just in case that gets erased, here is what was suggested.
"From my experience two things would cause this condition, One of them which is easier to check is low freon level, Due to the design of the dual climate control system this has become an increased concern about uneven cooling and alot of people will say what i'm saying doesn't make sense but experience pays and I'm telling you that this is where I start to check, If you have the equipment you may recover the freon from the vehicle and compare it to total capacity, If it's less then recharge the system with the correct amount and see if you still have a difference in temperature. If the recovered amount was the same as the total capacity of the A\C system then I would start looking into possible driver's side mode servo not working properly, What a servo is the motor that changes the temperature door from hot to cold, in the dual climate control there are two of these mode servos one for each side, If the driver's side servo is not moving it's door to fully cold then it will mix hot and cold and therefore push warm air.
To summarize I would start by checking the freon level, doing this will require an a\c machine to check the pressures and recover\recharge. If the freon level was low then a visual inspection will need to take place to see if you have a leak, A common place to leak is the condenser which is basically the radiator for the a\c system which is behind the grille at the front of the vehicle and is common to get hit by a rock from the street and leak out. usually you will see the leak on the condenser as a wet area or an area with unusual accumulation of dirt and dust due to the oil in the a\c system leaking out and attracting dirt.
If the A\C charge was good then the diagnosis will take a sharp turn into the complicated servos which at this point I highly suggest visiting your local Mazda dealership for repair since these servos are usually buried under the dash and are extremely complex to diagnose and use of their scan tool will help greatly in diagnosis."
the guy took it to the dealership and they recovered the freon and charged the system, the guy said his issue was fixed.
I guess it could be the problem, I had the transfer case and trans replaced so maybe they opened the system. I will throw gauges on it the next time it warms up and report back. thanks for the link dude.