperwork, and any settlement or release documents if the case already resolved.
Next Steps
If you’re dealing with recurring defects, major repairs, or safety-related drivability problems, do not wait—deadlines can apply under California law. In most cases, no win, no fee applies. Start with a document review so you can understand whether your vehicle’s repair pattern qualifies.
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