L.A. City Attorney Rocky Delgadillo has filed a civil lawsuit against New York-based video game publisher Take-Two Interactive Inc., maker of the popular video game “Grand Theft Auto: San Andreas.”

The game achieved notoriety last summer when a hot-tub sex scene was discovered hidden in the game’s code. Already a violent game, “GTA: San Andreas” encouraged players to have their characters perform “a variety of criminal acts, including murder, pimping, home robbery, tagging and drug-dealing,” according to the attorney’s statement. The claim accuses Take-Two of “deceptive marketing acts” and “fraudulent manipulation of an industry ratings system,” by concealing the pornographic content.

The game initially received a “Mature” rating from the Entertainment Software Ratings Board, suitable for those 17 and older. The game sold more than 200,000 copies to California gamers, amounting to about $10 million. Once the hidden sex scene was revealed, the game’s rating shot up to “Adults Only,” meaning only those 18 and older could buy it. The AO rating kicked it off the shelves of some of the nations’ largest retailers, like Best Buy Stores Inc. and Wal-Mart Stores Inc., which have a company policy against carrying AO games. Sales plummeted and Take-Two recalled more than $50 million of software from stores.

The suit charges the company with violating two sections of the state’s Business and Professions Codes. Each code violation carries a maximum penalty of $2,500, and Delgadillo is seeking penalties for each game unit sold. The suit also requests that Take-Two be ordered to return a portion of the profits that resulted from sales of the mis-rated game.

“This is the first suit of its kind in the nation and is part of a wider, ongoing investigation by this office into video game marketing,” spokesman Jonathan Diamond wrote in an e-mail. “More will follow. This is the start.”